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.
