Gov HN 2nd Unit Test

Constitution

A guideline for the federal government.

Supreme

The constitution is the highest law of the US.

Preamble

The introduction to the Constitution, describes its purpose as: 'form a union, establish justice, insure domestic tranquility, provide for common defense, promote general welfare.'

Article

The original laws when the Constitution was first created.

Popular Sovereignty

All political power resides within the people.

Limited Government

The government only has the powers that its people give.

Separation of Powers

The judicial, executive, and legislative powers are divided within the 3 branches of government.

Checks and Balances

Each branch in the government interacts with each other to prevent corruption of any one branch of government.

Judicial Review

The judicial branch has the power to deem anything unconstitutional and prevent a governmental act from occurring.

Federalism

The spread of governmental power between the central and local governments.

Constitutionalism

The government's powers is implied by a constitution.

Rule of Law

No one is above the law.

Legislative Power

The power to create laws.

Executive Power

The power to veto laws.

Judicial Power

The power to prevent a government action from being passed if it violates the Constitution.

Veto

Deny an act or bill from being passed.

Appointee

Someone that is selected.

Unconstitutional

Goes against the constitution.

Federalist 78

Alexander Hamilton writes that the interpretation of the Constitution lies in the hands of the judicial branch.

Federalist 51

James Madison describes judicial review as one of the additional precautions against the domination of one branch of government.

Marbury v. Madison

The case that gave the supreme court the power of judicial review.

Amendment

Changes in the written words of the Constitution.

Methods for Amending

Must be Approved by 2/3 in each house of congress and ratified by 3/4 of the state legislatures. Proposed by Congress and ratified by conventions in 3/4 of the states. Proposed by a national convention at the request of 2/3 of the state legislatures, ratified by 3/4 of the state legislatures. Proposed by national convention and ratified by conventions in 3/4 of the states.

Bill of Rights

The first ten amendments that guaranteed basic freedoms for the people, supported by TJ.

Judiciary Act 1789

Established the federal court system as separate from local courts.

Commander in Chief

Role of the president.

Executive Agreement

Pact made by the president directly with the head of a foreign state, don't need to be approved by Senate.

Treaty

Formal agreement between 2 or more sovereign states.

Electoral College

Method of selecting president.

Cabinet

An advisory to the president.

Senatorial Courtesy

If the president nominates someone for a position and at least one senator from that nominee's home state opposes the nomination, the Senate is likely to honor that opposition and reject the nominee.

10th Amendment

Unspecified rights go to the decision of the states.

Expressed/Enumerated Power

Powers explicitly granted by the Constitution.

Delegated Power

Government only has powers that are given to them by the constitution.

Article 1 Section 8

Aka the necessary and proper or the elastic clause. Allows Congress to expand its power for adaptation.

Implied Power

Powers that are not explicitly stated but implied from the expressed powers.

Inherent Power

Rights that any government inherently has just because it exists, does not need to be explicitly mentioned in the Constitution.

Denied Power

Powers that the constitution denies for any government in the US.

Reserved Power

Powers not explicitly mentioned in the constitution goes to the states.

Exclusive Power

Powers exclusive to the national government.

Concurrent Power/Shared Power

Powers that the national and state governments both possess.

Local Government

Governments within states, cities, etc.

Supremacy Clause (Article VI section 2)

Federal Law is supreme.

McColloch v. MD

When the court was first called to settle a dispute between federal and state law in 1819.

Republican government

Representative Government.

National Guard

Military that serves both state and federal government.

"domestic violence"

A pattern of behavior used by someone to establish power and control over another person through fear and intimidation.

Territorial Integrity

The National Government must recognize the legal existence and the physical boundaries of each state.

Enabling Act

An act directing the people of the territory to frame a proposed state constitution.

Act of Admission

An act creating the new state.

Conditions for Admission

Certain conditions set by congress before finally admitting a new state.

Cooperative Federalism

Two separate spheres of power held and exercised by two basic levels of government that have growing cooperation between them.

Grants

Funds that organizations receive that are not expected to be repaid.

Revenue Sharing

When the government gives part of the money it makes from taxes to other areas or branches of government.

Land Grant

Land given to a person, company, or state in exchange for a specific purpose.

Categorical Grant

Grants made for some specific, closely defined purpose.

Block Grant

Grants for broadly defined purposes.

Project/Formula Grant

Grants made to states, localities, and sometimes private agencies that apply for the grants.

Interstate Compact

Agreements among themselves and with foreign states.

Public Act

Laws of a state.

Public Record

Documents such as birth certificates, marriage license, car registration, etc.

Judicial Proceeding

The outcome of court actions.

Full Faith / Credit Clause

The requirement, derived from Article IV, Section I of the Constitution, that state courts respect the laws and judgments of courts from other states.

Williams v. North Carolina

A case related to the Full Faith and Credit Clause.

bonafide

Made in good faith without fraud or deceit.

Extradition

The legal process by which a fugitive from justice in one state can be returned to that state.

Kentucky v. Dennison

The Supreme Court had held that the Constitution did not give the Federal Government any power with which to compel a governor to act in an extradition case.

Puerto Rico v. Branstad

A unanimous Court held that the federal courts can indeed order an unwilling governor to extradite a fugitive.

Privileges and Immunities Clause

No state can draw unreasonable distinction between its own residence and those persons who happen to live in another state.

Printz v. United States

Katz was entitled to Fourth Amendment protection for his conversations and that a physical intrusion into the area he occupied was unnecessary to bring the Amendment into play.