Chapter 3- Government
Terms in this set (51)
7 divisions of the Constitution and those are divided into sections
establishing that the Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme laws of the land."
changes to an agreement
people are the source of government power
power is divided between national and state government
Separation of Powers
each of the three branches of government have their own responsibilities
Checks and Balances
each branch of government holds some control over the other two branches
courts have power to declare laws, and actions of Congress and the President, unconstitutional.
the constitution limits the power of government by making explicit grants of authority.
what are the six major principles of the Constitution?
popular sovereignty, federalism, separation of powers, check and balances, judicial review, limited government
How does the constitutional system of checks and balances support the theory of separation of powers?
The Checks and Balance system is an add-on to the idea of Separation of Powers. Checks and Balances allowed the separate branches to have some control over the other two. It was a way for each branch to be accountable to the others.
Marbury v. Madison
This case decided that the supreme court has the last say on what the constitution means and how it is interpreted. Also, the supreme court has the final say on whether an act of govt. is violating the constitution.
powers stated in the constitution
expressed powers of congress that are numbered 1-18 in Article I, section 8. 5 of the powers deal with economic matters, power to levy taxes, to borrow money, to regulate commerce, coin money and punish counterfeiting; 7 of the powers deal with defense; also they establish post offices and courts; elastic clause- allows congress to expand its powers to solve problems that the founders did not plan for
Necessary and proper clause
Congress can make any law that they think is needed. Alot of times this is a subject of dispute.
McCulloch v. Maryland
Congress can act on nearly any law that will help them achieve the goals in Article I, Section 8.
What right does the final enumerated power give Congress?
The elastic clause allows Congress to expand its powers to solve the problems that the founders could not plan for.
On page 69, at the bottom of the page is a picture of our nations Capitol. Look at the picture and answer the question; What does the US Capitol symbolize to you?
It represents unity because the US started out apart which is the bottom of the domed roof, but through hardships we unified as a country into a point, like the top of the Capitol.
What are the five powers of the president?
Section 2/3 of Article 2-Commander in Chief of the Armed Forces and National Guard; Appoint heads executive departments with consent of Senate; can pardon people convicted of federal crime except for impeachment; can reduce a person; makes treaties with foreign nations with Senate consent; can appoint ambassadors, federal court judges, and other officials with Senate consent
Even though the presidency is the highest governmental position in the nation, does the president have to answer to anyone? In what way?
The president must answer to the Senate by getting consent and advice for different things- like when he is appointing federal officials or making treaties
Why do you think the Framers of the Constitution make the president commander in chief?
he is in charge of the armed forces and can implement strikes against enemies
executive branch employees
mentioned in Article II section 3 where it states that the president will recommend congress "such measures as he shall judge necessary and expedient..."
"The increase in presidential power has been related to crises, whether domestic or foreign." Do you think this is true cause of the increase in presidential power? Why or why not? If not what do you think caused the increase in power?
I think the president's power increase causes crises because the people are afraid that with to much power, the country could turn into a dictatorship.
List and discuss the three methods in proposing an amendment to the Constitution?
2/3 vote in the house and senate, 2/3 vote of the states to ask congress to call a convention, balance budget-federal spending cannot exceed its income.
What is the only method successfully used to propose an amendment to the Constitution?
2/3 vote from the House and Senate
federal spending cannot exceed its income.
Why do you think the method of ratifying by special state constitutional conventions has rarely been used?
it gave the people direct voice in the amending process
Why would Congress want to set a time limit on how long states have to ratify an amendment?
so that the amendment can have set goal of how many votes they need in a certain amount of time
List and discuss the "Indirect Ways the Constitution Changes."
changes through law-as the nation expanded there were more laws and rules added on to apply to present day America
changes through practice-congress shapes the way we use the its powers
to accuse a federal official
agreement between nations
How have actions of presidents affected the interpretation of the Constitution?
the powers of the president and the working of the executive branch
agreements between heads of states, not their nations
believe that the Court should avoid taking the initiative on social and political issues
the Court should actively help settle the difficult social and political questions of the day
How can Congress make informal changes to the Constitution?
social and political conditions allow changes to be made to the Constitution
How have the four informal methods of amending the Constitution affected the executive branch?
the modern presidents are aggressively requesting legislation from Congress
Do you think the Founders were correct in allowing the Constitution to be amended? State your reasons for your position.
they were correct because the constitution should be amended so that it applies to today's situation and not to the situation that was taking place when it was written.
1st, 9th, 2th, 4th, 5th, 6th, 7th, 8th, 9th
1st , 3rd, 5th, 6th
Structure and Powers of Government
10th, 6th, 7th, 10th
government can not censor information before it is published or broadcast
a reasonable basis to believe a person or premises are linked to a crime.
orders signed by a judge describing the place to be searched for specific items, or else naming the person to be arrested for a specific crime
due process of law
government must follow constitutional procedures in all actions against individuals
the power of government to take private property for public use
a nickname for a specific group of officials because they were ineffective