Government Chapter 3

Front 1

article

Back 1

one of seven main divisions of the body of the constitution

Front 2

jurisdiction

Back 2

the authority of the court to rule on certain cases

Front 3

supremacy clause

Back 3

statement in Article 6 of the constitution establishing that the constitution, laws passed by congress, and treaties of the U.S. "shall be the supreme law of the land"

Front 4

amendment

Back 4

a change to the constitution

Front 5

popular sovereignty

Back 5

rule by the people

Front 6

federalism

Back 6

a system in which power is divided between the national and state governments

Front 7

separation of powers

Back 7

the division of power among the legislative, executive, and judicial branches of government

Front 8

checks and balances

Back 8

the system where each branch of government excercises some control over the others

Front 9

veto

Back 9

rejection of a bill

Front 10

judicial review

Back 10

the power of the supreme court to declare laws and actions of local, state, or national governments unconstitutional

Front 11

expressed powers

Back 11

powers directly stated in the constitution

Front 12

enumerated powers

Back 12

the expressed powers of congress that are itemized and numbered 1-18 in Article I, Section 8 of the Constitution

Front 13

elastic clause

Back 13

clause in Article I, Section 8 of 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

Front 14

federal bureaucracy

Back 14

departments and agencies of the federal government mostly the executive branch

Front 15

ratify

Back 15

to approve

Front 16

petition

Back 16

an appeal

Front 17

balanced budget

Back 17

plan requiring that what the government spends will not exceed its income

Front 18

impeach

Back 18

to accuse a public official of misconduct in office

Front 19

treaty

Back 19

a formal agreement between the governments of two or more countries

Front 20

executive agreement

Back 20

an agreement made between the president and a head of state

Front 21

judicial restraint

Back 21

the philosophy that the supreme court should avoid taking the initiative on social and political questions

Front 22

judicial activism

Back 22

the philosophy that the supreme court should play an active role in shaping national policies by addressing social and political issues

Front 23

prior restraint

Back 23

government censorship of information before a =it is published or broadcast

Front 24

probable clause

Back 24

a reasonable basis to believe a person or premises is linked to a crime

Front 25

search warrant

Back 25

an order signed by a judge describing a specific place to be searched for a specific items

Front 26

arrest warrant

Back 26

an order signed by a judge naming the individual to be arrested for a specific crime

Front 27

due process of law

Back 27

principle in the fifth amendment stating that the government must follow proper constitutional procedures in trials and in other actions it takes against individuals

Front 28

eminent domain

Back 28

the power of the government to take private property for public use

Front 29

lame duck

Back 29

an outgoing official serving out the remainder of a term, after retiring or being defeated for reelection

Front 30

poll tax

Back 30

money paid in order to vote

Front 31

libel

Back 31

false written

Front 32

slander

Back 32

false spoken/speech

Front 33

Goals in preamble and be able to give an example how used; Need to write three down and explain by giving an example.

Back 33

1. promote general welfare
-financial aid
-education (schools)
2. establish justice
-courts
3. promote for common defense
-army

Front 34

What is contained in each Article of the Constitution?

Back 34

1. legislative branch
2. executive branch
3. judicial branch
4. state to state
5. amending process
6. supremacy clause
7. ratification

Front 35

Why is our Constitution considered a “living document”?

Back 35

can always change by the amendments

Front 36

Be able to define/explain/recognize the six major principles of the Constitution that we studied

Back 36

1. checks and balances- branches of government have some control over each other
2. separation of powers- each branch has different responsibilities
3. judicial review- if laws are invalid and violate the constitution
4. federalism- power divided b/n state & national govt
5. popular sovereignty - rule by the people
6. limited government- limits government by listing powers is does and doesn't have

Front 37

What is the job of the executive, legislative, and judicial branches? (section 2)

Back 37

Legislative - lawmakers; most important branch (powerful)

Executive - Carry out acts of congress

Judicial - interpret state laws; settle legal disputes

Front 38

What is found in Article 1, Section 8

Back 38

enumerated powers (elastic clause)

Front 39

Explain how Marbury v Madison is tied in with judicial review? Who was the Chief Justice for that case?

Back 39

-established judicial review
-John Marshall

Front 40

Know one way that each branch of government can check each other

Back 40

J --> C : declare acts of congress unconstitutional

J --> E : declare presidential actions unconstitutional

E --> J : nominates federal judges

E --> C : veto bills passed by congress

C --> E : can override presidential vetoes

C --> J : can impeach judges

Front 41

Amendment process: Know where proposal starts? What fraction of Congress needs to approve? Know where ratification is involved? What fraction of states must approve?
-Total number needed for ratification?

Back 41

-national level
-2/3 of congress
-3/4
-38

Front 42

How is the constitution informally changed by use of executive agreement?

Back 42

it doesn't require the Senate approval

Front 43

Time limit on Amendments???

Back 43

7 years

Front 44

First 10 amendments are known as ______________________

Back 44

Bill of Rights

Front 45

reserved powers

Back 45

to the states (amendment 10)

Front 46

Kelo v. New London

Back 46

-eminent domain
-took private property for commercial development
-New London

Front 47

Gideon v. Wainwright

Back 47

-arrested for stealing (from a casino)
-asked for a lawyer (didn't get one)
-6th amendment: right to attorney
-Gideon

Front 48

Edmonson v. Leesville Concrete

Back 48

-hurt on the job
-payments stopped
-sued Leesville
-6th amendment: Jury 7th- impartial
-Edmonson

Front 49

TLO v. New Jersey

Back 49

-2 girls questioned about school rules
-illegal searches and seizures
-school won