CP Government Chapter 3/4

Checks and Balances

The system of overlapping powers among judicial, executive, and legislative branches to allow each branch to oversee the actions of the others.

Powers Denied to States

-Cannot enter treaty agreements -Cannot coin money -Cannot establish post offices -Cannot declare war

Five ways to informally amend the Constitution?

-Passage of basic legislation by Congress. Congress passes laws to help add detail and meaning to the Constitution.(Judiciary act, federal courts set up by acts of Congress) -Actions by the President. President can use powers to makes informal amendments w/o consent.(President can declare w/o Congress b/c he is Commander in Chief of armed forces) -Supreme Court Decisions. Interpret and apply the Constitution where they feel necessary.(Marbury V. Madison, supreme court declared law unconstitutional) -Party Practices, Representatives are selected and cast the formal vote for the people.(Citizens vote for pres. in each state and rep. casts the formal vote for each state) -Customs, Unwritten standards that take place in our governmental system.(Heads of the 14 exec. depts. make up the Cabinet)

Examples of Checks and Balances

-President can veto laws passed by congress -Congress can overrule presidents veto by 2/3 vote -Judicial can declare laws passed congress and signed by the president unconstitutional -President nominates members of supreme court and all federal judges

Reserved Powers to the State

-Regulate intrastate commerce -Issue licenses (driving, hunting, marriage) -Conduct elections -Establish local governments

Concurrent Powers

-Setting up courts -Borrowing money -Eminent Domain -Spending money for betterment of the general welfare

Cabinet

Advisory council for the president consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president.

Informal Amendment

A change made in the Constitution not by actual written amendment, but by the experience of government under the Constitution.

Executive Agreement

A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval.

Electoral College

A group of people named by each state legislature to select the president and vice president.

Federalism

A system of government in which a written constitution divides power between a central, or national, government and several regional governments.

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Judicial Review

Authority given the courts to review constitutionality of acts by the executive/state/legislature; est. in Marbury v. Madison

Limited Government

Basic principle of American government which states that government is restricted in what it may do, and each individual has rights that government cannot take away. Government can only do what the people allow it to do.

How amendments provide insight into the eras they were ratified in?

Certain amendments are only relevant to certain eras.

Formal Amendment

Change or addition that becomes part of the written language of the Constitution itself through one of four methods set forth in the Constitution.

Amendments

Changes/additions added to the Constitution or to laws

Order of the Supremacy Clause

City & county ordinances, state statues, state constitutions, acts of Congress and treaties, U.S. Constitution.

Rule of Law

Concept that holds that government and its officers are always subject to the law.

Division of Powers

Constitutional provisions by which governmental powers are divided on a geographic basis (in the US, between the National Government and the States).

Method 1 to formally amend Constitution

First Method -- Amendment is proposed by Congress by a two-thirds vote in both houses, then ratified by three-fourths of the State legislatures (38 of 50)(27 adopted).

Treaty

Formal agreement between two or more sovereign state.

Method 4 to formally amend the Constitution

Fourth Method -- Amendment is proposed at a national convention called by Congress when requested by two-thirds of the State legislatures (34 of 50), then ratified by special conventions held in three-fourths of the States (38 of 50).

Inherent Powers

Inherent powers are those powers that a sovereign state holds.

Preamble

Introduces the Constitution's fundamental purposes and guiding principles.

Articles

Outline the basic organization of each amendment and section of the document, 7 articles.

Six basic principles of the Constitution?

Popular sovereignty, separation of powers, checks and balances, limited government, judicial review, and federalism.

Popular Sovereignty

Power is held within the people and the people are the only source for all and any governmental power.

Veto

Power of the President to reject a bill passed by Congress.

Implied Powers

Powers authorized by a document (from the Constitution) which, while not stated, seem to be implied by powers expressly stated.

Expressed Powers

Powers directly stated in the Constitution

Delegated Power

Powers granted to the National Government by the U.S. Constitution that are implied, expressed, or inherent.

Concurrent Powers

Powers held jointly by the national and state governments.

Reserved Powers

Powers not specifically granted to the federal government or denied to the states belong to the states and the people.

Three parts of the Constitution?

Preamble, Articles, Amendments

Separation of Powers

Principle that the executive, legislative, and judicial powers are divided among three independent and equal branches.

Method 2 to formally amend the Constitution

Second Method -- Amendment is proposed by Congress by a two-thirds vote in both houses, then ratified by special conventions in three-fourths of the States (38 of 50)(Only repeal of prohibition, i.e., 21st Amendment adopted in this fashion).

Rights established in the first ten amendments?

The Bill of Rights which guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and reserve some powers to the states and the public.

Method 3 to formally amend the Constitution

Third Method -- Amendment is proposed at a national convention when requested by two-thirds of the State legislatures (34 of 50), then ratified by three-fourths of the State legislatures (38 of 50).