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AG - Chapter 3
AG - Ch3.1 - The Constitution - Section 1 - Structure and Principles
Terms in this set (76)
or introduction, states why the Constitution was written.
seven divisions in the Constitution each of which covers a general topic
or the authority of a court.
establishing that the Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme Law of the Land."
rule by the people
power is divided between national and state governments.
Expressed Constitutional Power
Those powers of Congress specifically listed in the Constitution.
Implied Constitutional powers in the United States
are those powers authorized by a document (from the Constitution) that, while not stated, seem to be implied by powers expressly stated.
Concurrent Constitutional power
is the power shared by the federal and state governments.
Reserved Constitutional Power
a political power that a constitution reserves exclusively to the jurisdiction of a particular political authority.
Separation of Powers
the Constitution limits the central government by dividing power among the legislative, executive, and judicial branches.
checks and balances
whereby each branch of government exercises some control over the others.
or reject laws.
is the power of the courts to declare laws and actions of local, state, or national governments invalid if they violate the Constitution.
What is the basic structure of the Constitution?
The Preamble, the articles, and the amendments
What are the six major principles of the Constitution?
Popular sovereignty, federalism, separation of powers, checks and balances, judicial review, and limited government.
How did the Founders hope to prevent any one branch of government from gaining too much power?
They divided power among executive, legislative, and judicial branches.
or powers directly stated in the Constitution.
- necessary and proper clause - Article 1 Section 8
powers that are numbered in the constitution - Article 1 Section 8
-power to levy taxes
-raise and support armed forces
-establishing post offices
gives Congress the right to make all laws "necessary and proper" to carry out the powers expressed in the other clauses of Article I of the constitution.
made up of all executive branch employees.
Why did the Constitution specifically describe the powers of Congress but remain vague about the powers of the president?
Because they feared the abuse of power that they experienced with the British Parliament, the Founders gave Congress expressed powers, or powers directly stated in the Constitution.
What is the chief function of each of the three branches of the federal government?
Congress makes the laws President carries out the laws, and judicial branch reviews the laws.
Who does the House of Representatives represent and how are they elected?
The House is the voice of the people chosen by popular vote.
Who does the Senate represent and how are they elected?
The Senate represents the broad interests of entire states with senators being originally chosen by their state legislatures.
What are the powers duties, and roles of the Congress?
Makes the laws and its powers and duties are: defense, naturalizing citizens, establishing post offices, securing patents and copyrights, establishing courts, governing the District of Columbia.
What are the powers duties, and roles of the president?
is the head of the executive branch to carry out the acts of Congress. I Its roles include protecting liberty, private property, and business, and could hold the actions of the legislative branch in check. Its powers are : commander in chief of the armed forces and the National Guard,, appoints-with the Senate's consent-heads of executive departments, may pardon people convicted of federal crimes, except in cases of impeachment, or reduce a person's jail sentence or fine, and makes treaties with the advice and consent of the Senate.
What are the powers of the Judicial Branch?
Is the weakest of the branches of government. It has two different systems of courts. One system consists of the federal courts whose powers derive from the Constitution and federal laws. The other includes the courts of each of the 50 states, whose powers derive from state constitutions and laws. Every court has the authority to hear only certain kinds of cases.
What are the duties of federal courts?
Try cases that involve United States laws treaties with foreign nations, interpretations of the Constitution, admiralty or maritime law, and bankruptcy.
the federal government's spending never exceeds its income.
Equal Rights Amendment (ERA)
proposed amendment to the US constitution that would have prohibited discrimination on the basis of gender.
an agreement between nations
is made directly between the president and the head of state of another country.
holds that the Court should avoid taking the initiative on social and political questions.
holds that the Court should play a role in shaping national policies.
How does the amendment process illustrate federalism?
Amendments are proposed at a national level but they are ratified on a state-by-state basis.
What are two ways amendments can be proposed or ratified in the constitution?
Two-thirds vote of each house of Congress and a national convention called by Congress at the request of two-thirds of the states.
What are the two methods that states to approve ratification of amendments?
Three-fourths (75%) of the state legislatures vote to ratify the amendment or for each state to call a special ratifying convention the amendment becomes part of the Constitution when three-fourths of these conventions approve it.
to prevent national government from repeating the British
what is the intent of the second amendment?
search warrant and arrest warrant
what are the two most common warrants?
you are innocent until proven guilty
what is the common right shared by the 6th and 7th amendment
freedom of religion, assembly, press, petition, and speech
right to bear arms
quartering of soldiers
search and seizure
grand jury, double jeopardy, self incrimination, due process, eminent domain
speedy and public trial
trial by jury; $20
cruel and unusual punishment
all other rights not spelled out in the constitution are retained by the people
if not clarified the power belongs to the state and to the people
protected legal rights of enslaved people
prohibits government of denying black people right to vote
repeals the prohibition amendment
women right to vote
limits president to two terms
prohibit poll tax
vice president takes over if president is disabled
lower voting age to 18
congress pay raises effective during term following
2 terms or 10 years
term limits for presidents?
vice president.....speaker of house of representatives.....vice president of the senate.......secretary of state
what is the presidential succession
a process that extended the protections of the Bill of Rights against the actions of state and local govts
government censorship of info before it is published or broadcast
a reasonable basis to believe a person or premises is linked to a crime
order signed by a judge for specific place to be reached for specific terms
an order signed by judge naming the individual to be arrested for a specific crime
principle in the Fifth amendment stating that the govt must follow proper constitutional procedures in trials and in other actions it takes against individuals
power of the govt to take private property for public use
an outgoing official serving out the remainder of a term, after retiring or being defeated for reelection
money paid to vote
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