gov unit 2

A collection of vocabulary terms covering the foundational principles, articles, powers, and landmark Supreme Court cases of the US Constitution.

Popular sovereignty

The principle that the government is created by the people and exists for the people.

Article I

The section of the Constitution that establishes the legislative branch, consisting of the House of Representatives and the Senate.

Article II

The section of the Constitution that establishes the executive branch, including the President and various agencies.

Article III

The section of the Constitution that establishes the judicial branch and the federal court system.

Judicial review

The power of the courts to decide whether legislation or executive actions are constitutional, serving as a check on the other branches.

Federalism

A system of organizing the states into one country where power is shared between the state governments and the central government.

Separation of powers

The division of government into judicial, legislative, and executive branches to limit power through a system of checks and balances.

Article VI

Establishes the Constitution as the supreme law of the land, regulating government powers and stating that government power comes from the people.

Writ of habeas corpus

The right of an accused person to be brought before a judge and be officially charged.

James Wilson

A drafter of the US Constitution who served on the Committee on Detail and advocated for a strong central government based on checks and balances.

Roger Sherman

The individual who proposed the Great Compromise to balance the interests of small and large states.

John Jay

A co-writer of the Federalist Papers who advocated for constitutional ratification and a strong centralized government.

George Mason

A figure pivotal in the adoption of the Bill of Rights who supported states' rights and sought to limit federal control over states and citizens.

Expressed powers

Powers of the federal government explicitly listed in the Constitution, such as raising taxes, declaring war, and coining money.

Necessary and proper clause

The constitutional source of implied powers, the extent of which remains a subject of debate.

Reserved powers

Powers specifically withheld from the national government and given to the states by the $10\text{th}$ Amendment.

Concurrent powers

Powers shared by both state and federal governments, such as passing laws, creating courts, and collecting taxes.

Supremacy clause

A clause stating that state law is inferior to federal law and that states cannot alter laws written in the Constitution.

Senate

A house of Congress with equal representation ($2$ senators per state) serving $6$ year terms; members must be at least $30$ years old and a citizen for $9$ years.

House of Representatives

A house of Congress with representation based on population, where members serve $2$ year terms and must be at least $25$ years old and a citizen for $7$ years.

Bills of attainder

Legislative acts that punish citizens without a trial, which Congress is prohibited from passing.

Ex post facto laws

Laws that apply to past situations, which are banned by the Constitution.

Electoral College

The process for choosing the President, which involves the popular vote determining the distribution of electors who then vote for the President and Vice President.

Commander in Chief

Refers to the President's role as the leader of the military, though they cannot declare war without approval from Congress.

Pardons

The President's power to grant legal forgiveness to criminals, which only applies to federal laws and does not apply to impeached officials.

Impeachment

The process of formally accusing an elected official of misconduct in office; historical examples include Andrew Johnson ($1868$), Bill Clinton ($1998$), and Donald Trump ($2019$, $2021$).

Original jurisdiction

The authority to hear a case for the first time, applied to cases involving federal laws, the Constitution, the US as a party, or disputes between states.

Appellate jurisdiction

The authority to appeal a case from a lower court, with the Supreme Court acting as the court of last resort.

Erie doctrine

Derived from Erie Railroad Co v. Tompkins ($1938$), it states that cases not following federal law must follow state law.

Rooker-Feldman doctrine

A rule derived from cases in $1923$ and $1983$ stating that cases lost in state court cannot be appealed to a lower federal court, only to the US Supreme Court.

Treason

The only crime specified in the Constitution, narrowly defined as fighting a war against the US or helping its enemies.

Full faith and credit

A clause in Article IV requiring states to fully respect the laws and records of other states.

Privileges and immunities

A clause in Article IV requiring states to recognize the fundamental rights of citizens from other states and prohibiting discrimination against them.

Amendment process

The process described in Article V where an amendment must pass by a $\frac{2}{3}$ vote in both houses of Congress and be approved by a $\frac{3}{4}$ vote of the states.

Marbury v. Madison ($1803$)

The Supreme Court ruling that established judicial review by declaring the Judiciary Act of $1789$ unconstitutional.

McCulloch v. Maryland

A landmark case that established the federal government's implied powers and confirmed that states cannot interfere with federal government activities through taxation.

Commerce clause

A provision in the Constitution giving Congress the power to regulate interstate commerce, as seen in the decision of Gibbons v. Ogden.