Gov HN 2nd Unit Test

Constitution

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. (banks)

Republican government

Representative Government.

National Guard

Military that serves but state and federal governments.

Domestic violence

When one partner is violent to the other partner.

Territorial Integrity

The federal government must recognize the integrity of each state (borders, legal existence).

Enabling Act

Passed by Congress to require a territory to create a state constitution when it wants admission into the Union.

Act of Admission

Passed by Congress after the state constitution is approved.

Conditions for Admission

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

Cooperative Federalism

When the state and federal governments cooperate to achieve their own separate goals.

Grants

Funds that do not have to be repaid.

Revenue Sharing

When the government shares its revenue gained from taxes with other areas or branches of government.

Land Grant

Land given for a specific purpose.

Categorical Grant

Grants made for some specific purposes.

Block Grant

Grants for broadly defined purposes.

Project/Formula Grant

Grants for specific projects but a detailed formula of how the project will be completed must be provided.

Interstate Compact

Agreements between US states with themselves or foreign states, must be approved by Congress.

Public Act

Laws of a state.

Public Record

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

Judicial Proceeding

Outcome of court actions.

Full Faith / Credit Clause (Article IV, Section I)

State courts must respect the law and judgment of other states.

Williams v. North Carolina

The divorce and marriage of two people were deemed unable to be recognized as their residence in Nevada was not bonafide.

Bonafide

Made in good faith without fraud or deceit.

Extradition

A fugitive that flees from a state must be returned to that state.

Kentucky v. Dennison

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

Puerto Rico v. Branstad

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

Privileges and Immunities Clause

There cannot be different treatment of residents of a state and residents of another state.

Printz v. United States

Ruled that the federal government cannot compel state officials to enforce federal laws as it violates the principles of federalism and states' rights.