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Horsey's Government
terms and definitions for Units 1 & 2
| Term | Definition |
|---|---|
| articles | divisions that separate sections of the Constitution |
| jurisdiction | A court's authority to hear and decide cases. |
| supremacy clause | Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits. |
| amendments | Official changes, corrections, or additions to the Constitution |
| popular sovereignty | A belief that ultimate power resides in the people. |
| federalism | A system in which power is divided between the national and state governments |
| separation of powers | Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law |
| 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 |
| vetoing | rejection of a bill |
| judicial review | Authority given the courts to review constitutionality of acts by the executive/state/legislature; est. in Marbury v. Madison |
| treaty | an agreement between two nations |
| two-thirds | the amount of members in Congress that needs to ratify a proposed amendment for it to pass. |
| appeal | To petition or request to a higher court that it review actions taken in a trial court. |
| executive agreement | A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval. |
| judicial activism | An effort by judges to take an active role in policy making by overturning laws relatively often |
| judicial restraint | A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures |
| impeach | To formally charge a public official with misconduct in office |
| petition | A formal message requesting something that is submitted to an authority |
| proposal | A plan or suggestion put forward for consideration or discussion by others |
| ratified | Approved |
| double jeopardy | Cannot be tried for the same crime twice |
| Bill of Rights | First ten amendments to the Constitution, drafted by Madison, placed limitations of government and protects natural rights. |
| repeal | To cancel an act or law |
| libel | A written defamation of a person's character, reputation, business, or property rights. |
| slander | False charges and malicious oral statements about someone |
| indictment | the act of accusing; a formal accusation |
| grand jury | A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime. |
| eminent domain | Allows the government to take property for public use but also requires the government to provide just compensation for that property |
| due process | (law) the administration of justice according to established rules and principles |
| arrest warrant | A court order, signed by a judge, that authorizes the arrest of a particular person. |
| search warrant | A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence |
| probable cause | (law) evidence sufficient to warrant an arrest or search and seizure |
| Prior restraint | Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional. |
| enabling act | A congressional act directing the people of a United States territory to frame a proposed State constitution as a step towards admission to the Union |
| concurrent powers | Powers held jointly by the national and state governments. |
| supremacy clause | Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits. |
| reserved powers | Powers given to the state government alone |
| inherent powers | Authority claimed by the president that is not clearly specified in the Constitution. Typically, these powers are inferred from the Constitution. |
| elastic clause | Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution. |
| implied powers | Powers not specifically mentioned in the constitution |
| expressed powers | Powers directly stated in the Constitution |
| Delegated powers | Constitutional powers granted solely to the federal government. |