Unit 2 Flashcards
Extradition
returning a fugitive to where they committed a crime to face trial
Slander
purposely telling lies with the intent to harm one’s reputation
Due Process
TRIAL BY JURY, doing something fair, Magna Carta, fair chance for trial, no self incrimination, big in Amendment 5
Double jeopardy- you can’t be charged twice for the same crime
Eminent domain- taking private property for public use
Warrant
a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice
Representative Government
the government is elected by citizens
Supremacy Clause
In Article 6, Federal law takes precedence over any conflicting state law
Elastic Clause
AKA Necessary and Proper Clause
“stretches” Congress’ power to do what is necessary (ex. taxes, IRS)
I 8:18 Donuts
Full Faith and Credit Clause
each state must honor and validate other states laws, court decisions and public records
Exceptions: Hunting/fishing licenses, college tuition
Popular Sovereignty
the people rule
Federalism
power is (shared/divided) at different levels with top level having more power (strong central government)
Checks and Balances
each Branch checks/limits the other branches
Judicial Review
deciding if something is unconstitutional
Ex. Marbury vs Madison
Northwest Ordinance
chartered a government for Northwest Territory, provided a new method for admitting new states to the Union
Why is Judicial Review an important part of the Checks and Balance system? What court case established Judicial Review?
It ensures each branch of government recognizes the limits of its own power.
Ex. Marbury vs Madison
Marbury v Madison
With his decision in Marbury v. Madison, Chief Justice John Marshall established the principle of judicial review, an important addition to the system of “checks and balances” created to prevent any one branch of the Federal Government from becoming too powerful
the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review
Compare and Contrast Federalists and Anti Federalists
Federalists supported the Constitution and a strong central government while the Anti Federalists did not.
Compare and Contrast Federalists and Anti Federalists
Federalists supported the ratification of the Constitution in 1787-1788 and believed in a strong central government. Anti Federalists did not support the Constitution nor wanted a strong central government
What is the introduction to the United States Constitution called? List the six fundamentals listed in the introduction
The preamble
Popular sovereignty, limited government, separation of power, checks and balances, judicial review, federalism
What is the first fundamental part of the preamble?
Popular sovereignty
What is the second fundamental part of the preamble?
Limited government
What is the third fundamental part of the preamble?
Separation of power
What is the fourth fundamental part of the preamble?
Checks and balances
What is the fifth fundamental part of the preamble?
Judicial Review