Gov (bill of rights) vocab

Article

One of the seven main divisions of the body of the Constitution.

Due process of law

The principle found in the 5th and 14th Amendments stating that the government must follow proper legal procedures in trials and actions against individuals.

Elastic clause

The provision in Article I, Section 8 of the Constitution that gives Congress the right to make all laws 'necessary and proper' to carry out its expressed powers.

Eminent domain

The power of the government to take private property for public use, typically accompanied by just compensation.

Enumerated powers

The powers granted to Congress that are specifically itemized and numbered in the Constitution.

Executive agreement

A pact made directly between the President and the head of a foreign state that does not require Senate ratification.

Expressed powers

Powers directly and explicitly stated in the Constitution for any branch of government.

Federalism

A system of government in which power is divided and shared between national, state, and local governments.

Implied powers

The authority of the federal government that goes beyond its expressed powers, reasonably deduced from the Constitution.

Judicial activism

The philosophy that the courts should play an active role in shaping national public policies and addressing social issues.

Judicial review

The power of the Supreme Court to declare legislative acts or executive actions unconstitutional.

Judicial restraint

The philosophy that the courts should avoid taking an active role in policy making and defer to the elected branches.

Jurisdiction

The legal authority of a court to hear, decide, and rule on certain cases.

Probable cause

A reasonable basis and sufficient evidence to believe that a person or premise is linked to a crime.

Search warrant

An order signed by a judge describing a specific place, time, and items to be officially searched and seized.

Supremacy Clause

The constitutional provision stating that the Constitution, federal laws, and treaties constitute the supreme law of the land.

Treaty

A formal agreement between the governments of two or more countries that requires formal Senate approval.

Veto

The formal rejection of a bill passed by Congress by the executive branch.