Ch. 4: The United States Constitution
Terms in this set (34)
Everyone has a right to a fair trial
type of government in which power is exercised by representatives chosen by the people
Introduction to the Constitution
Establishes our national government
Bill of Rights
a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution)
The article in the Constitution that states the requirements and powers of the legislative branch
The article in the Constitution that states the requirements and powers of the executive branch
The article in the Constitution that states the requirements and powers of the judicial branch
The powers explicitly given to the federal government in the Constitution.
Powers of the federal government that go beyond those enumerated in the Constitution. The Constitution states that congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article I.
Necessary and Proper Clause
Gives Congress the powers to pass all laws necessary to carry out their constitutional duties; "elastic" clause (Art. I, Sec 8, clause 18)
restricting government power, usually through a Constitution
The concept that political power rests with the people who can create, alter, and abolish government. People express themselves through voting and free participation in government
rule of law
principle that the law applies to everyone, even those who govern
separation of powers
the division of power among the legislative, executive, and judicial branches of government (horizontal)
checks and balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
a system in which power is divided between the national and state governments (vertical)
Powers specifically given to the federal government by the US Constitution, for example, the authority to print money.
powers that the Constitution does not give to the national government that are kept by the states
Powers that the Constitution gives to both the national and state governments, such as the power to levy taxes.
a system of judges and courts that is separate from other branches of government.
A view that the Constitution should be interpreted according to the original intent of the framers.
a ruling that is used as the basis for a judicial decision in a later, similar case
way of interpreting the Constitution that allows the federal government to take only those actions the Constitution specifically says it can take
Constitution is broadly interpreted, recognizing that it could not possibly anticipate all future developments; relies on the idea of implied powers and the "necessary and proper" clause.
The power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional
Marbury v. Madison
Established the Supreme Court's power of judicial review.
Established Congress's right to use implied powers in order to carry out its expressed powers.
the right of accused persons to be brought before a judge to hear the charges against them
The article in the Constitution that details the ground rules for relations among states
The article of the Constitution that describes the Amendment process
The article of the Constitution that establishes the Constitution as the "supreme Law of the Land"
Found in Article IV of the Constitution, means that federal law supersedes all state and local law
This article of the Constitution explains the ratification process.