U.S. Constitution Vocabulary

Flashcards covering vocabulary terms and definitions from a lecture on the United States Constitution.

Bicameralism

A type of legislature divided into two separate assemblies, chambers, or houses.

Unicameralism

A type of legislature in which all members deliberate and vote as a single group.

Connecticut Compromise

An agreement that Congress would be composed of a Senate (equal representation) and House of Representatives (proportional representation).

New Jersey Plan (Paterson)

Proposed equal representation for states in the legislature (Senate).

Virginia Plan (Randolph)

Proposed proportional representation for states in the legislature (House of Representatives).

Reapportionment

The process by which Congress allocates a number of representatives to each state based on the census.

Redistricting

Process by which state legislatures redraw the state boundaries of congressional districts based on the number of seats allocated by Congress.

Gerrymandering

Redistricting for political purposes, such as creating safe seats or undermining a party.

Writ of Election

A writ issued ordering the holding of an election.

Impeachment (House of Representatives)

The House has the sole power to bring charges of impeachment against federal officials.

Impeachment (Senate)

The Senate holds the trial for impeached officials.

Constituents

A body of voters in a specified area who elect a representative to a legislative body.

Censure (House of Representatives)

Requires a ⅔ majority to censure or remove a House member.

17th Amendment

Senators are now directly elected by the people, rather than chosen by state legislatures.

President Pro Tempore

An officer of the Senate who presides over the chamber in the absence of the vice president, typically the most senior member of the majority party.

Filibuster

A political procedure in which one or more members of a legislative body prolong debate on proposed legislation so as to delay or entirely prevent a decision.

Cloture

A procedure to allow a three-fifths (60) majority to end a filibuster/end debate on a bill.

Quorum

The minimum number of members of a deliberative assembly necessary to conduct the business of that group (50% + 1).

Veto

When the President sends a bill back to congress (congress can override with a ⅔ majority in both the house and senate)

Pocket Veto

When the President does not sign a bill while congress is not in session, the bill dies at the end of the 10 days.

Line Item Veto

A special form of veto power that authorizes a chief executive to reject particular provisions of a bill enacted by a legislature without vetoing the entire bill.

Enumerated Powers

Powers specifically listed in the Constitution that Congress possesses.

Implied Powers

Powers not explicitly listed in the Constitution but are necessary and proper to execute the enumerated powers.

Imposts

A general tax(head tax, everyone pays the same amount)

Excises

Sales tax

16th Amendment

Congress is allowed to issue an income tax.

Patent

An exclusive right granted for an invention.

Copyright

The legal right of the owner of intellectual property. The right to copy.

Federal Judiciary Act of 1789

Established the structure and jurisdiction of the federal court system and created the position of attorney general and established the federal court system separate from individual state courts

Commerce Compromise

Regarding the slave trade: Congress would be forbidden to impose a duty of more than $10 a head on imported slaves, and it would have no authority to stop the slave trade for twenty years(1808).

Writ of 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.

Bill of Attainder

An act of a legislature declaring a person, or a group of people, guilty of some crime, and punishing them, often without a trial.

Ex Post Facto Law

A law that retroactively changes the legal consequences of actions that were committed or relationships that existed, before the enactment of the law.

Appropriate

Line out how much to spend for what(tax dollars)

Qualifications for President

35 years old, 14 years a resident, natural born citizen

22nd Amendment

Limited the president to two terms or 10 years

Electoral College

A body of electors chosen by the states to elect the president and vice president.

Electors

There are 538 electors( number of senators + the number of House of Representatives)

270

The number of electoral votes needed to win the presidency.

12th Amendment

Each elector must cast distinct votes for president and vice president, instead of two votes for president.

Designated Survivor

A member of the cabinet eligible to succeed to the presidency who is instructed to be absent from a gathering attended by the president and other potential successors.

25th Amendment

Deals with presidential succession and disability.

Commander in Chief

The President is the Commander in Chief of the armed forces

War Powers Act (1973)

If US forces are needed, immediate action from the president to react remains but if they need to be sent away for more than 2 months then congress must approve.

Executive Agreement

An international agreement made by the executive branch of the US government without ratification by the Senate.

Reprieve

Stays on record but does not need to serve sentence

Pardon

Legal forgiveness and no record

Commutation

Less time served

Amnesty

A pardon for a group of people

State of the Union Address

President delivers every January to joint session to lay out agenda for what issue congress should discuss.

Take Care Clause

Requiring the President to take Care that the Laws be faithfully executed.

Jurisdiction

The right to handle a case.

Original Jurisdiction

Power to hear a case first, where it originated

Appellate Jurisdiction

They cannot hear the case first, only appeals

Civil Court

Deals with liability

Criminal court

Deals with guilt and innocent

Grand Jury

16-23 members hear charges and weigh to see if there is enough evidence to charge

Petit Jury

6-12(always 12 in federal courts) members weigh evidence to determine charge

Writ of Certiorari

This is a request that the Supreme Court order a lower court to send up the record of the case for review.

Rule of Four

4 justices must move to accept case -> it will be heard by Supreme Court

Amicus Curiae

An individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case.

Judicial Review

Power of the court to say a law/action of the president unconstitutional

Marbury v. Madison

A landmark case that established the principle of judicial review in the United States.

Judicial Restraint

Philosophy where judges are hesitant to overturn precedents and laws

Judicial Activism

Philosophy where judges are not hesitant to overturn precedents and laws

Strict construction

A form of judicial interpretation of a statute. The text of a provision in a statute should be applied as it is written

Loose Construction

A broad interpretation of a statute or document by a court.

Supremacy Clause

If a state law clashes with a federal law, the federal law prevails.

Full Faith and Credit Clause

States must respect other states’ judgments such as public acts, records, and judicial proceedings

Privileges and Immunities Clause

States cannot discriminate against people from other states

Extradition

If someone commits a crime and flees to another state/commits a crime in another state and gets arrested, then the governor can extradite prisoners back to their home state

Guarantee Clause

Republican form of government & Congress protect states from domestic violence