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H. Gov't Chp 3
Magruder's American Gov't Book. Chp 3: The Constitution
| Question | Answer |
|---|---|
| Length of constitution and what it largely deals with | Very brief- around 7,000 words. Deals with matters of basic principals |
| Preamble | Short intro to Constitution "We the people of the United States, in order to form a more perfect union... |
| Articles | 7 numbered sections |
| First 3 articles | Legislative Barnch, Executive Branch, Judicial Branch |
| What is important about order of first 3 articles? | In order of importance to founders |
| Article 4 | States and their relationship to the nation gov't and each other |
| Article 5 | Formal amendments |
| Article 6 | Declares Constitution as nation's supreme law |
| Article 7 | Ratification of Constitution |
| Article 1, Section 8, Clauses 1-17 | Expressed Powers of Gov't Ex: Coin money, regulate trade, raise and maintain armed forces, declare war, govern US territories and admit states, conduct foreign relations |
| A 1, S 8, C 3 | Commmerce Clause- "To regulate Commerce with foreign Nations, and among the several states, and with Indian tribes" |
| A1, S8, C 18 | Elastic clause (Necessary and proper clause) |
| 6 Basic Principles of Const | the Pope Limits Sending Cats Just for Fun (Pop Sov, Limited Gov't, Checks and Balances, Judicial Review, Federalism) |
| Popular Sov | All political power resides in people |
| Limited Gov't | Gov't may only do what people give it power to do (Negative liberty) |
| Constitutionalsim | Gov't must be conducted according to Constitutional Principles |
| Rule of Law | Gov't and its officials always still subject to law |
| Seperation of Powers | Power distributed into three distinct and independant branches |
| Legislative Branch's duty | To make laws |
| Executive Party's Duty | Law-executing, law-enforcing, law-administering |
| Judicial Branch's Duty | Interpret and apply laws of US |
| Checks and Balances | Each branch is subject to a number of constitutional checks by other branches Ex: President can veto act of Congress but Congress can overide veto with 2/3 vote in each house. Senate can impeach president |
| Judicial Review | Power of courts to determine whether act of gov't is Constitutional.; established in 1803 with Marbury v Madison |
| Federalism | Division of power among central, state and local gov'ts |
| How has the Constitution been able to change with times? (2 ways) | 1. Amendment 2. Informal Means |
| Amendment | Change in written words of Constitution |
| How many methods are there for formal amendment? | 4 |
| 1st Method of Formal Amendment | Proposed by 2/3 vote in each house of Congress and ratified by 3/4 of State legislatures |
| Most common way of amending? | Number 1 (26 out of 27 amends) |
| 2nd Method of Fromal Amend | Proposed by Congress and then ratified by conventions in 3/4 states. (Only 21 done in this way) |
| 3rd Method of FA | Proposed by national convention, called by Congress at request of 2/3 of senate |
| 4th Method of FA | Proposed by a national convention and ratified by conventions in 3/4 states (Constitution pretty much done this way) |
| Why do some people disagree with state legislators being used to amend? | Not voted into office because of stand on proposed amendments |
| Hawke v Smith | State cannot require an amendment to be voted on by people before it can be ratified by state legistlator |
| Kimble v Swackhamer | State legislator can call for advisory vote by people |
| Does an amendment have to be approved by the president? Why/why not? | No. It is not making a law |
| Are states bound by rejection of a proposal? | No. It may later reconsider a ratified proposal. However, opposite does not work |
| Why do most amendments die at state level? | Deadlines |
| Bill of Rights | 1st 10 amendments |
| Constitutional Change in other ways (5) | Basic legislation by Congress, Key decisions in Supreme Court, Actions of President, activities of political parties, custom |
| Const Change through Basic Legislation | Congress adding flesh to Constitution's bones |
| Example of Const Change through Basic Legislature | Judiciary Act of 1789- Cong established first US Judiciary (not including SC) all federal courts (except Supreme) created by acts of Congress from here on |
| Const Change through Executive Action | Executive agreements; undeclared wars |
| Executive Agreement | Pact between President and other head of foreign state. |
| How is an executive agreement different from a treaty? | EA between heads of state, while treaty is between states; EA need not be approved by Senate |
| Party Practices | Political Parties not in Constitution but still played a major role in shaping gov't processes |
| Example of Part Practices | Nomination of presidential candidates; electoral college |
| Custom | Simply always been done, despite never really being written |
| Examples of Const Change by Custom | Cabinet, transition upon death of pres to vp (until made formal in 1967 saying that powers not office could be passed), Senatorial Courtesy (Senate only approves presidential candidates approved by senator(s) from their own state), 2 term pres until 1951 |
Created by:
rachael94
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