Unit 2 Constitution and Federalism Flashcards
Powers directly expressed or stated in the constitution by the founders
Expressed powers
Powers the constitution grants or delegates to the national government
Delegated powers
Those powers that the national government requires to carry out the powers that are expressly defined in the constitution
Implied powers
Clause in Article I, Section 8 of the constitution that gives congress the right to make all laws necessary and proper to carry out the powers expressed in the other clauses of Article I
Elastic clause
One of seven main divisions of the body of the constitution
Article
The authority of the Supreme Court and other federal courts to rule on cases
Jurisdiction
Statement in article four of the constitution establishing that the constitution, laws passed by congress, and treaties of the U.S. “Shall be the supreme law of the land.”
Supremacy claus
A system in which power is divided between the national and state governments
Federalism
Rule by the people
Popular sovereignty
A change to the constitution
Amendment
Laws relating to disputes between individuals, groups, or with the state.
Civil law
Written agreements between two or more states
Interstate compact
The power of the courts to declare laws and actions of local, state, or national governments invalid if they violate the Constitution.
Judicial review
Most of the expressed powers of Congress are itemized in Article 1, Section 8.
Enumerated powers
Hand over (a person accused or convicted of a crime) to the jurisdiction of the foreign state in which the crime was committed.
Extradite
A piece of legislation by which a legislative body grants an entity which depends on it for authorization or legitimacy the power to take certain actions.
Enabling act
Powers in nations with a federal system of government that are shared by both the State and the federal government.
Concurrent powers
A written request, signed by many people.
Petition
To sign or give consent ( treaty, contract, or agreement), making it officially valid.
Ratify
Equal amount of power between Judicial Legislative and executive power
Separation of power
Rejection of a bill
Veto
The system where each branch of government exercise some control over the others
Checks and balance
Orders signed by a judge naming the individual to be arrested for a specific crime
Arrest warrant
The government must follow proper constitutional procedures in trials and other actions it takes against individuals
Due process of law
Power of government to take private property for public use
Eminent domain
Elected officials who retired or had been defeated but still remained in office for several months, doing little to nothing
Lame duck
Levied on individual earnings. It has become the major source of money for the national government.
Income tax
Requires periodic checks of government agencies to see if they are still needed.
Sunset Law
Federalism view that favors national action in dealing with federal matters.
Nationalists Position
Federalism view that favors state and local action in dealing with problems.
States Rights Position
Powers that the national government may exercise simply because it is a government
Inherent Powers
Powers that belong strictly to the states
Reserved Powers
No law or state constitution may conflict with any form of national law
Supremacy Clause
An agreement between the United States and a foreign government made by the executive branch either alone or with Congressional approval.
Executive Agreement
A type of judicial interpretation that emphasizes the limited nature of the court’s power.
Judicial Restraint
An interpretation of the U.S constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions particularly the Supreme Court.
Judicial Activism
Plan requiring that what the government spends will not exceed its income
Balanced Budget
To accuse a public official of misconduct in office
Impeach
A formal agreement between the governments of two or more countries
Treaty
