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AP Class-generated
Chp 2 Living Constitution
Question | Answer |
---|---|
Natural Law | Law that defines right and wrong. Above human law. |
Separation of Powers | System with separate branches amongst which power is divided. The Legislative branch makes the laws, The Executive branch enforces the laws, and The Judicial branch interprets the law. |
Checks and balances | System that gives each branch certain powers that can check the powers of other branches to ensure that no branch of government has more power than the others |
Impeach | The act of accusing a public official of a crime and is the first step to removal from office. Ex- Bill Clinton, Andrew Johnson. Starts with the House of Representatives |
Divided government | Different government branches are controlled by different political parties (Party vs. Party, Ex- House of Representatives is controlled by Democrats, while Senate is controlled by Republicans) |
Electoral college | The body of people who vote for the president. Made up of 538 total people: 100 Senators, 3 votes from the District of Columbia, and 435 votes from House of Representatives |
Primaries (or Direct Primaries) | Election in which voters choose political party nominees before the national election |
Referendums | Proposal or question that is voted on directly by the people |
Judicial review* | The ability for the judicial court to declare a law passed by the legislature unconstitutional (Ex- Marbury v. Madison). An appeal is not a judicial appeal. Ability to enforce checks and balances |
Writ of Mandamus | An order from a court to an official, telling that official they must do their job (Ex- Marbury v. Madison) |
Congressional Elaboration | The ability for congress to elaborate on parts of the constitution and to create new legislation not in the Constitution |
Executive order | Directive used by president or governor (in their state only) that has the force of the law. |
Executive privilege | The ability to withhold information especially if important to national security Ex: UFOs |
Impoundment | The president's ability to stop an agency from spending money given to them by the Congress |
Brown vs. Board of Education = | segregated schools are unconstitutional |
Marbury v. Madison | Reinforced legitimacy of Supreme Court as body that’s able to do review over the other 2 branches. Judicial Review = the process a judge uses to look through laws to make sure they are valid and constitutional, & enforces checks & balances. |
Elements that allow constitution to adapt as society changes | - Judicial Interpretation - What isn’t written we can always amend with legislation (congressional elaboration) - executive privilege/executive order - Customs and Usage Conferences/Debates/Publicity |
How to change/amend the constitution & Process to ratify an amendment | ⅔ of state legislatures need to vote on the change by their legislature or a convention by ⅔ states but needs ¾ of state legislatures to then ratify the legislation |
Unlimited democratic government | A form of government where the power of elected officials are unchecked |
Constitutional democracy | The power of elected officials is limited by a constitution |