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Government Chapter 3
Term | Definition |
---|---|
article | one of seven main divisions of the body of the constitution |
amendment | changes to the constitution |
elastic clause | clause in article 1, section 8 of the constitution that gives congress the right to "make all laws necessary and proper" to carry out the powers expressed in the other clauses of article 1 |
enumerated powers | a list of items, found in article 1, section 8 of the constitution, that set forth the authoritative capacity of congress |
jurisdiction | the limits or territory within which authority may be exercised |
judicial review | the power of the supreme court to declare laws and actions of local,state,and national governments unconstitutional |
repeal | to revoke by legislative enactment |
militia | local groups of armed citizens |
probable clause | a reasonable basis to believe a person or premises is linked to a crime |
eminent domain | the power of the government to take private property for public use |
impeach | to accuse a public official of misconduct in the office |
supremacy clause | statement in article 6 of the constitution establishing that the constitution, laws passed by congress, and treaties of the U.S. shall be "Supreme Law of the Land" |
Preamble | introduction to the constitution |
Articles of the Constitution | 7 articles |
Articles 1-3 | covers the 3 branches of power 1- legislative branch 2- executive branch 3- judicial branch |
Article 4 | relationships among States |
Article 5 | amendment process |
Article 6 | national supremacy |
Article 7 | ratification of the constitution |
Structure of Congress | House of Representatives and Senate |
Popular Sovereignty | People are the source of Power |
Republicanism | The people elect representatives to run the government |
Checks and Balances | President can veto but a 2/3 vote from congress can override veto |
Three Branches of Government | legislative, executive, and judicial branch |
Legislative branch | passes laws |
Executive Branch | carries out laws, president |
Judicial Branch | Punishes People that disobey the law |
Enumerated Powers | Power to borrow money, power to tax, regulate commerce, coin money |
Branch that controls the Military | Executive Branch |
Term of Federal Judge | Life |
Court named in Constitution | Supreme Court |
Court Case that established Judicial Review | Marbury V Madison |
Constitutional Amendment | Making a change to the Nations Fundamental or Supreme Law |
Due Process | Guaranteed by the Constitution. States must respect all legal rights that are owed to a person, balances power of law of the land and protects individuals from it. |
Written Constitution | Binds down rulers or people of power and stops them from creating unjust laws and policies |
Ways to Propose an Amendment | 2 ways |
Ways to Ratify an Amendment | 2 ways |
Amendment Process | It is not easy |
Federalism | The power to govern is divided between national and state governments |
Federalism and State Governments | Allows states to ratify amendments, manage public safety and health, oversee trade in the state. Shared Powers: making/enforcing laws, making taxes, and borrowing money |
States: 3 Branches of Government | All States have 3 branch of Government |
States: bill of rights | Yes, all states constitutions have a bill of rights |
interpretation of states constitution | the people and its courts |
1st amendment | RAPPS |
2nd amendment | right to bear arms |
3rd amendment | forbids quartering of soldiers |
4th amendment | limits searches and warrants |
5th amendment | due process, double jeopardy, protects against self incrimination |
6th amendment | right to a lawyer, right to speedy and public trial |
7th amendment | right to a jury in civil cases |
8th amendment | forbids "cruel and unusual punishment" |
9th Amendment | Catch all amendment |
10th amendment | powers not given to national government reserved for state government |