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AP Class-generated

Chp 2 Living Constitution

QuestionAnswer
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
Created by: LKougemitros