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Constitution of the United States
The foundational legal document of the United States, establishing the framework of government.
Legislative Branch
The branch of government responsible for making laws, primarily composed of the House of Representatives and the Senate.
Amendment 17
An amendment that repealed a portion of Article I regarding the election of Senators.
Necessary and Proper Clause
Grants Congress the power to make all laws necessary and proper for executing its powers.
Elastic Clause
Another name for the Necessary and Proper Clause, indicating its flexibility in allowing Congress to enact laws.
Amendment #10
An amendment stating that powers not delegated to the United States by the Constitution are reserved to the States or the people.
Commerce Clause
Which gives Congress the power to regulate business activities between states.
Civil Rights Act of 1964
Legislation upheld by the Supreme Court using the Commerce Clause to prohibit discrimination in various areas.
Gibbons v Ogden
A landmark Supreme Court case that broadened the definition of commerce and affirmed Congress' authority over interstate commerce.
Supremacy Clause
A clause stating that the Constitution and federal laws take precedence over state laws.
Implied Powers
Powers not explicitly stated in the Constitution but inferred from the Necessary and Proper Clause.
National Government
The central government of the United States, which holds authority over all states.
Interstate Commerce
Economic activity that crosses state lines, which can be regulated by the national government.
Article I
The section of the Constitution that establishes the Legislative Branch.
Bill of Rights
The first ten amendments to the Constitution, guaranteeing individual rights.
Original Constitution
The Constitution as it was originally ratified in 1788, before any amendments.
Mastery of the Constitution
A comprehensive understanding and command of the Constitution, required for success in the course.
McCulloch v Maryland
The Supreme Court case that involved the Supremacy Clause and the Necessary and Proper Clause, where the majority stated that a creation of National Bank was Necessary and Proper and a state could not tax an instrument of the national government.
Express powers
The powers of the Constitution that are specifically granted to the branches of government.
Check and balance on executive branch
Senate approves treaties.
Check and balance on judicial branch
Can propose constitutional amendment to counter Supreme Court rulings.
Bill of attainder
Making a law declaring a person guilty.
Ex post facto
A retroactive law.
Habeas corpus
'Produce the body' means the right to challenge unlawful detention.
Powers denied to the states
No state can enter into a Treaty, Alliance; No state shall without the consent of Congress, lay any Imposts or Duties on Imports or Exports.
Express powers of the president
The president is commander-in-chief; the president has the power to negotiate treaties.
Check and balance on legislative branch
The president has veto power.
Amendment 12
Changed the way we elect our President and Vice-President; they are now elected on separate ballots.
Original jurisdiction
The authority of a court to hear a case in the first instance.
Cases with original jurisdiction
Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a party.
Appellate jurisdiction
The authority of a court to review decisions made by lower courts.
Judicial review
The power to strike down a law or a government regulation that judges believe conflicts with the Constitution.
Marbury v. Madison
The landmark Supreme Court case that established the principle of judicial review.
Check and balance by judicial branch
Judicial review.
Article II
Enforces and implements our laws.
Article III
Interprets our laws.
Article IV
Interstate Relations.
Full Faith and Credit Clause
States that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every state.
Privileges and immunities
Means you cannot be treated differently because you are from another state.
Extradition
Refers to returning someone who committed a felony or another crime back to the state where it occurred.
Amendment #13
Repealed Article IV - Section 2 - Clause 3 through the abolition of slavery.
Article V
Amending Power.
Proposal methods for amending the Constitution
1) 2/3 vote in both houses of Congress; 2) by constitutional convention called by Congress at the request of 2/3 of the state legislatures.
Ratification methods for amending the Constitution
1) ¾ of state legislatures; 2) by ratifying conventions in ¾ of the states.
21st Amendment
The only amendment that was proposed by 2/3 of states and ratified by conventions in ¾ of states.
Article VI
Supremacy Clause, stating that the Constitution is the supreme law of the land.
Article VII
Ratification requires a supermajority of ¾ of the states.
Federalism
The distribution of power between the national and state governments.
Citizenship
All persons born or naturalized...are citizens of the United States - intended to protect the rights of the freed slaves.
Due Process
Nor shall any state deprive any person of life, liberty and property without due process of law.
Equal Protection
Nor deny to any person within its jurisdiction the equal protection of the laws.