Unit 2-The Constitution Flashcards
Preamble
A statement in a constitution that sets forth the goals and purposes of government
Articles of the Constitution
Seven articles that state the enumerated powers of the three branches of the United States Government.
Necessary and Proper Clause
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
Supremacy Clause
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.
Enumerated
The powers explicitly given to Congress in the Constitution.
Electoral College
A group of people named by each state legislature to select the president and vice president
Bill of Rights
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.
Amendments
Official changes, corrections, or additions to the Constitution
Unenumerated
rights not listed in the Constitution or constitutional amendments; but either implied or, for some other reason, recognized and protected by the Supreme Court.
Cabinent
The group of department heads who serve as the presidents chief advisors.
Commander & Chief
A person who is in control of all the armed forces of a nation.
Civil Law
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
Criminal Law
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
Beyond a Reason of Doubt
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.
Preponderance of Evidence
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.
Executive Branch
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.
Legislative Branch
Article 1 of the Constitution–the law making power of the government.
Judicial Branch
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
Judicial Review
Allows the court to determine the constitutionality of laws
Precident
ruling that is used as the basis for judicial decision in a later but similar case
Delegated
Powers specifically given to the federal government by the US Constitution, for example, the authority to print money.
Reserved
Powers not specifically granted to the federal government or denied to the states belong to the states and the people. (States Powers)
Concurent
powers shared by both the federal and state governmets
Marbury vs Madison
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
Supreme Court
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
Trial Court
Court of original jurisdiction where cases begin and first court to hear a dispute
Appellate Court
A court having jurisdiction to review cases and issues that were originally tried in lower courts.
