Unit 3- The Constitution Flashcards
When was the Constitution written and when did it take effect?
1787-1789
What is the importance of the Constitution?
The Constitution is this nation’s fundamental law. It is, but its own terms, “the supreme Law of the Land”- the highest form of law in the United States.
In what way specifically does the Constitution set the rules?
It sets out the basic principles upon which government in the United States was built and operates today. The document lay out the ways in which the Federal Government is organized, how the leaders of that government are selected, and many of the procedures these leaders must follow as they perform their duties. Of utmost importance, it sets out the limits within which government must conduct itself.
The Constitution also lays out the basic rules of American politics. By doing so, it helps to determine who wins and who loses in the political arena. To really understand government and politics in this country, we must know a good deal about the Constitution and how it has been interpreted and applied throughout our history.
How long is the Constitution?
Its a little more than 7000 words and can be read in half an hour.
What is one of the Constitution’s strengths?
It deals largely with matters of basic principle. Unlike most other constitutions- those of the 50 States and those of other nations- the Constitution of the United States is not weighted down with detailed and cumbersome provisions.
How is the Constitution divided?
It begins with a short introduction, the Preamble. The balance of the original document is divided into seven numbered sections called articles.
What matter does each section of the Constitution deal with?
Preamble- States the purpose of the Constitution
Article I- Creates the Legislative Branch
Article II- Creates the Executive Branch
Article III- Creates the Judicial Branch
Article IV- Relations among the States
Article V- Amending the Constitution
Article VI- National debts, supremacy of national law, and oaths of office
Article VII- Ratifying the Constitution
What does the First Article do?
Immediately, the Constitution establishes a bicameral legislature- that is, a legislature made up of two houses. It does so for historical, practical, and theoretical reasons.
Define Bicameral.
An adjective describing a legislative body composed of two chambers.
_____ is a reflection of federalism. Each of the states is equally represented in the Senate and each is represented in line with its population in the House.
Bicameralism.
Some people have argued that _____ of the States in the Senate is undemocratic and should be eliminated.
Equal Representation
Define Executive Article
Article II of the Constitution. Establishes the presidency and gives the executive power of the federal government to the president.
What power does the Second Article give the president?
The power to command the armed forces, to make treaties, to approve or veto acts of Congress and call special sessions of that body, to send and receive diplomatic representatives, and to take care that laws be faithfully executed.
_____ has been called the most loosely drawn chapter in the nation’s fundamental law.
Article II
During the AOC, was there a provision for federal courts and a national judiciary?
No, there wasn’t.
What are the two separate court systems in the US?
The national judiciary-Each of the 50 States having their own system of courts.
Define Inferior Courts
The lower federal courts, under the Supreme Court.
What types of distinct federal courts did Congress create?
The Constitutional Courts- The Special Courts
Define Constitutional Courts
Those federal courts that Congress formed under Article III to exercise the judicial power of the United States; includes the court of appeals, the district courts, and the U.S Court of International Trade.
Define Special Courts
Also called the legislative courts and, sometimes, Article I courts; they include the U.S Court of Appeals for Veterans Claims and the U.S Court of Federal Claims.
What is the idea behind the basic principles?
The Constitution is built around 6 basic principles; the first three are popular sovereignty, limited government, and limited powers.
Define Popular Sovereignty
A government that exists only with the consent of the governed.
Define Limited Government
Basic principles of American government, which states that government is restricted in what it may do, and each individual has rights that government cannot take away; see constitutionalism, popular sovereignty.
Define Constitutionalism
Basic principle that government and those who govern must obey the law; the rule of law.
Define Rule of Law
Concept that government and its officers are always subject to the law.
Define Separation of Powers
Basic principle of American system of government that the executive, legislative, and judicial powers are divided among three independent and coequal branches of government.
According to the Articles, how are the powers distributed?
Congress is the lawmaking branch of the National government.
President is the law-executing, law enforcing, and law-administering powers of the National Government.
Federal Courts, and most importantly the Supreme Court, interpret and apply the laws of the United States in cases brought before them.
Define Checks and Balances
System of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others.
Define Veto
Chief executive’s power to reject a bill passed by a legislature; literally “I forbid”.
How can a presidential veto be overridden?
Two-thirds vote in each house.
Define Judicial Review.
The power of a court to determine the constitutionality of a governmental action.
Define Unconstitutional
Contrary to constitutional provision and so illegal, null and void, of no force and effect.
Define Federalism
A system of government in which a written constitution divides powers between a central, or national, government and several regional governments like States.
What did the Framers firmly believe in?
That governmental power poses a threat to liberty-that, therefore, the exercise of governmental power must be restrained,- and to divide governmental power, as federalism does, is to curb it and so prevent its abuse.
How has the process of constitutional change come to be?
By formal amendment and by other, informal means; one of them is the addition of formal amendments to the Constitution.
Define Amendments
A change in, or addition to a constitution or law.
Define Ratification
Formal approval or final consent to the effectiveness of a constitution, constitutional amendment, or treaty.
Define Formal Amendment
Change or addition that becomes part of the written language of the Constitution itself through one of four methods set forth in the Constitution.
How is each amendment proposed and ratified?
Amendments may be proposed by a 2/3rds vote in each house of Congress and ratified by 3/4ths of the State legislatures.
Amendment may be proposed by Congress and ratified by conventions.
Amendment may be proposed by a national convention, called by Congress at the request of two thirds of the State legislatures.
An amendment may be proposed by a national convention and then ratified by conventions in three fourths of the States.
In what scale does proposal and ratification take place?
Proposal takes place at the national level and ratification is a state-by-state matter.
Define Bill of Rights
The first 10 Amendments to the Constitution.
What is the role of the Bill of Rights?
Limits the power of the Federal Government by guaranteeing the safety of persons, opinions, and property from arbitrary acts of government.
What are the other ways of constitutional change other than formal amendments?
The passage of basic legislation by Congress- Actions taken by the President- Key Decisions of the Supreme Court- The Activities of Political Parties- Custom and Usage.
What are the two ways Congress has been a major agent of Constitutional Change?
Passing a number of laws to clarify several of the Constitution’s brief provisions.
Adding to the Constitution by the way in which it has used many of its powers.
Define Executive Agreement
A pact made by the President directly with the head of a foreign state; a binding international agreement with the force of law but which does not require Senate consent.
Define Treaty
A formal agreement between two or more sovereign states.
What is the different between executive agreements and treaties?
Executive agreements need not be approved by the Senate.
Define Electoral College
Group of persons chosen in each State and the District of Columbia every four years who make a formal selection of the President and Vice President.
Define Cabinet
An advisory body to the President.
Define Senatorial Courtesy
An unwritten rule that is closely followed in the Senate.
What did the Framers firmly believe in when it came to limiting federal powers?
Government power inevitably poses a threat to individual liberty, that therefore the exercise of governmental power must be restrained, and that to divide governmental power, as federalism does, is to prevent its abuse.
Define Federalism
A system of government in which a written constitution divides power between a central government and several local governments.
Define Division of Powers
Basic principle for federalism; the constitutional provisions by which governmental powers are divided on a geographic basis (in the United States, between the National Government and the States).
What is federalism’s major strength?
It allows local action in matters of local concern and national action in matters of wider concern.
What is a disadvantage of federalism?
The redundancy that can occur due to overlapping jurisdictions.
Define Delegated Powers
Those powers, expressed, implied, or inherent, granted to the National Government by the Constitution.
Define Expressed Powers
Those delegated powers in the National Government that are spelled out, expressly, in the Constitution; also called the “enumerated powers”
What are some examples of expressed powers?
The power to lay and collect taxes, to coin money, to regulate foreign trade and interstate commerce, and to raise and maintain armed forces.
Define Implied Powers
Those delegated powers of the National Government that are suggested by the expressed powers set out in the Constitution; those “necessary and proper” to carry out the expressed powers.
What are some examples of implied powers?
Congress providing for the regulation of labor management relations, the building of hydroelectric power dams, and the building of the 42,000 mile interstate highway system.
Define Inherent Powers
Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community.
What are some examples of inherent powers?
The power to regulate immigration, to deport unauthorized immigrants, to acquire territory, and to grant diplomatic recognition to other states.
What are some powers expressly denied to the Federal Government?
Levy taxes on exports- Take private property for public use without payment of compensation- Prohibit freedom of religion, speech, press, or assembly- Conduct illegal search or seizure.
How does Congress deny power to the National Government?
First, the Constitution denies some powers to the Federal Government in so many words-expressly.
Second, several powers are denied to the National Government because of the silence of the Constitution.
Third, some powers are denied to the National Government because of the federal system itself.
Define Reserved Powers
Those powers that the Constitution does not grant to the National Government and does not deny to the States.
What do the reserved powers include?
The power of a State to protect and promote the public health, safety, and the general welfare.
Define Exclusive Powers
Those powers which can be exercised by the National Government alone.
What are some examples of exclusive powers?
The power to coin money, make treaties with foreign states, and to lay taxes on imports.
Define Concurrent Powers
Those powers that both the National Government and the States possess and exercise.
What are some examples of concurrent powers?
The power to levy and collect taxes, to define crimes and set punishments for them, and to condemn private property for public use.
Define Supremacy Clause
A provision of the U.S Constitution that states that the Constitution, federal law, and treaties of the United States are the “supreme Law of the Land”.
What does the Constitution do?
Requires the National Government to guarantee certain things to the States and makes it possible for the National Government to do certain things for the States.
What are the Nation’s Obligations under the Constitution?
Republican Form of Government- Making War, Keeping Peace- Respect for Territorial Integrity.
Who has the power to admit new States and how does the process work?
Congress; a new State cannot be created by taking territory from one or more of the existing States without the consent of the legislatures involved.
Define Enabling Act
A congressional act directing the people of a United States territory to frame a proposed State Constitution as a step toward admission to the Union.
Define Act of Admission
Congressional act admitting a new State to the Union.
Define Grants-in-aid programs
Grants of federal money or other resources to States, cities, counties, and other local units.
What are the types of Federal Grants?
Categorical-Block-Project CBP
Define Categorical Grants
One type of federal grants in-aid; mad for some specific, closely defined purpose.
What are the conditions of Categorical Grants?
Use of federal monies only for the specific purpose involved; make its own monetary contribution, often a matching amount but sometimes much less; provide an agency to administer the grant; and obey a set of guidelines tailored to the particular purpose for which the monies are given.
Define Block Grants
One type of federal grants-in-aid for some particular but broadly defined area of public policy.
Define Project Grants
One type of federal grants-in-aid; made for specific projects to States, localities, and private agencies who apply for them.
Define Interstate Compacts
Formal agreement entered into with the consent of Congress, between or among States, or between a State and a foreign state.
Define Full Faith and Credit Clause
Constitution’s requirement that each Stat accept the public acts, records, and judicial proceedings of every other State.
Define Extradition
The legal process by which a fugitive from justice in one State is returned to that State.
Define Privileges and Immunities Clause
Constitution’s stipulation that all citizens are entitled to certain “privileges and immunities,” regardless of their State of residence.
