Unit 3- The Three Branches Flashcards
Two houses of Congress
House of Representatives
Senate
Reapportionment
Article one of the constitution directs congress to reapportion (redistribute) the seats in the House of Representatives after each decennial (10- census years)\
Census
The process of periodic checks of population
Gerrymandering
The practice of drawing the lines of electoral districts in order to limit the voting strength of a particular group or party (changing district boundaries to benefit certain lawmakers)
Constituent
A person represented by a legislature or other elected office
Number of people in the House of Representatives and term length
435; 2 years (no term limit)
House of Representatives member requirements
Age 25, citizen or naturalized, 7 year resident in state
Who votes for the members in HoR?
Only vote in your district
Number of members in the senate and term length
100 members; 6 years no term limits
Senate member requirements
Age 30, citizen or naturalized, live in state 9 years
Who can vote for senator?
Anyone in the state
Duties of HoR and Senate
Legislator (makes laws)
Commity members (screen bills)
Constituent representative (rep. Voter’s feelings)
Constituent servant (favors for citizens)
Politicians (keep in touch with party)
Bill
A proposed law
Tax
A charge the government had people pay to meet expenses
Power to declare war
CONGRESS CAN DECLARE WAR, raise and support army/navy, make laws for them, call militia to enforce laws
Copyright
The exclusive right of an author to reproduce, publish, and sell his or her work
Patent
Gives an inventor the right to make use, or sell “any new and useful art, machine, manufacture… Or any new and useful improvement.”
Trademark
Protection for words, phrases, logos, or symbols used to distinguish a product
Necessary and proper clause
The clause (elastic clause) states that congress has the power “to make all laws which shall be necessary and proper for carrying into the foregoing [expressed] powers”
Impeach
Bring charges against
The senates presiding officer is the
President pro tempore (when the Vice President is absent)
Resolution
A measure relating to the business of either house or expressing an opinion on a matter
Filibuster
A stalling tactic by which a minority of senators seek to delay or prevent Senate action on a measure
Quorum
A majority of the full membership must be present in order for business to occur
How a bill becomes a law
If it passes the house of rep (Senate), it goes to the Senate (HOR)
If it passes both houses, then it goes to President
With the president signed it, it becomes law
Qualifications to be president
35 years old
A natural born citizen
Live in the US for 14 (not necessarily consecutive) years
22nd amendment
Created in 1944 to limit presidents to no more then two full elected terms in office
Presidential succession
Vice President Speaker of the house President pro tempore Secretary of state Secretary of the treasury
25th amendment
Adopted in 1967, the vice President now formally assumes the office of the president. It also addresses the disability issue-VP it’s given power during Presidents surgeries and illnesses
Formal Duties of the vice President
To press side over the Senate
Help to sign the question of presidential disability and secession
Presidential primary
And election in which a courteous voters choose state delegates to send to the national convention and/or express a preference for their parties presidential nomination
Election day
On the Tuesday after the first Monday in November (even years) the voters cast their ballots
Electors in the electoral college
Each state has as many electors as it had senators and representatives in Congress
Responsibilities of the electoral college
Make the formal selection of the president
Executive order
Directives, rules, or regulations issued by the president that have the force of law
Appointment of cabinet members (who appoints? Who approves?
President appoints members – must be approved by majority vote of the Senate
Treaty
A formal agreement between two or more independent states
Who approves a treaty
2/3 Vote in the Senate
Pardon
Legal forgiveness of a crime
Reprieve
The postponement of the carrying out of a criminal sentence
Bureaucracy
Large, complex structure that handles the every day business of an organization
Federal budget
A very detailed Estimate of receipts and expenditures during the next fiscal year
Who decides federal budget
The president creates the budget and Congress approves
Controllable (discretionary) spending
Items in the federal budget and that the government can increase or decrease spending on each year
Uncontrollable spending
Budget expenses that are either fixed by federal law or are largely out of government control year to year
Entitlement
Benefits that must be paid under federal law to everyone who meets the eligibility requirements
Examples: Social Security, Medicare, Medicaid, food stamps
Article 3
The Constitution created the Supreme Court
Precedent
Prior and judicial decisions that guide rulings on similar cases
Original jurisdiction
The power held by the first court to hear a case
Appellate jurisdiction
The power to hear a case on APPEAL from the court with original jurisdiction
(The higher court hears the case, no jury defendant or witnesses)
Docket
List of cases to be heard by a court
Criminal law
A court case in which a defendant is tried for committing crime; regulates citizens’ behavior and protects public order - go to jail
plaintiff
The person who files a lawsuit
Defendant
The person against whom a legal complaint is made
Number of US Supreme Court justices
Nine
Civil liberties “protection from”
Freedoms protected against unjust actions taken by the government
Civil rights “defended by”
Freedom is protected by positive actions taken by the government
14th amendment
It includes a due process clause, and states have to follow the Bill of Rights. They can’t deny basic rights
First Amendment
Ratified in 1791, gives people freedom and five areas: religion, press, speech, petition, and assembly. It is the right to hear what others have to say
Due process
The guarantee is that the government will act fairly and according to the law
Search warrant
A court order authorizing a search
Second amendment
Protects “the right of the people to keep and bear arms.” It also protects the right of each state to keep a militia
Fourth amendment
It is illegal, in most cases, for the government to search a home out good reason
Probable cause
Reasonable suspicion of a crime
Indictment
A formal complaint made to a grand jury that charges the accused with one or more crimes
Fifth amendment
The accused doesn’t have to prove his/her innocence. Don’t have to testify against yourself
Double jeopardy
Principle that holds that a person cannot be tried twice for the same crime
Miranda rule
The requirement that police officers must inform suspects of their constitutional rights before questioning them
Sixth amendment
The defendant must be told the reason for the charge. It also covers other rights as well
Eighth amendment
Protections for those being punished for crimes (excessive bail and cruel and unusual punishment)
Bail
Money deposited by an accused person with the court to guarantee that he/she will appear in court
Capital punishment
A.k.a. death penalty we currently use the method of lethal injection
Segregation
The separation of one group from another From another on the basis of race
Citizen
A person who owes allegiance to the US and is under the protection of its laws
Civil law
A court case dealing with a noncriminal disputes; deals with citizens’ behavior that doesn’t involve a crime
