BJU American Government Chapter 5

Strict Constructionists (Originalists)

Those who believe that the text of the Constitution is important and that interpretation should be kept to a minimum.

Broad Constructionists (Living Constitutionalists)

Those who take a broader and sometimes more creative approach to constitutional interpretation

Necessary and Proper Clause*

Article I Section 8 Clause 18

Authorizes Congress to make all laws necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the government of the United States.

Gives Congress authority to do its job completely.

Amendment Process

The formal means of adapting the Constitution to meet changing needs.

Proposal

The formal introduction of an amendment - Needs 2/3 vote in both houses of congress or by a special national convention called by 2/3 of the states - only the first method has been used

Ratification

A state level responsibility to formally approve an amendment - Needs 3/4 approval of the state legislatures or 3/4 approval of special state ratification conventions - the second method has only occurred with the 21st amendment - congress chooses the method of approval

Bill of Rights

The first 10 amendments that were added in 1791 and were closely tied to the original ratification effort.

Limited Government

Means that government does not have absolute power but rather is limited to those powers that people have given it through law - a major theme of the US constitution

Separation of Powers

All three branches of have been housed in different buildings and vested with different powers - executive, legislative, judicial

Checks and Balances

Thwarts accumulation of power for any one branch of government and prevents tyranny - can cause the system to be inefficient and result in gridlocks

Veto

Rejection of a bill - Chief executive's power to reject a bill passed by a legislature

Impeachment

The ability to charge the president or federal judges with misconduct in office.

Judicial Review

The judicial branch's power to review the constitutionality of laws passed by the legislative branch or of actions taken by the executive branch - this principle is not spelled out in the constitution -first asserted in 1803 with Marburry versus Madison

Marbury v. Madison

landmark Supreme Court Case of 1803 -

established the concept of judicial review, the idea that the courts may oversee and nullify the actions of another branch of government

Federalism

The division of power between national and state levels of government - came out of the need to balance state and national interests

Popular Sovereignty

The idea that the people are the ultimate source of their government's authority - a general theme of the constitution "We the people ..."

Preamble

Introduces the Constitution by explaining its nature and purpose.

Legislative Branch

primary function is to make laws

House of Representatives and Senate

Bicameral

A legislative system with two houses.

Census

A counting of the population.

President Pro Tempore

Serves as leader of Senate when the vice president is absent - this officer is selected by the majority party

Quorum

The minimum number needed to transact business - this is a simple majority (over 50%) in both houses of congress

Pocket Veto

If the president does not sign a bill and Congress adjourns within ten days, the bill is vetoed automatically.

Naturalization

The process by which a foreignborn person gains citizenship.

Writ of Habeas Corpus

A court order that requires police to bring a prisoner to court to explain why they are holding the person

Ex Post Facto Law

Makes a law retroactive. Acts that were legal when they were committed cannot be made illegal afterward - Article 1 section 9

Appropriation

A certain amount of money set apart for a certain purpose - The passage, by Congress, of a spending bill, specifying the amount of authorized funds that actually will be allocated for an agency's use - this clause Article 1 section 9 gives Congress the "power of the purse"

Executive Branch

Branch of government that enforces the laws

Electoral College

A group selected by the states to elect the president and the vice-president, in which each state's number of electors is equal to the number of its senators and representatives in Congress.

Pardons

Complete forgiveness of a crime and its consequent punishment - the president has the power to do this - Article 2 section 2

Judicial Branch

the branch of government charged with the interpretation of laws

Original Jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

Appellate Jurisdiction

Means that the case must first have been tried in a lower before it can be appealed in a higher court.

Extradition

A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

Slander

Defaming a person verbally

Libel

Defaming a person in writing

Grand Jury

Composed of a panel of citizens who considers the prosecution's case against the accused in a trial.

Due Process

A fair and proper trial before sentencing.

Eminent Domain

Private property can be taken for the public good but has to be paid for.

Subpoena

A document requiring a person to appear in court as a witness.

Bail

Money held by a court to ensure an accused person's appearance at court.

Prohibition

A ban on the manufacture, sale, or transportation of liquor - the period from 1920 to 1933 when the sale of alcoholic beverages was prohibited in the United States by a constitutional amendment

Suffrage / Franchise

The right to vote.

Lame Duck

An official who is still in office but has not been reelected.

Poll Taxes

Small taxes levied on the right to vote that often fell due at a time of year when poor African-American sharecroppers had the least cash on hand. This method was used by most Southern states to exclude African Americans from voting. Poll taxes were declared void by the Twenty-fourth Amendment in 1964.

U.S. Constitution

the oldest written one in still in continuous use -has served as model for many other nations - successful because framers did not over laden it with detail - it provides a framework with minimal structure and guiding principles that has the flexibility to meet the demands of change

House of Representatives

One of the two parts of Congress, considered the "lower house." Representatives are elected directly by the people, with the number of representatives for each state determined by the state's population - each representative is elected to a 2 year term - the head of the house known as the speaker is elected by its members

Senate

100 members, 2 members per state - Members are elected every 6 years - The Vice President is the head of this body, but only votes in the case of a tie.

gerrymandering

The drawing of district boundaries by the state legislature to benefit a party, group, or incumbents. Major types are political & racial

6 Basic principles of US Constitution*

1. limited government - government is limited to only those powers given it by the people through law

2. separation of powers - division of power into separate, but not independent branches

3. checks and balances - ability of one branch to prevent the other branches from becoming too powerful

4. judicial review - power of the judicial branch to review the constitutionality of laws passed by the legislative branch

5. federalism - division of power between national and state levels of government

6. popular sovereignty - the people are ultimate source of their government's authority

How the 3 branches check and balance each other*

-executive checks judicial by appointing judges and granting pardons

-executive checks legislature by suggesting legislation, vetoing bills, and calling special sessions of congress

-judicial checks executive by ruling on the constitutionality of presidential actions and interpreting treaties

-judicial checks the legislature by ruling on the constitutionality of legislative actions and interpreting treaties and laws

-legislative checks the executive by approving treaties and presidential appointments, overriding vetoes, and impeaching and removing officials, including the president

-legislative checks the judiciary by impeaching judges, establishing lower courts, regulating appeals, and setting the number of justices on the supreme court