Connexus 8: History Unit 4 > Lesson 5: Understanding the Constitution > Flashcards
Lesson 5: Understanding the Constitution Flashcards
Appeal Definition
to ask that a decision be reviewed by a higher court
Articles Definition
a section of the main body of the Constitution, which establishes the framework for the United States government
Bill Definition
a proposed law
Checks and Balances Definition
a principle of the United States Constitution that gives each branch of government the power to check, or limit, the other branches
Constitutional Initiative Definition
the power of citizens to call for votes to change state constitutions
Domestic Tranquility Definition
peace and order within a country
Electoral College Definition
a group of electors from each state who are chosen by voters every four years to vote for the President and Vice President of the United States
Federalism Definition
a principle of the United States Constitution that establishes the division of power between the federal government and the states
General Welfare Definition
the well-being of all the citizens of a nation
House of Representatives Definition
the larger of the two bodies that make up the legislative branch of the United States government, or Congress
Impeach Definition
to bring charges of serious wrongdoing against a public official
Infrastructure Definition
a system of transit lines, highways, bridges, and tunnels
Judicial Review Definition
the power of the Supreme Court to declare a law unconstitutional
Liberty Definition
freedom
Limited Government Definition
a principle of the United States Constitution that states that government has only the powers that the Constitution gives it
Local Government Definition
a government on the county, parish, city, town, village, or district level
Overriding Definition
to overrule, as when Congress overrules a presidential veto
Preamble Definition
an introduction to a declaration, constitution, or other official document
Senate Definition
the smaller of the two bodies that make up the legislative branch of the United States government, or Congress
Supreme Court Definition
the highest court in the United States established by the Constitution
Unconstitutional Definition
not permitted by the Constitution
Vetoing definition
to reject, as when the President rejects a law passed by Congress
What are the six goals listed in the Preamble?
The Preamble identifies six goals of the Constitution:
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
—Preamble to the Constitution
Why did the Preamble of the Constitution state that forming a more perfect union was a goal?
When the Constitution was written, the states saw themselves almost as separate nations. The framers wanted to work together as a unified nation. Fortunately for us, they achieved this goal. Think of what it would be like if you had to exchange your money every time you visited another state!
What does the goal of “establishing justice” mean?
The framers knew the nation needed a uniform system to settle legal disputes. Today, the American justice system requires that the law be applied fairly to every American, regardless of race, religion, gender, or country of origin.
What does the goal of “insuring domestic tranquillity” mean?
Under the Constitution, the national government has the power to insure domestic tranquillity, or peace and order at home. Have you seen reports of the National Guard providing assistance in a disaster area? By such actions, the government works to insure domestic tranquillity.
What does the goal of “providing for the common defense” mean?
Every country has a duty to protect its citizens against foreign attack. The framers of the Constitution gave the national government the power to raise armies and navies. At the same time, they placed the military under civilian, or nonmilitary, control.
What does the goal of “promoting the general welfare” mean?
The Constitution set out to give the national government the means to promote the general welfare, or the well-being of all its citizens. For example, today the National Institutes of Health leads the fight against many diseases.
What does the goal of “securing the blessings of liberty” mean?
During the Revolution, the colonists fought and died for liberty, or freedom. It is no surprise that the framers made liberty a major goal of the Constitution. Over the years, amendments to the Constitution have extended the “blessings of liberty” to all Americans.
What does the main body of the constitution consist of?
The main body of the Constitution is a short document, divided into seven sections called articles. Together, they establish the framework for our government.
What does each articles of the constitution state?
The first three articles describe the three branches of the national government: legislative, executive, and judicial. Article I establishes the powers of and limits on Congress. Articles II and III do the same for the President and the courts. Article IV deals with relations among the states. It requires states to honor one another’s laws and legal decisions. It also sets out a system for admitting new states. Article V provides a process to amend the Constitution. Article VI states that the Constitution is the “supreme law of the land.” This means that states may not make laws that violate the Constitution. If a state law conflicts with a federal law, the federal law prevails. The final article, Article VII, sets up a procedure for the states to ratify the Constitution.
In more than 200 years, how many amendments have been made to the Constitution?
In more than 200 years, only 27 formal changes have been made to the Constitution. The first 10 amendments, known as the Bill of Rights, were added in 1791.
What are the seven basic principles of the Constitution?
The Constitution reflects seven basic principles: popular sovereignty, limited government, separation of powers, checks and balances, federalism, republicanism, and individual rights.
What does the principle of “popular sovereignty” mean?
The framers of the Constitution lived at a time when monarchs claimed that their power came from God. The Preamble, with its phrase “We the people,” reflects a revolutionary new idea: that a government gets its authority from the people. This principle, known as popular sovereignty, states that the people have the right to alter or abolish their government.
What does the principle of “limited government” mean?
The colonists had lived under a British government with nearly unlimited powers. To avoid giving too much power to their new government, the framers made limited government a principle of the Constitution. In a limited government, the government has only the powers that the Constitution gives it. Just as important, everyone from you to the President must obey the law.
What does the principle of “separation of powers” mean?
To further limit government power, the framers provided for separation of powers. The Constitution separates the government into three branches. Congress, or the legislative branch, makes the laws. The executive branch, headed by the President, carries out the laws. The judicial branch, composed of the courts, judges whether actions violate laws and whether laws violate the Constitution.
What does the principle of “checks and balances” mean?
A system of checks and balances safeguards against abuse of power. Each branch of government has the power to check, or limit, the actions of the other two. The separation of powers allows for this system of checks and balances.
What does the principle of “federalism” mean?
The Constitution also reflects the principle of federalism, or the division of power between the federal government and the states. Among the powers the Constitution gives the federal government are the power to coin money, declare war, and regulate trade between the states. States regulate trade within their own borders, make rules for state elections, and establish schools. Some powers are shared between the federal government and the states. Powers not clearly given to the federal government belong to the states.
What does the principle of “republicanism” mean?
The United States is a constitutional republic. This means that the Constitution provides the basis for its republican form of government.
How are people represented in the American Government?
Instead of taking part directly in government, citizens elect representatives to carry out their will. Once in office, representatives vote according to their own judgment. However, they must remain open to the opinions of the people they represent. For that reason, members of Congress maintain websites and offices in their home districts.
What does the principle of “individual rights” mean?
The final principle the U.S. Constitution reflects is individual rights, such as freedom of speech, freedom of religion, and the right to trial by jury.
Which article sets up legislative branch? What are the two parts of Congress?
The first and longest article of the Constitution deals with the legislative, or lawmaking, branch. Article I sets up the Congress to make the nation’s laws. Congress is made up of two bodies: the House of Representatives and the Senate.
How is the House of Representatives organized?
The larger of the two bodies is the House of Representatives, which currently has 435 members. Representation in the House is based on population, with larger states having more representatives than smaller states. Every state has at least one representative.
Representatives are elected by the people of their district for two-year terms. As a result, the entire House is up for election every other year. Representatives may run for re-election as many times as they want. The leader of the House is called the Speaker. The Speaker of the House is one of the most powerful people in the federal government. The Speaker regulates debates and controls the agenda. If the President dies or leaves office, the Speaker of the House is next in line after the Vice President to become President.
How is Senate organized?
Unlike the House, the Senate is based on equal representation of the states, with two senators for each state. Senators are elected to six-year terms. Their terms overlap, however, so that one third of the members come up for election every two years. This way, there is always a majority of experienced senators. Not all of the Founders trusted the judgment of the common people. As a result, they called for senators to be chosen by state legislatures. Over the years, the nation slowly became more democratic. The Seventeenth Amendment, ratified in 1913, provided that senators be directly elected by the people of each state, like members of the House. The Vice President of the United States is president of the Senate. The Vice President presides over the Senate and casts a vote when there is a tie. The Vice President cannot, however, take part in Senate debates. When the Vice President is absent, the Senate’s president pro tempore, or temporary president, presides.
What are the powers of Congress?
The most important power of Congress is the power to make the nation’s laws. All laws start as proposals called bills. A new bill may be introduced in either the House or the Senate. However, an appropriations bill, which is a bill that sets aside money for government programs or operations, must be introduced in the House. After a bill is introduced, it is debated. If both houses vote to approve the bill, it is then sent to the President. If the President signs the bill, it becomes a law. The Constitution gives Congress many other powers besides lawmaking. Article I, Section 8, lists most of the powers of Congress. They include the power to levy, or require people to pay, taxes and to borrow money. Congress also has the power to coin money, to establish post offices, to fix standard weights and measures, and to declare war.
What is the Elastic Clause? Why is there debate over it? Who is debating?
Not all the powers of Congress are specifically listed. Article I, Section 8, Clause 18, states that Congress can “make all laws which shall be necessary and proper” for carrying out its specific duties. This clause is known as the elastic clause because it enables Congress to stretch its powers to deal with the changing needs of the nation.
Americans have long debated the true meaning of the elastic clause. What did the framers mean by the words necessary and proper? For example, early leaders debated whether the elastic clause gave Congress the right to set up a national bank, even though the Constitution does not specifically give Congress that power. Today, political parties still have different points of view on how the elastic clause should be used. Some Americans continue to worry that Congress might use the elastic clause to abuse its powers. Sometimes, the terms strict constructionists and loose constructionists are used to refer to people with different views of the clause. Strict constructionists think that Congress (and the courts that interpret laws) should strictly construe, or narrowly interpret, the elastic clause. They believe the elastic clause should be used to stretch the powers of government rarely, and only to a small degree. Partly because many members of the Republican Party today are strict constructionists, that party particularly believes in reducing or eliminating some government programs. In contrast, loose constructionists think that Congress (and the courts that interpret laws) should loosely construe, or broadly interpret, the elastic clause. They think the elastic clause should be used to stretch the powers of government as often as needed, and to a greater degree. Many members of the Democratic Party today are loose constructionists. Because they believe that the role of the federal government can and should expand as needed, they may support government programs opposed by members of the Republican Party.
What is the Committee System in Congress?
The First Congress, meeting from 1789 to 1791, considered a total of 31 new bills. Today, more than 10,000 bills are introduced in Congress each year. Clearly, it would be impossible for every member of Congress to give each new bill careful study. To deal with this problem, Congress relies on committees. Both the House and the Senate have permanent, or standing, committees. Each committee deals with a specific topic, such as agriculture, banking, business, defense, education, science, or transportation. Members who have served in Congress the longest are usually appointed to the most important committees.
Congress may sometimes create joint committees made up of both Senate and House members. One of the most important kinds of joint committees is the conference committee. Its task is to settle differences between House and Senate versions of the same bill.
Which article of the constitution set up the Executive Branch?
Article II of the Constitution sets up an executive branch to carry out the laws and run the affairs of the national government. The President is the head of the executive branch. Other members include the Vice President, and the executive departments. The heads of the executive departments, who advise the President, are called the Cabinet.
What did the framers of the Constitution think would be the most important branch? What did lead to in the Executive Branch?
The framers thought that Congress would be the most important branch of government. Thus, while the Constitution is very specific about the role of the legislature, it offers fewer details about the powers of the President. Beginning with George Washington, Presidents have often taken those actions they thought necessary to carry out the job. In this way, they have shaped the job of President to meet the nation’s changing needs.
What is the job of the President?
The President is our highest elected official and, along with the Vice President, the only one who represents all Americans. As head of the executive branch, the President has the duty to carry out the nation’s laws. The President directs foreign policy and has the power to make treaties with other nations and to appoint ambassadors. The President is commander in chief of the armed forces. (Only Congress, however, has the power to declare war.) As the nation’s chief legislator, the President suggests new laws and works for their passage. The President can grant pardons and call special sessions of Congress. The President is also the living symbol of the nation. Presidents welcome foreign leaders, make speeches to commemorate national holidays, and give medals to national heroes.
What is Electoral College in the Executive Branch?
The President is elected for a four-year term. As a result of the Twenty-second Amendment, adopted in 1951, no President may be elected to more than two complete terms. The framers set up a complex system for electing the President, known as the electoral college. When Americans vote for President, they do not vote directly for the candidate of their choice. Rather, they vote for a group of electors who are pledged to the candidate. The number of a state’s electors equals the number of its Senators and Representatives. No state has fewer than three electors.
What does the Electoral College do a few weeks after Election Day?
A few weeks after Election Day, the electors meet in each state to cast their votes for President. In most states, the candidate with the majority of the popular vote in that state receives all that state’s electoral votes. The candidate who receives a majority of the electoral votes nationwide becomes President. Because of the “winner-take-all” nature of the electoral college, a candidate can lose the popular vote nationwide but still be elected President. This has happened four times. Today, some people favor replacing the electoral college with a system that directly elects the President by popular vote. Others oppose any change, pointing out that the electoral college has served the nation well for more than 200 years.
What acts and documents set up the Judiciary Branch?
Article III of the Constitution establishes a Supreme Court and authorizes Congress to establish any other courts that are needed. Under the Judiciary Act of 1789, Congress set up the system of federal courts that is still in place today.
What are the levels of Lower Courts? Who do people go to first?
Most federal cases begin in district courts. Evidence is presented during trials, and a jury or a judge decides the facts of the case. A party that disagrees with the decision of the judge or jury may appeal it, that is, ask that the decision be reviewed by a higher court. The next level of courts is the appellate courts, or courts of appeal. Appellate court judges review decisions of district courts to decide whether the lower court judges interpreted and applied the law correctly.
How is the Supreme Court organized in the Judicial Branch?
At the top of the American judicial system is the Supreme Court. The Court is made up of a Chief Justice and eight Associate Justices. The President appoints the justices, but Congress must approve the appointments. Justices serve for life. The main job of the Supreme Court is to serve as the nation’s final court of appeals. It hears cases that have been tried and appealed in lower courts. Because its decisions are final, the Supreme Court is called “the court of last resort.” The Supreme Court hears and decides fewer than 100 cases each year. Most of the cases are appeals from lower courts that involve federal laws. After hearing oral arguments, the justices vote. Decisions require a majority vote of at least five justices. Early on, the Court asserted the right to declare whether acts of the President or laws passed by Congress are unconstitutional, that is, not allowed under the Constitution. This power is called judicial review. The need for judicial review was first discussed in the Federalist Papers, and the Supreme Court has argued that the power is implicit in the Constitution, but it was not established until the 1803 case Marbury v. Madison, which gave the Supreme Court the power of judicial review. Although powerful, the Supreme Court is limited by the system of checks and balances. One check on its power is that Congress can, in certain circumstances, remove Supreme Court justices from office. Also, the Supreme Court does not have the power to pass or enforce laws, it can only provide judicial review of laws.
What are examples of the methods of checks and balances?
The system of checks and balances allows each of the three branches of government to check, or limit, the power of the other two. The President, for example, can check the actions of Congress by vetoing, or rejecting, bills that Congress has passed. Congress can check the President by overriding, or overruling, the veto, with a two-thirds vote in both houses. Congress must also approve presidential appointments and ratify treaties made by the President. The Supreme Court can check both the President and Congress by declaring laws unconstitutional through its power of judicial review. Congress’s most extreme check on the President is its power to remove the President from office. To do this, the House of Representatives must impeach, or bring charges of serious wrongdoing against, the President. The Senate then conducts a trial. If two thirds of the senators vote to convict, the President must leave office. Throughout our history, only two Presidents—Andrew Johnson and Bill Clinton—have been impeached by the House. Neither was convicted by the Senate.
Where did the principle of checks and balances come from?
The principle of checks and balances is based on the principle of separation of powers. Because the powers of government are separated into three branches, each branch can check the power of the other two. Like many principles in the Constitution, separation of powers and the system of checks and balances came from European philosophers of the Enlightenment. One of these philosophers was Baron de Montesquieu, who wrote The Spirit of Laws. Montesquieu argued that the powers of government should be split among three equal branches: legislative, executive, and judicial. This would prevent any branch of government from becoming too powerful and protect individuals’ rights. We can see many of Montesquieu’s ideas reflected in the Constitution today.
True or False: One principle of the Constitution is federalism, or the division of powers between the federal and state governments.
True
What do state governments provide?
The states have the power to meet more local needs. There are also some powers that are shared. But state governments provide many basic services that Americans use each day.
Why was the tenth amendment written?
The Tenth Amendment was written to help ensure that the states keep powers not granted the federal government:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
—Tenth Amendment to the Constitution
Why has the debate over how power should be shared between the federal and state governments been a matter of controversy?
Some Americans point to the Tenth Amendment as support for what is often called states’ rights, or the idea that the federal government should not infringe on states’ powers. A similar idea is that of state sovereignty, or the idea that, within a state, the state government is supreme.
The federal government has used the elastic clause to assume powers that some believe belong to the states. Thus, the debate over how power should be shared between the federal and state governments has been a matter of controversy through most of American history.
How are state constitutions formatted and used?
Each of the 50 states has a constitution that sets forth the principles and framework of its government. Although constitutions vary from state to state, they must all conform to the Constitution of the United States. If a conflict arises, the national Constitution—the “supreme law of the land”—prevails. Most state constitutions resemble the national Constitution in form. They start with a preamble stating their goals and include a bill of rights guaranteeing individual liberties. State constitutions tend to be longer and more detailed than the national Constitution. Many include provisions on finance, education, and other matters. State constitutions set up a government with three branches. The powers of the legislative, executive, and judicial branches on the state level are similar to those of the national government.
How can a state constitution be changed?
State constitutions can be changed in several ways. In the most common method, amendments are proposed by the state legislature and approved by the people in an election. In almost one half of the states, citizens can act directly to change the constitution. In a process known as the constitutional initiative, sponsors of an amendment gather signatures on a petition. When the required number of signatures is attained, the petition goes to the legislature or to the voters for approval. Finally, a state can rewrite its constitution. With the approval of the legislature or the people, the state may call a constitutional convention. The new constitution is then submitted to the people for official approval.
What are the states’ obligations to citizens under state law?
State governments provide a wide range of services. They maintain law and order, enforce criminal law, protect property, and regulate business. They also supervise public education, provide public health and welfare programs, build and maintain highways, operate state parks and forests, and regulate use of state-owned land. The states, not the federal government, have the main responsibility for public education in the United States. Most students attend schools paid for and overseen by the state. The state sets general standards for schools and establishes a recommended course of study. It also sets requirements for promotion and graduation. Each state must build and maintain its own infrastructure, or system of transit lines, roads, bridges, and tunnels. State departments or agencies manage more than 6,000 state parks and recreation areas. To help maintain high standards, state governments license the professionals who serve you, such as doctors, lawyers, and teachers.
When you are old enough to drive, the state will test you and, if you pass, give you a license. State police keep highways safe and protect us against criminal acts.
What type of government does the constitution not state? What forms this type of government? Which form of government has the biggest impact on our daily lives?
The Constitution defines the powers of the federal and state governments. But it does not mention local government, that is, government on the county, parish, city, town, village, or district level. Local governments are created entirely by the states and have only those powers and functions that states give them. Local governments have perhaps the greatest impact on our daily lives. At the same time, it is on the local level that citizens have the greatest opportunity to influence government.
What do Local Governments spend the most money on?
The service that local governments spend the most money on is education. While state governments set standards for schools, it is the cities, towns, or school districts that actually run them. Local school boards build schools and hire teachers and staff. They also have a strong say in which courses will be taught. However, school officials must make all decisions within the guidelines set by state law. Education is one area of local government where citizens exert a great deal of control. Local residents may give up part of their time to serve on local school boards. In most communities, voters have the right to approve or turn down the annual school budget.
What services are provided by Local Government?
Local governments provide a variety of other services. They hire or support firefighters, police, and garbage collectors. Local governments provide sewers and water, maintain local roads and hospitals, and conduct safety inspections of buildings and restaurants. In many cases, water and sewage treatment plants are owned and run by local governments. Other communities hire private companies to supply local needs. Over the years, Americans have looked to local government for more than basic services. Today, most local governments provide libraries and parks and other cultural and recreational facilities. In larger cities, citizens expect their local governments to support airports, sports arenas, and civic centers. Public funding for such facilities is often the subject of debate in major cities.
