Chapter Two Key Terms

Front 1

Federal system

Back 1

System in which a national government coexists with the government of each state.

Front 2

Preamble

Back 2

The introductory part of the constitution that states it's broad objectives.

Front 3

Articles

Back 3

The main provisions of the constitution that set out the governments structure, power, and procedures.

Front 4

Amendments

Back 4

Changes made to the constitution since its ratification.

Front 5

Legislative branch

Back 5

Established under the Article 1 of the constitution and consists of the house of representatives and the Senate.

Front 6

Executive branch

Back 6

Established under article 2 of the constitution and consists of the president and vice president.

Front 7

Judicial branch

Back 7

Established under article 3 of the constitution and consists of the supreme court and other federal courts.

Front 8

Bill of rights

Back 8

The first 10 amendments to the constitution that preserve the rights of the people from unlawful acts of government officials, establish and protect freedom of speech and religion, and so on.

Front 9

Enumerated powers

Back 9

Those powers that are explicitly granted to the three branches of government in the constitution.

Front 10

Commerce clause

Back 10

The constitutional clause giving congress the exclusive power to regulate foreign commerce, interstate commerce, and commerce with the Indian tribes.

Front 11

Necessary and proper clause

Back 11

The constitutional clause giving congress the general implied authority to make laws necessary to carry out its other enumerated powers.

Front 12

Executive order

Back 12

An order made by the president which carries the full force of law. They are issued to enforce or interpret federal statutes and treaties.

Front 13

Jurisdiction

Back 13

The legal authority that a court must have before it can hear a case.

Front 14

Judicial review

Back 14

The power of the judiciary to declare a legislative or executive act unconstitutional.

Front 15

Seperation of powers

Back 15

The system of checks and balances created by the constitution whereby the three branches have unique powers that allow them to resolve conflicts among themselves, thus ensuring no one branch exceeds its constitutional authority.

Front 16

Rational basis

Back 16

The lowest level of scrutiny applied by courts deciding constitutional issues through judicial review; upheld if the government shows that the law has a reasonable connection to achieving a legitimate and constitutional objective.

Front 17

Intermediate-level scrutiny

Back 17

The middle level of scrutiny applied by courts deciding constitutional issues through judicial review; upheld if the governement shows that a regulation involves an important government objective that is furthered by substantially related means.

Front 18

Strict scrutiny

Back 18

The most stringent standard of scrutiny applied by courts deciding constitutional issues through judical review when the governement action is related to a fundamental or is based on a suspect classification; upheld if the governmenr shows a compelling need that justifies the law being enacted and no less restrictive alternatives exist.

Front 19

Supremacy clause

Back 19

The constitutional clause that makes clear that federal law is always supreme to any state law that is in direct conflict.

Front 20

Preemption

Back 20

The concept that primary sources of law are applied consistent with a hierarchy and that a law higher in the hierarchy will overrule and make void a conflicting law lower in the hierarchy. Federal law preempts conflicting city and county law.

Front 21

Due process

Back 21

The principle that the government must respect all of the legal rights that are owed to a person according to the law.

Front 22

Fourth amendment

Back 22

Protects individual citizens rights to be secure in their "persons, houses, papers, and effects."

Front 23

Fifth amendment

Back 23

Provides that no person "shall be compelled in any criminal case to be a witness against himself" guaranteeing individuals the right to remain silent both during the investigation and during any subsequent judcial proceedings.

Front 24

Due process clause

Back 24

The constitutional clause protecting individuals from being deprived of "life liberty or property" without due process of law.