Gov. Chapter 4 Vocabulary

Due process

Due process

_____________, guaranteed by the Fifth and Fourteenth amendments to the Constitution, requires that those accused of a crime be given a fair hearing and the chance to defend themselves.

The principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards.

Republican government

The opening paragraph, the Preamble, is a single, long sentence that defines the broad purposes of the _____________ created by the Constitution.

A representative political system in which authority comes from the people and is exercised by elected officials.

Enumerated powers

____________ are those that are specifically listed in the Constitution, such as the power to collect taxes, coin money, and declare war.

Implied powers

_____________ are those that the legislature can claim as part of its lawmaking responsibility.

Necessary and Proper Clause

This _________ is also known as the Elastic Clause, since it can be "stretched" to cover a variety of issues and circumstances.

Elastic Clause

This Necessary and Proper Clause is also known as the ___________, since it can be "stretched" to cover a variety of issues and circumstances.

Habeas corpus

Among these denied powers are the suspension of ___________ and the granting of titles of nobility. _________ is the right of accused persons to be brought before a judge to hear the charges against them.

Jurisdiction

It defined the ___________ of the federal courts, specifying the types of cases that can be tried. It also guarantees the right to trial by jury in criminal cases and defines the crime of treason.

Supremacy Clause

This section, known as the __________, means that federal law supersedes all state and local laws. When laws conflict, federal law reigns supreme.

Eminent domain

It also covers ___________, which prevents the government from taking over private property without just or fair compensation.

Civil case

A ___________, such as a lawsuit, is one that does not involve criminal conduct.

Republicanism

The Constitution supports popular sovereignty through ____________, or the idea that people elect leaders to a governing body of citizens.

Checks and balances

This system of ____________ can be seen in many parts of the Constitution.....

A system in which each branch of government can limit the power of the other branches.

Veto power

Another clause establishes the president's __________ over bills passed by Congress. It says that the president can refuse to sign a bill into law and instead send it back to congress.

Impeachment

The only way to remove a president, other members of the executive branch, or federal judges from office is by ___________. This process requires that a simple majority of House members vote to formally charge, the official with wrongdoing.

Federalism

The fourth guiding principle, ___________, divides power between the central government and the various state governments.

A system of government in which power is divided between a central government and smaller regional governments.

Delegated powers

______________ are those powers granted to the national government. They may be either enumerated or implied in the Constitution. They include regulating immigration, making treaties, and declaring war.

Reserved powers

_____________ are those powers kept by the states. they allow states to set marriage and divorce laws, issue driver's licenses, and establish public schools, among many other things.

Concurrent powers

____________ are those that are shared by the federal government and state governments. Examples include taxation and law enforcement.

Commerce Clause

This clause, known as the ____________, gives the federal government the power to regulate trade across state lines within the United States and to both regulate and tax foreign trade.

Independent judiciary

In other words, an ____________ would protect against abuses of the system by self-interested parties. This principle is found in Article III, which established the judicial branch.

A system of judges and courts that is separate from other branches of government. Not controlled by politicians and can exercise independent judgment.

Original intent

The ___________ of the framers--what they meant or were trying to achieve--when they debated and wrote the Constitution.

Precedent

Court __________, or the past decisions of the supreme court.

Strict construction

On one side of this debate are those who favor _________, or a literal reading of the Constitution.

A literal approach to interpreting the Constitution, using the exact words of the document.

Originalism

Legal scholars often call this approach ___________. It holds that the original language of the Constitution and the intent of the framers must serve as primary guides to judicial interpretation.

Loose construction

On the other side of the debate are those who favor _________, or a flexible reading of the Constitution.

A flexible approach to interpreting the Constitution, taking into account current conditions in society.

Interpretivism

Legal scholars often call this approach ___________. It holds that modern values and social consequences must be taken into account in interpreting the Constitution.

Judicial review

This case, which dates back to the early days of the republic, established the key principle of _____________. This principle grants the Supreme Court the power to declare acts of Congress, the executive branch, and the states unconstitutional.

The power of the courts to declare laws and executive acts unconstitutional. The Supreme Court is the ultimate judge of whether a government action conforms to the Constitution.

Executive privilege

As justification, he claimed ___________. This is the right to keep internal discussions and documents of the White House private.

Popular sovereignty

He added the idea that for a government formed by social contract to have legitimacy, it must be based on ________, or the general will of the people.

The principle that the people are the ultimate source of authority and legitimacy of a government.

Rule of law

In addition, the Magna Carta established the principle of the _________.

The principle that government is based on clear and fairly enforced laws and that no one is above the law.