AP GOV: The Living Constitution (Terms)

Natural Law

God’s or nature’s law that defines right from wrong and is higher than human

law.

Separation of Powers

Constitutional division of powers among the legislative, executive, and

judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law.

Checks and Balances

Constitutional grant of powers that enables each of the three branches of

government to check some acts of the others and therefore ensure that no branch can dominate.

Divided Government

Governance divided between the parties, especially when one holds the

presidency and the other controls one or both houses of Congress.

Direct Primary

Election in which voters choose party nominees.

Initiative

Procedure whereby a certain number of voters may, by petition, propose a law or

constitutional amendment and have it submitted to the voters.

Referendum

Procedure for submitting to popular vote measures passed by the legislature or

proposed amendments to a state constitution.

Recall

Procedure for submitting to popular vote the removal of officials from office before the end of their term.

Marbury V Madison

A landmark case in United States law and the basis for the exercise of judicial review in the United States, under Article Three of the United States Constitution. The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed as Justice of the Peace in the District of Columbia by President John Adams shortly before leaving office, but whose commission was not delivered as required by John Marshall, Adams's Secretary of State. When Thomas Jefferson assumed office, he ordered the new Secretary of State, James Madison, to withhold Marbury's and several other men's commissions. Marbury and three others petitioned the Court to force Madison to deliver the commission to Marbury. The Supreme Court denied Marbury's petition, holding that the statute upon which he based his claim was unconstitutional.

Judicial Review

The power of a court to refuse to enforce a law or a government regulation

that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.

Writ of Mandamus

Court order directing an official to perform an official duty.

Impeachment

Formal accusation by the lower house of legislature against a public official, the first step in removal from office.

Executive Order

Directive issued by a president or governor that has the force of law.

Executive Privilege

The power to keep executive communications confidential, especially if

they relate to national security.

Impoundment

Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated.