Ch. 3: The Constitution (Magruder's American Government)

Front 1

Constitution

Back 1

the nation's fundamental law; the nation's highest law;"the supreme law of the land"

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Six Basic Principles of the Constitution

Back 2

(1) popular sovereignty,( 2) limited government, (3) separation of powers, (4) checks and balances, (5) judicial review, (6) federalism

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popular sovereignty

Back 3

people are the source of all governmental power and that government requires the consent of the governed; "We the People" in the Constitution; all political power resides with the people

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limited government

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government may only do those things that the people have given it the power to do; government is not all-powerful

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constitutionalism

Back 5

idea that government must be conducted according to constitutional principles

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rule of law

Back 6

idea that government and its officers must always obey the laws of the land (they are never above it)

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separation of powers

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each of the basic powers of government—executive, legislative, and judicial—should be wielded by an independent branch of government; created three equal branches of government

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checks and balances

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each branch of government can check, or limit, the actions of the other branches; keeps one branch of government from dominating actions of the others

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veto

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to reject (an act of Congress)

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legislative (branch) checks

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creates lower courts (on judicial); remove judges through impeachment (on judicial); Senate approves/rejects appointed judges (on judicial); two-thirds vote to override a veto (on executive); remove President through impeachment (on executive)

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executive (branch) checks

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President appoints justices and federal judges (on judicial); veto legislation/bills (on legislative);call a special session (on legislative); recommend legislation (on legislative)

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judicial (branch) checks

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judges appointed for life (on executive); courts may declare executive actions unconstitutional (on executive); courts may declare laws unconstitutional (on legislative)

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judicial review

Back 13

the power of a court to determine whether a government action is constitutional or not

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unconstitutional

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in violation of a provision of the Constitution, and therefore illegal and of no effect

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federalism

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political power should be divided between a central or national government and a number of regional governments

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amendment

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a change to the Constitution

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ratification

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the act of approving a proposed amendment (i.e. formal approval)

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formal amendment

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changes or addition that becomes part of the written language of the Constitution

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methods of formal amendment

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PROPOSAL: by 2/3 vote in each house of Congress or by 2/3 vote of a national convention; RATIFICATION: by ¾ vote of state legislatures or ¾ vote of state conventions

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Bill of Rights

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the first ten amendments to the Constitution,; guarantee many basic freedoms; result of controversy between Federalists and Anti-Federalists

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senatorial courtesy

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the Senate custom of refusing to approve any presidential appointee for federal judge or U.S. attorney unless that person has the support of all Senators from the appointee's home state who belong to the same party as the President

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informal amendment

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a change in the Constitution as a result of custom or practice rather than a formal change in the language of the Constitution by the formal amendment process

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methods of informal amendment

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(1) basic legislation, (2) executive action, (3) court decisions, (4) party practices, (5) custom

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basic legislation

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passing of laws (statutes) by Congress

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Judiciary Act of 1789

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Congress set up all federal courts (except the Supreme Court, which was created by the Constitution)

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executive action

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actions of the President; as Commander-in-Chief , the pres. can send troops to another country and make war without a formal declaration; the pres. can make executive agreements, which do not require ratification like treaties

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executive agreement

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pact made by the President directly with the head of a foreign state; carries same force of law as a treaty, but does not require ratification by 2/3 vote in the Senate

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treaty

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a formal agreement between two or more independent states (must be ratified by two-thirds vote of the Senate)

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court decisions

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the nation's courts interpret and apply the Constitution in the cases they hear

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party practices

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the Constitution makes no mention of political parties, but they have played a major role in shaping our government (i.e. electing the President)

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electoral college

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the body of electors that makes the formal selection of the President

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custom

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unwritten traditions may be as strong as written laws (i.e. presidential cabinet, Vice Presidential succession (later the 25th Amendment), no-third-term tradition (later the 22nd Amendment)

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Cabinet

Back 33

a body made up of the heads of the 15 executive departments