Studied by 0 people
Looks like no one added any tags here yet for you.
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.
