Unit 2-The Constitution Flashcards

1
Q

Preamble

A

A statement in a constitution that sets forth the goals and purposes of government

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2
Q

Articles of the Constitution

A

Seven articles that state the enumerated powers of the three branches of the United States Government.

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3
Q

Necessary and Proper Clause

A

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

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4
Q

Supremacy Clause

A

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

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5
Q

Enumerated

A

The powers explicitly given to Congress in the Constitution.

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6
Q

Electoral College

A

A group of people named by each state legislature to select the president and vice president

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7
Q

Bill of Rights

A

The first ten amendments of the U.S. Constitution, containing a list of individual rights and liberties, such as freedom of speech, religion, and the press.

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8
Q

Amendments

A

Official changes, corrections, or additions to the Constitution

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9
Q

Unenumerated

A

rights not listed in the Constitution or constitutional amendments; but either implied or, for some other reason, recognized and protected by the Supreme Court.

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10
Q

Cabinent

A

The group of department heads who serve as the presidents chief advisors.

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11
Q

Commander & Chief

A

A person who is in control of all the armed forces of a nation.

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12
Q

Civil Law

A

A law that governs relationships between individuals and defines their legal rights. If a civil law is broken, one takes another individual to court. The burden of proof (a preponderance of evidence) is lower than a criminal case

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13
Q

Criminal Law

A

Addresses violations harmful to society and is actively enforced through prosecution by the state. The burden of proof in a criminal court is beyond a reasonable doubt

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14
Q

Beyond a Reason of Doubt

A

Criminal Case, Evidence must overwhelmingly, without serious question, point to guilt. Enough evidence to prove that jurors will have no doubt that a reasonable person would question whether the accused was guilty.

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15
Q

Preponderance of Evidence

A

The standard of proof in a civil case in which a judge or jury must believe the plaintiff’s story and evidence is stronger than the defendant’s version.

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16
Q

Executive Branch

A

Article II section 2-3 outlines in the power of the executive branch. The president cannot legislate but can pass executive orders under certain defined circumstances.

17
Q

Legislative Branch

A

Article 1 of the Constitution–the law making power of the government.

18
Q

Judicial Branch

A

Article 3 of the Constitution–Division of the federal government that is made up of the national courts; interprets laws, punishes criminals, and settles disputes between states

19
Q

Judicial Review

A

Allows the court to determine the constitutionality of laws

20
Q

Precident

A

ruling that is used as the basis for judicial decision in a later but similar case

21
Q

Delegated

A

Powers specifically given to the federal government by the US Constitution, for example, the authority to print money.

22
Q

Reserved

A

Powers not specifically granted to the federal government or denied to the states belong to the states and the people. (States Powers)

23
Q

Concurent

A

powers shared by both the federal and state governmets

24
Q

Marbury vs Madison

A

Case in which the supreme court first asserted the power of Judicial review in finding that the congressional statue expanding the Court’s original jurisdiction was unconstitutional

25
Q

Supreme Court

A

Consists of nine justices, each appointed by the President and confirmed by Congress. Appointment is for life. Supreme Court exercises the power to determine constitutionality of statutes

26
Q

Trial Court

A

Court of original jurisdiction where cases begin and first court to hear a dispute

27
Q

Appellate Court

A

A court having jurisdiction to review cases and issues that were originally tried in lower courts.