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BJU American Government Chapter 5

Terms in this set (54)

Strict Constructionists (Originalists)
Those who believe that the text of the Constitution is important and that interpretation should be kept to a minimum.
Broad Constructionists (Living Constitutionalists)
Those who take a broader approach to constitutional interpretation.
Necessary and Proper Clause
Article I Section 8 Clause 18

Authorizes Congress to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the government of the United States.

Gives Congress authority to do its job completely.
Amendment Process
The formal means of adapting the Constitution to meet changing needs.
Proposal
The formal introduction of an amendment

Needs 2/3
Ratification
A state level responsibility to formally approve an amendment

Needs 3/4
Bill of Rights
The first 10 amendments that were added in 1791 and were closely tied to the original ratification effort.
Limited Government
Means that government does not have absolute power but rather is limited to those powers that
Separation of Powers
All three branches of have been housed in different buildings and vested with different powers.
Checks and Balances
Thwarts accumulation of power for any one branch of government.
Veto
Rejection of a bill
Impeachment
The ability to charge the president or federal judges with misconduct in office.
Gridlock
One branch halts the political process.
Judicial Review
The judicial branch's power to review the constitutionality of laws passed by the legislative branch or of actions taken by the executive branch,
Marbury v. Madison
Asserted the principle of judicial review.
Federalism
The division of power between national and state levels of government.
Popular Sovereignty
The idea that the people are the ultimate source of their government's authority.
Preamble
Introduces the Constitution by explaining its nature and purpose.
Legislative Branch
Whose primary function is to make laws.
Bicameral
A legislative system with two houses.
Census
A counting of the population.
President Pro Tempore
Serves as leader of Senate when the vice president is absent.
Quorum
The minimum number needed to transact business.
Sergeant at Arms
Responsible to bring in absent members who are needed to make up a quorum in each house in Congress.
Congressional Record
Each house keeps a record of what it does each day.
Franking Privilege
The right to send official mail free of charge.
Pocket Veto
If the president does not sign a bill and Congress adjourns within ten days, the bill is vetoed automatically.
Naturalization
The process by which a foreignborn person gains citizenship.
National Guard
The modern militia. Under the control of the army and air force.
Elastic Clause
Congress has the power to do what it believes is necessary and proper to carry out any listed power.
Writ of Habeas Corpus
Forces authorities to charge an arrested person with a crime before a judge or else release him.
Bill of Attainder
Permits punishment without trial.
Ex Post Facto Law
Makes a law retroactive. Acts that were legal when they were committed cannot be made illegal afterward.
Appropriation
A certain amount of money set apart for a certain purpose.
Executive Branch
Whose primary function is to carry out (enforce) the nation's laws.
Electoral College
Composed of electors from each state. Elects the president.
Reprieves
Temporary postponement of punishment
Pardons
Complete forgiveness of a crime and its consequent punishment
Judicial Branch
The function has been to interpret the law.
Original Jurisdiction
Means that a case can start in the court in question and that the court has first opportunity to hear and decide the case.
Appellate Jurisdiction
Means that the case must first have been tried in a lower before it can be appealed in a higher court.
Extradition
The process of returning a criminal.
Supremacy Clause
This clause upholds the US Constitution as the supreme law of the nation.
Slander
Defaming a person verbally
Libel
Defaming a person in writing
Grand Jury
Composed of a panel of citizens who considers the prosecution's case against the accused in a trial.
Due Process
A fair and proper trial before sentencing.
Eminent Domain
Private property can be taken for the public good but has to be paid for.
Subpoena
A document requiring a person to appear in court as a witness.
Bail
Money held by a court to ensure an accused person's appearance at court.
Prohibition
A ban on the manufacture, sale, or transportation of liquor.
Suffrage (Franchise)
The right to vote.
Lame Duck
An official who is still in office but has not been reelected.
Poll Taxes
Taxes used to keep poor blacks from voting.
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