Gov Chapter 3

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Another Name for the Constitution

"the Supreme Law of the Land"

the Preamble

the Introduction to the Constitution

"We the people of the United States, in Order to form a more perfect Union, establish justice, ensure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Articles

Numbered sections of a document. The unamended Constitution is divided into seven articles

the First Three Articles of the Constitution

Preamble: States the purpose of the Constitution
Article I: Legislative Branch
Article II: Executive Branch
Article III: Judicial Branch

L.E.J.

Number of Amendments in the Constitution

27, in the order in which they were adopted

The Constitution is Built Around Six Basic Principles:

1. Popular Sovereignty
2. Limited Government
3. Separation of Powers
4. Checks and Balances
5. Judicial Review
6. Federalism

Popular Sovereignty

the basic principle of the American system of government which asserts that the people are the source of any and all governmental power, and government can exist only with the consent of the governed

Limited Government

the basic principle of the American system of government which states that government is restricted in what it may do, and each individual has rights that government cannot take away

Constitutionalism

the basic principle that government and those who govern must obey the law

Rule of Law

concept that holds that government and its officials are always subject to the law

Separation of Powers

basic principle of American system of government, that the executive, legislative, and judicial powers are divided among three independent and coequal branches of government

Checks and Balances

system of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others

Veto

reject

Judicial Review

the power of courts to determine whether what government does is in accord with what the Constitution provides

Unconstitutional

to declare illegal, null and void, of no force and effect - a governmental action found to violate some provision in the Constitution

Federalism

the division of power among a central government and several regional governments

The Process of Constitutional Change, of Modification and Growth, has Come About in Two Basic Ways

1. by formal amendment
2. by other, informal means

Amendment

a change in, or addition to, a constitution or law

Formal Amendment

changes or additions that become part of the written language of the Constitution itself

(Formal Amending Method) An Amendment May be Proposed by Congress by a 2/3s Vote in Both Houses

Then the Amendment is Ratified by the State Legislature of 3/4 (38) of the States. ( 26 of 27 Amendments were Adopted his way)

(Formal Amending Method) An Amendment May be Proposed by Congress by a 2/3s Vote in Both Houses

Then the Amendment is Ratified by Conventions Held in 3/4 (38) of the States ( Only the 21st Amendment was Adopted this way, Prohibition of Alcohol)

(Formal Amending Method) An Amendment May be Proposed by a National Convention, Called by Congress When Requested by 2/3s (34) of the state legislatures

Then the Amendment is Ratified by the State Legislature of 3/4 (38) of the States. (Never been used before)

(Formal Amending Method) An Amendment May be Proposed by a National Convention, Called by Congress When Requested by 2/3s (34) of the state legislatures

Then the Amendment is Ratified by Conventions Held in 3/4 (38) of the States. (Never been used before)

What Happens Once a State Approves an Amendment?

The Action Becomes FInal and Unchangeable.

The Bill of Rights

The First Ten Amendments
Guarantees Our Basic Freedoms

Informal Amendment

the process by which over time many changes have been made in the Constitution which have not involved any changed in its written word

The Informal Amendment Process can take place by:

1. the passage of basic legislation by Congress
2. actions taken by the President
3. key decisions of the Supreme Court
4. the activities of political parties
5. custom

Executive Agreement

a pact made by the President directly with the head of a foreign state.

Treaty

a formal agreement between two or more sovereign states **and must have senate approval.**

In the Bill of Rights, were the Amendments Ratified at the same time as the Constitution?

No

Which of the following is a method of formal amendment?

proposal by two-thirds of Congress and Ratification by three-fourths of State Legislature

The basic Constitutional rights of the people were first set out on the _____.

Bill of Rights

The subject of a constitutional Amendment

All of the above; the prohibition of alcohol, repeal od a previous amendment, voting age at 18

The Presidents power to veto an act of Congress is an example of?

Checks and Balances

Which of the following accounts for the ability of the Constitution to endure for more than 200 years?

built-in provisions for accommodating change

Which of the following is NOT true of the use of executive agreement?

it is among the executive powers listed in Article II of the Constitution

The Bill of Rights guarantees all the following except

the right for women to vote

When there is a separation of powers

power is distributed among three independent branches of Government

Which of the following is NOT true of the Constitution

is has not been changed for 50 years

which of the following was formally amended to the constitution?

Prohibition of alcohol

the Constitution requires propose amendments to have greater State support for _____ than _____

ratification / proposal

Once ratified, a constitutional amendment may only be changed by what?

another amendment

Which of the following principles holds that government may do only those things that the people have given it power to do?

Limited government

Which of the following Constitutional principles was devised as a compromise between a powerful central government and a loose confederation of states?

Federalism

Article II of the Constitution establishes power of the

Executive Branch

Article III of the Constitution establishes power of the

Judicial Branch

Article I of the Constitution established power of the

Legislative Branch

Which method of amending the Constitution has been the most commonly used?

Congress proposes, State legislatures ratify

Senatorial Courtesy

a custom that the senate will not approve a presidential appointment opposed by a majority party senator from the state in which the appointee would serve

Articles of Confederation

Plan of government adopted by the Continental Congress after the American Revolution; established "a firm league of friendship" among the States, but allowed few important powers to the central government. Very week, it failed because it didn't create a federal government and had no judicial branch

Federalists

those persons who supported the ratification of the Constitution in 1787-1788

Anti-Federalists

those persons who opposed the ratification of the Constitution in 1787-1788

Ratification

formal approvals, final consent to the effectiveness of a constitution, constitutional amendment, or treaty

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to Keep, Bear Arms

3rd Amendment

Lodging Troops in Private Homes

4th Amendment

Search, Seizures, Proper Warrants

5th Amendment

Criminal Proceedings, Due Process, Eminent Domain

6th Amendment

Criminal Proceedings

7th Amendment

Jury Trials in Civil Cases

8th Amendment

Bail; Cruel, Unusual Punishment

9th Amendment

Unenumerated Rights

10th Amendment

Powers Reserved to the States

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