United States Legal Systems (PHR 915)

Vocabulary flashcards covering federalism, branches of government, statutes vs regulations, state and local government, and the legislative process based on lecture notes.

Federalism

Shared power between national and state governments; states have independent authority but are subject to federal authority where powers overlap.

Enumerated (Express) powers

Powers explicitly granted to the federal government in the Constitution, especially Article I, Section 8.

Implied powers

Powers not expressly stated but inferred as necessary to execute enumerated powers, derived from the Necessary and Proper Clause.

Necessary and Proper Clause

Clause in Article I, Section 8 authorizing Congress to make laws needed to execute its enumerated powers.

Statute

A law enacted by a legislative body (federal or state).

Regulation

A rule issued by a federal agency to implement and interpret statutes.

Statutes vs Regulations

Statutes are laws passed by legislatures; regulations are agency rules that implement those statutes.

Legislative Branch

Branch of government that makes laws, consisting of the House of Representatives and the Senate.

House of Representatives

435 members, proportional to population, 2-year terms; led by the Speaker of the House.

Senate

100 senators (2 per state), 6-year terms; Vice President is President of the Senate and can cast a tie-breaking vote.

Speaker of the House

Leader elected by Representatives to preside over the House and guide legislative agenda.

President of the Senate

Vice President of the United States; can cast the deciding vote in a tie.

Legislative process

Process for a bill to become law: introduction, committee review, floor votes, presidential action, and potential veto override.

Pocket veto

Presidential veto when Congress adjourns within 10 days and the President takes no action.

Veto override

Congress can override a presidential veto with a two-thirds majority in both houses.

Executive Branch

Branch led by the President and Vice President; enforces laws, appoints agency heads, conducts diplomacy.

Presidential qualifications

Requirements: at least 35 years old, natural-born citizen, and 14+ years resident in the U.S.

Electoral College

A body of electors apportioned by states to elect the President; electors reflect state population.

Cabinet

Heads of the federal executive departments and the Executive Office of the President.

Department (federal)

Major federal administrative unit headed by a Secretary (e.g., Agriculture, Defense, Education, Energy, Health and Human Services, Homeland Security, etc.).

Judicial Branch

Branch comprising the Supreme Court, district courts, and courts of appeals; guarantees fair trials.

Supreme Court

Highest federal court; justices appointed by the President and confirmed by the Senate; number set by Congress.

District Courts

Federal trial courts with general jurisdiction within each district.

Courts of Appeals

Federal appellate courts that review district court decisions (intermediate appellate courts).

State Government

State-level government with its own constitution and three branches; powers reserved to the states.

Reserved powers / Tenth Amendment

Powers not delegated to the federal government are reserved to the states.

State statutes and regulations

States enact statutes; state agencies enforce them through regulations to implement statutes.

Municipal (local) government

Cities, towns, or counties; provide local services and ordinances; must be authorized by the state and cannot violate higher laws.

Ordinance

Local laws enacted by municipalities or counties; must not conflict with state or federal law.

Ratify amendments

Process by which states approve constitutional amendments; requires approval by a specified number of states.

Supremacy of federal law

Federal law and the Constitution take precedence over conflicting state laws.