Brown’s Basics: U.S. Government Principles & Constitutional Law

Law

Rules made and enforced by the government that control behavior in society.

Rule of Law

Everyone must follow the law, including government officials. No one is above the law.

Limited Government

The government only has the powers given to it by the Constitution.

Federalism

Power is divided between the federal (national) government and state governments.

Separation of Powers

Government power is divided among the 3 branches: Legislative, Executive, and Judicial.

Checks and Balances

Each branch has powers that can limit the other branches.

Legislative Branch

Makes laws; Congress.

Executive Branch

Enforces laws; President.

Judicial Branch

Interprets laws and decides if laws follow the Constitution; courts.

Constitution

The highest law of the United States; sets up the government and its limits.

Amendment

A change or addition to the Constitution.

Bill of Rights

The first 10 amendments, protecting basic individual rights.

Supremacy Clause

The Constitution and federal laws are the supreme law of the land.

Necessary and Proper Clause

Gives Congress power to make laws needed to carry out its constitutional powers.

Elastic Clause

Another name for the Necessary and Proper Clause because it allows Congress's powers to 'stretch' when needed.

Judicial Review

The power of courts to decide whether a law or government action is constitutional.

Constitutional

Follows the Constitution.

Unconstitutional

Conflicts with the Constitution.

Criminal Law

Law dealing with crimes and punishment.

Criminal Case

Government vs. defendant.

Civil Law

Law dealing with private rights and disputes, such as contracts or injuries.

Civil Action

A noncriminal lawsuit used to enforce a right or fix a wrong.

Plaintiff

Person who brings a civil lawsuit.

Defendant

Person being sued or charged.

Prosecutor

Government attorney who brings a criminal case.

Felony

Serious crime punishable by more than 1 year in prison.

Misdemeanor

Less serious crime punishable by 1 year or less in prison.

Beyond a Reasonable Doubt

Criminal proof standard; the evidence must leave no reasonable doubt about guilt.

Preponderance of the Evidence

Civil proof standard; one side's evidence is more convincing than the other side's.

1st Amendment

Speech, religion, press, assembly, petition.

2nd Amendment

Right to keep and bear arms.

3rd Amendment

No forced housing of soldiers.

4th Amendment

Protection from unreasonable searches and seizures.

5th Amendment

Rights of accused people; due process; cannot be forced to testify against yourself.

6th Amendment

Rights in criminal trials; lawyer, jury, speedy/public trial.

7th Amendment

Jury trial in certain civil cases.

8th Amendment

No excessive bail/fines or cruel and unusual punishment.

9th Amendment

People have rights beyond those specifically listed.

10th Amendment

Powers not given to federal government belong to states or the people.