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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 |