BJU American Government Chapter 5 Vocab #2

strict constructionists

those who emphasize the importance of the Constitution's text and believe that any interpretation should be kept to a minimum

broad constructionists

Those who take a broad and sometimes creative approach to constitutional interpretation

necessary and proper clause

Also called the elastic clause; constitutional clause giving lawmakers great leeway in making laws that are "necessary and proper" for the execution of enumerated and implied powers

amendment process

A formal means of adapting the constitution to meet changing needs

proposal

The formal introduction of a constitutional amendment

ratification

The formal approval process of a constitution, constitutional amendment, or treaty

Bill of Rights

The first ten amendments to the Constitution; protects citizens' democratic rights by limiting the power of state and national governments

limited governments

A constitutional principle that limits government to only those powers granted by law

separation of powers

The principle of dividing national power among three different branches of government (the legislative, executive, and judicial branches) to prevent any group or individual from gaining too much control

checks and balances

the principle of keeping each branch of government in check through the power of another branch of government, with the goal of hindering the concentration of power and thus protecting personal liberty

veto

The president's power to oppose a bill passed by Congress by refusing to sign the bill into law

impeachment

The House's power to formally charge top government officials with "treason, bribery, or other high crimes and misdemeanors"; the Senate acts as a trial court for impeachment cases

gridlock

a situation that occurs when one branch of government purposely halts the political process in another branch

judicial review

the judicial branch's power to review the constitutionality of laws passed by the legislative branch and to declare them unconstitutional

Marbury v. Madison

A Supreme Court ruling that established the principle of judicial review of acts of Congress

federalism

1) System in which governmental power is divided into two or more levels, usually a central, national government and component state governments. 2) System in which a nation's power is divided among national, regional, and local governments, which simultaneously assert authority over the people.

popular sovereignty

philosophy of government that asserts that the people are the ultimate source of their government's authority

Preamble

The Constitution's introduction, which explains the Constitution's nature and purpose

legislative branch

The branch of government whose primary function is to make laws

bicameral

Describes a legislative branch of the national government or of a state government that is divided into two separate houses, an upper chamber and a lower chamber

census

Official government count of the United States population, taken every ten years and used to determine the number of representatives for each state

president pro tempore

Honorary position given to the most senior member of the Senate's majority party; serves as elected leader of the Senate when the vice president is absent

quorum

the minimum number of members needed to transact business in the House or the Senate

sergeant at arms

The official in each house of Congress who is responsible for bringing in absent members who are needed to make up a qourum

Congressional Record

The journal, or record, of Congress's daily proceedings

franking privilege

The right of members of Congress to send official mail free of charge

pocket veto

The automatic veto of a bill if the president leaves the bill unsigned for ten days during a congressional adjournment

naturalization

The process by which a foreign-born person gains citizenship

National Guard

The modern version of a militia; state-run military units that serve under the control of the army and air force as support for regular forces abroad

elastic clause

another name for the necessary and proper clause; enlarges the scope of national power and often was used to explain a certain act of Congress

writ of habeas corpus

a court order that forces the authorities who arrest a person to bring that person before a judge and make known the charges against him immediately or else release him

bill of attainder

a bill allowing punishment without a trial

ex post facto law

a law passed and applied to make actions that were not criminal upon occurrence to become criminal and allows harsher punishments than the law allowed at the time of the perpetration of the crime

appropriation

a sum of money allocated by Congress to finance government programs

executive branch

the branch of government that enforces the laws made by Congress

Electoral College

the system used to elect the U.S. president; each state has a number of electors equal to that state's representation in Congress; at least 270 votes are needed to win the presidency

reprieves

presidential grants allowing punishment to be postponed

pardons

the president's power to forgive a crime completely so that the remainder of the convict's sentence is canceled

judicial branch

the branch of government that interprets the laws

original jurisdiction

a court's power to hear a case before any other court can consider the case and make a decision on the case before any other court does

appellate jurisdiction

a court's decision to allow appeals; the case must first be tried in a lower court before this can occur

extradition

legal process of returning a criminal to the state of his crime that he may be tried there

supremacy clause

the clause that states that the Constitution is the highest authority on American law

slander

false oral communication that injures a person's character or reputation

libel

false published statements published that diminish one's reputation or character

grand jury

a jury of regular citizens that consider the prosecutor's case against the accused and try to determine whether or not the accused is guilty or not guilty based on the evidence presented in the court

due process

certain legalities followed to protect the rights of the accused

eminent domain

the right of the government to take private property for the good of the public, while compensating the owner fairly for his property

subpoena

a legal order requiring a person to stand as a witness before a court or a congressional hearing

bail

money held at a court to ensure that the accused will appear in court for their trial

literacy tests

tests that required people to be literate in order to vote

white primaries

restricted candidates and party primaries to whites only

grandfather clauses

provisions made for previous voters so that they would not have to take the literacy tests again

gerrymandering

the reshaping of a district to favor a person or party that controls a state legislature

Prohibition

the forbidding of alcohol consumption or sale in the United States

suffrage

the right to vote

franchise

the right to vote

lame duck

an official who is still in office but has not been reelected; often used with presidents who must finish out their term, but are not reelected

poll taxes

a fee that is paid in order to vote; was used in the South after the Civil War

U.S. Constitution - Article 1

Addresses the Legislative Branch

U.S. Constitution - Article 2

Addresses the Executive Branch

U.S. Constitution - Article 3

Article which Addresses the Judicial Branch

U.S. Constitution - Article 4

Addresses Interstate Relations

U.S. Constitution - Article 5

Addresses Amending the Constitution

U.S. Constitution - Article 6

Addresses Constitutional and National

Supremacy

U.S. Constitution - Article 7

Addresses Ratifying the Constitution