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91 Cards in this Set
- Front
- Back
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one of seven main divisions of the body of the Constitution
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article
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the authority of a court to rule on certain cases
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jurisdiction
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statement in Article VI of the Consti¬tution establishing that the Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme Law of the Land"
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supremacy clause
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a change to the Constitution
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amendment
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rule by the people
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popular sovereignty
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a system in which power is divided between the national and state governments
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federalism
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the division of power among the legislative, executive, and judicial branches of gov-ernment
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separation of powers
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the system where each branch of government exercises some control over the others
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checks and balances
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rejection of a bill
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veto
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the power of the Supreme Court to de¬clare laws and actions of local, stale, or national gov¬ernments unconstitutional
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judicial review
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n 1803 established the precedent for federal courts to rule on the actions of the government.
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Marbury vs Madison
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lowers directly stated in the Consti¬tution
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expressed powers
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the expressed powers of Congress that are itemized and numbered 1-18 in Article I, Section 8 of the Constitution
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enumerated powers
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clause in Article 1, Section 8 ol the Constitution that gives Congress the right to make all laws "necessary and proper" to carry out the powers expressed in the other clauses of Article I
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elastic clause
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departments and agencies of the federal government—mostly the executive branch
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federal bureaucracy
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established the foundation for the expansive authority of Congress. The Supreme Court held that the necessary and proper clause allows Congress to do more than the Constitution expressly authorizes it to do.
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McCulloch v Maryland
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to approve
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ratify
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to appeal
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petition
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plan requiring that what the govern¬ment spends will not exceed its income
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balanced budget
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to accuse a public official of misconduct in office
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impeach
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a formal agreement between the governments of two or more countries
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treaty
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an agreement made between the president and a head of state
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executive agreement
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the philosophy that the Supreme Court should avoid taking the initiative on social and political questions
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judicial restraint
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the philosophy that the Supreme Court should play an active role in shaping national policies by addressing social and political issues
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judicial activism
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This question arose over the proposed Equal Rights Amendment that would prohibit discrimi¬nation on the basis of gender. When 5 of the 35 state legislatures that approved the Amendment later re¬voked their ratification, questions arose. Many constitutional scholars contended that the states' revocations were unconstitutional.
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Equal Rights Amendment (ERA)
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government censorship of information before it is published or broadcast
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prior restraint
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a reasonable basis to believe a person or premises is linked to a crime
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probable cause
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an order signed by a judge describing a specific place to be searched for specific items
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search warrant
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an order signed by a judge naming the individual lo be arrested for a specific crime
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arrest warrant
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principle in the Fifth Amendment stating that the government must follow proper con-stitutional procedures in trials and in other actions it takes against individuals
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due process of law
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the power of the government to take-private property for public use
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eminent domain
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an outgoing official serving out the remain-der of a term, after retiring or being defeated for re¬election
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lame duck
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money paid in order to vote
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poll tax
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Freedom of Religion, Press, Expression. Ratified 12/15/1791. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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1st amendment
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Right to Bear Arms. Ratified 12/15/1791. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
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2nd amendment
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Quartering of Soldiers. Ratified 12/15/1791. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
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3rd amendment
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Search and Seizure. Ratified 12/15/1791. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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4th amendment
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Trial and Punishment, Compensation for Takings. Ratified 12/15/1791. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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5th amendment
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Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. |
6th amendment
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Trial by Jury in Civil Cases. Ratified 12/15/1791. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
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7th amendment
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Cruel and Unusual Punishment. Ratified 12/15/1791. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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8th amendment
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Construction of Constitution. Ratified 12/15/1791. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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9th amendment
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Powers of the States and People. Ratified 12/15/1791. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
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10th amendment
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Judicial Limits. Ratified 2/7/1795. The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
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11th amendment
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Choosing the President, Vice-President. Ratified 6/15/1804. The Electoral College The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted
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12th amendment
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Slavery Abolished. Ratified 12/6/1865. 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. 2. Congress shall have power to enforce this article by appropriate legislation.
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13th amendment
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Citizenship Rights. Ratified 7/9/1868. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
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14th amendment
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Race No Bar to Vote. Ratified 2/3/1870. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. 2. The Congress shall have power to enforce this article by appropriate legislation.
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15th amendment
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5 characteristics of a state
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territory, sovereignty, boundaries, population, gov't
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evolutionary theory
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state evolved from the family
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force theory
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all people of area were brought under authority of one person or group
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divine right theory
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notion that a god or gods have chosen certain people to rule
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social contract
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people surrendered to state the power needed to maintain order, the state in turn agreed to protect its citizens
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Locke vs. Hobbes
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Hobbes- (1st) state of nature no gov existed;
Locke- people naturally endowed with life, liberty, and property(natural rights)- people had right to break contract if gov failed |
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natural rights
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life, liberty, property (Locke)
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sovereignty
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state has supreme and absolute authority w/in its territorial boundaries
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constitution
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plan that provides rules for gov't
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federal govt
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divides powers of gov between nat'l gov and state/provincial govs
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unitary gov
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gives all key powers to nat'l or central gov
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confederation
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loose union of independent states
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autocracy
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any system of gov in which power and authority to rule are in hands of single individual
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oligarchy
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system of gov in which small group holds power
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democracy
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system of gov in which rule is by the people
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capitalism
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free enterprise
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Magna Carta
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principle of limited gov, in which power of monarch, or gov, was limited, not absolute.protection against unjust law & preseve natural rights
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petition of right
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forced Charles I to sign, severely limiting king's power. no taxation w/o representation
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english bill of rights
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clear limits on what ruler could/could not do. monarchs don't have absolute authority, monarch must have parliament's consent to levy taxes. suspend laws, army, cruel unusual punishment, fair speedy trial
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declaration of independence
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begins w/ purpose & basic human rights, complaints against king george, concludes w/ separate from britain
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articles of confederation
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unicameral congress, limited powers for congress
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constitution
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preamble ( why written), 7 articles, bill of rights,major principles ,amendments
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causes of revolutionary war
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taxing colonies to cover war debts, intolerable acts, organization of committees such as continental congress, dec of independence
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principles of gov't
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popular sovereignty
federalism sep of powers checks and balances judicial review limited gov |
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weaknesses of articles of confed
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congress could not levy taxes, no power to regulate trade, couldnt force anyone to obey laws it passed or to abide by articles of confederation, laws needed approval of 9/13 states, amending or changing the articles required consent of all states, central gov didn't have exec branch, no nat'l court system
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constitutional convention
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all states except RI sent delegates, decided to abandon gov't, limited and rep govt, sep of powers, limit power of states to coin money, strengthen nat'l gov
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virginia plan
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gov based on 3 principles: strong nat'l legislature 2 chambers; stron nat'l exec chosen by nat'l legislature; national judiciary appointed by legislature
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NJ plan
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unicamerial legislature, return to articles, rejecteddd
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CT compromise
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legislative branch have 2 parts: House of Rep & senate- smaller states protected while house of reps based on pop
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3/5 compromise
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3/5 of enslaved people were to be counted for both tax purposes and representation
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compromise on commerce and slave trade
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Congress could not ban slave trade until 1808, congress had power to regulate both interstate commerce and foreign commerce, can't tax exports
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federalists
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favored constitution, led by many of founders. merchants, coastal cities
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anti-federalists
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opposed new constitution, farmers, laborers who feared strong nat'l gov, argued lacked bill of rights, Patrick Henry
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preamble
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states why constitution was written
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articles
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cover general topic
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amendments
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changes to constitution
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enumerated powers
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Article 1, section 8- expressed powers of congress
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expressed powers
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powers given to congress
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delegated powers
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powers to constitution grants or delegates to nat'l gov
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concurrent powers
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powers that both nat'l and state gov'ts both have
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implied powers
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powers that the gov't requires to carry out expressed constitutional powers
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inherent powers
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powers that the nat'l gov may exercise simply b/c it is a gov
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reserved powers
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powers that belong strictly to states
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