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Civics EOC Review 3 - Organization and Function of Government

Terms in this set (58)

Constitutional Government
A government whose construction and authority are defined by a constitution
Checks and Balances
Each governmental branch has powers to limit (check) the other branches; (Montesquieu)
Appellate Process
Process to have a higher court review the decision of a trial court or lower court; the Supreme Court is mainly an Appeals Court
Habeas Corpus
court order that requires the government to bring a prisoner to court and explain why he or she is being held
Independent Judiciary
a justice system that is not influenced by either the legislative or executive branch; it's free to make decisions based upon law, not upon men or pressure from others
Precedent
a previous case or legal decision that must be followed in future similar cases
Constitutional Requirements for the House of Representatives
*be at least 25 years old.
*a citizen of the U.S. for at least 7 years.
* legal resident of the state elected to represent
Constitutional Requirements for the Senate
• at least 30 years old.
• a citizen of the U.S. for at least 9 years.
• a legal resident of the state you represent
Constitutional Requirements for the President
• be at least 35 years old.
• be a native born U.S. citizen.
• be a resident of the U.S. for at least 14 years
Direct Democracy
type of government in which the power to govern lies directly in the hands of the people rather than exercised through their representatives
Representative Democracy
type of government in which the people elect representatives to do the work of the government for them; the U.S. is one; also called a republic
Oligarchy
type of government in which all power belongs to a small group of people
Socialism
Economic system where working people own and control the means of production and distribution through democratically-controlled public collective groups.
Communism
the economic and political system where the government owns the means of production and decides what will be produced
Monarchy
type of government that has a ruler who inherits leadership; power varies from very limited to absolute
Autocracy
type of government where one person has unlimited power; example: North Korea
Absolute Monarchy
type of government in which the monarch has absolute power among his people
Republic
type of nation like U.S. in which the people elect representatives to carry on the work of the government
Parliamentary System of Government
a system of democratic government in which the executive branch is elected and held accountable to the legislature (parliament)
Federal System of Government
a system of government that divides and shares the powers between the national (federal) government and state and local governments
Confederal System of Government
a system of government where the states have the power and the national government is weak
Unitary System of Government
a system of government where power is almost entirely centralized in a national government; power is given to local governments only for the sake of convenience (garbage collection or issuing parking tickets)
Governor
The chief executive of a state government
President
The chief executive of a nation
Prime Minister
the most senior minister of cabinet in the executive branch of government in a parliamentary system
Legislative Branch
Created by Article I in the Constitution; its delegated powers include collecting taxes, coining money; forming the federal court system, and making all laws which shall be necessary and proper.
House of Representatives
a part of the Legislative Branch; the number of representatives for each state depends on that state's population.
spending bills must start in this chamber
Senate
a part of the Legislative Branch; has 100 elected members (2 from each state); special powers include all impeachment trials and approval of treaties and appointments
Executive Branch
created by Article II in the Constitution; enforces the laws; the President is the leader
Judicial Branch
created by Article III in the Constitution; hears disagreements over the law; comprised of the Supreme Court, Lower Federal Courts, and Special Courts
Supreme Court
the nation's highest court with 9 justices appointed by a President and approved by a majority of the Senate who have life tenure
Concurrent Powers
powers that are shared by a state and federal government like raising and collecting taxes and making and enforcing laws
Impeachment
an official is accused of unlawful activity; at the federal level, charges are made in the House of Representatives and the trial is in the Senate
Implied Powers
powers that Congress has exercised under the "necessary and proper" clause (also called the elastic clause)
Enumerated Powers
powers granted to Congress by Article I, Section 8 of the U.S. Constitution like coining money, regulating trade, making immigration laws
Reserved Powers
powers granted to the states including marriage laws, driving laws, maintaining schools, conducting elections. (10th Amendment)
Supremacy Clause
the U.S. Constitution is the supreme law of the land; Federal law is superior to state law when there is a conflict.
Constitutional Amendment Process
2/3 vote on a proposal in both houses of Congress; 3/4 of state legislatures ratify
How a Bill Becomes a Law
bills can start in either chamber; must be introduced; to committee; out of committee to be voted upon; moves to the other chamber to go through a similar process; sent to the President to sign or veto
Appointment Confirmation
the U.S. Constitution gives the president the power to appoint officials with the "advice and consent of the Senate" (hearings)
Executive Order
orders from the President usually to his own officials; do not require approval from Congress but must have support in the Constitution
Veto
a president's constitutional right to reject a decision or bill proposal made by Congress
Writ of Certiorari
an order asking for judicial review; at least 4 of the 9 Justices on the Supreme Court are required to grant it
Cabinet
appointed officers of the U.S. Executive branch; the heads of the federal executive departments
Chief Justice
highest judicial officer; one of the Supreme Court justices (whether federal or state)
Majority Leader
chief spokesperson for the majority party in a legislative body
Pardon
action of forgiving an error or offense
by the executive branch at the federal and state level
President Pro Tempore
2nd highest-ranking official of the U.S. Senate since the Constitution states that the Vice President is the President of the Senate; since 1890, the most senior senator in the majority party has usually been chosen
Speaker of the House
presiding officer of the House of Representatives; the House elects the position on the first day of every new Congress
Appellate Court
a court of law that is empowered to hear an appeal of a trial court or other lower court
Federal Court System
*Supreme Court
*Court of Appeals
*District Court
FL's State Court System
*State Supreme Court
*District Court of Appeals
*Circuit Courts
*County Courts
Appeal
apply to a higher court for a reversal of the decision of a lower court
Trial Court
a court that is authorized to hear any type of civil or criminal case; Examples: U.S. District Courts, Circuit Courts, County Courts
Jurisdiction
official power to make legal decisions and judgments; authority
State Constitution
document that establishes and describes the duties, powers, structure, and function of the government of Florida; establishes the basic law of the state
Amending FL's Constitution
5 ways to propose a new amendment: like ¾ vote in both houses of the state legislature or a revision committee (meets every 20 years); 60% of voters must approve all amendments
Florida Declaration of Rights
1st article of the FL Constitution; it's like the U.S. Bill of Rights but broader
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