The Living Constitution Flashcards
Natural Law
God’s or nature’s law that defines right from wrong and is higher than human law
Separation of Powers
Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
Checks and Balances
Constitutional grant of powers that enables each of the three branches of government to check some acts of the others and therefore ensure that no branch can dominate
Divided Government
Governance divided between the parties, especially when one holds the presidency and the other controls one or both houses of Congress
Direct Primary
Election in which voters choose party nominees
Initiative
Procedure whereby a certain number of voters may, by petition, propose a law or constitutional amendment and have it submitted to the voters
Referendum
Procedure for submitting to popular vote measures passed by the legislature or proposed amendments to a state constitution
Recall
Procedure for submitting to population vote the removal of officials from office before the end of their term
Judicial Review
The power of a court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution
Writ of Mandamus
Court order directing an official to perform and official duty
Impeachment
Formal accusation by the lower house of legislature against a public official, the first step in removal from office
Executive Order
Directive issued by a president or governor that has the force of law
Executive Privilege
The power to keep executive communications confidential, especially if they relate to national security
Impoundment
Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated
Marbury v Madison
Court case establishing judicial review after a court justice (Marbury) was withheld his position as a justice after a new secretary of state took office