How to Read the Constitution and Why Terms Ch 1-4

Federalism

Federalism

sharing powers between sovereigns

Miranda warnings

Warnings that police must read to suspects prior to questioning that advises them of their rights.

ratification in 1787, additions in 1791 (Bill of Rights)

right to bear arms freedom or religion etc

Statute

separate source of law (then constitution or courts) that allow ppl to file a lawsuit to enforce their constitutional rights against a state official.

separation of powers

principal behind the structure of the united states government. It makes sure one branch of government is not hierarchical

checks and balances

foundational tenet. Each branch supervises the other two branches.

Branches: Legislative, Executive, Judicial

the three branches of government. See pg 41 for chart

Necessary and Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

separation of church and state

the situation in which the government may not favor any religion or establish an official religion

Direct Democracy

A form of government in which citizens rule directly and not through representatives

use-it-or-lose-it concept

one must continually engage in and practice an ability or risk losing it.

implied powers

powers that the constitution gives to act on (or not)

vesting clause

the president's constitutional authority to control most executive functions and grants authority to the main branches of government (its exclusive job description)

impounded

take legal custody of or seize

Congressional power to tax and spend

originally government had no powers to tax or spend but the constitution allowed it to lay and collect taxes, duties, etc pg 64

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

squishy language

not concise and solid language

Emoluments Clause

It prohibits any "Person holding any Office of Profit or Trust under [the United States]" from accepting "any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."

Impeachment

Charges against a president approved by a majority of the House of Representatives

"executive" power

power to execute laws

grand jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.

Take Care Clause

The constitutional requirement (in Article II, Section 3) that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws.

DREAM Act (Development, Relief, and Education for Alien Minors)

An act that protected US born children that are vulnerable to deportation

POTUS (abbreviation)

President of the United States

Agencies

An organization, company, or bureau that provides some service for another

regulation

a rule or directive made and maintained by an authority.

executive order

a rule or order issued by the president to an executive branch of the government and having the force of law.

Appointments Clause

The President may nominate, and with Senate approval appoint, all federal officials

Pardon Power

Power of the president to forgive a federal offense without penalty or grant release from a penalty already imposed. Based on kingly power to intervene in judicial process in exceptional cases.

Commander in Chief

term for the president as commander of the nation's armed forces

War Powers Resolution

A law passed in 1973 spelling out the conditions under which the president can commit troops without congressional approval.

Treaty v. Executive Agreement

The President needs Senate approval for a treaty but not for an executive agreement

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

state courts v. federal courts

The United States has a dual court system. State courts are established by the laws of each state and have broad jurisdiction. These courts can hear cases on everything ranging from criminal matters to family law disputes. In contrast, federal courts are established under the U.S. Constitution and have a much narrower jurisdiction.

trial, appeals, supreme courts

trials: consitution grants trial by jury if you are convicted of a crime Appeals:n law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision Supreme Court:the highest judicial court in a country or state

writ of certiorari

An order by a higher court directing a lower court to send up a case for review

Habeas Corpus

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

Case Law

the rules of law announced in court decisions

Standing law

the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case

originalism v. activism

Originalism is a theory of the interpretation of legal texts, including the text of the Constitution Activism is the policy or action of using vigorous campaigning to bring about political or social change.

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination