Government chapter 3 - The Constitution
separation of powers
3 separate but equal branches; each branch has own specific job that other branches can't do
informal
Although the text of the Constitution has changed very little, our understanding of its content has evolved significantly. This process of constitutional change occurs in _________ ways.
V; proposal; ratification
Article __ sets out two methods for the _________ and two methods for the _____________ of constitutional amendments.
federal
By requiring action at both the national and state levels, the formal amendment process reinforces the ________ character of our government.
customs in practice
Cabinet (not mentioned in Constitution). Before 25th Amendment, powers and duties of President went to VP when he died; VP only assumed job rather than be sworn in. Senatorial courtesy - if there's a vacancy in a State, the Senators recommend who the President should appoint if they are in the same party. No third term tradition (broken by FDR so amendment was passed.)
legislative checks on judicial branch
Congress creates lower courts, may remove judges through impeachment; Senate approves or rejects appointment of judges
legislative checks on executive branch
Congress makes laws, creates agencies and programs, appropriates funds to carry out laws and programs, may override veto with 2/3 vote, may remove President through impeachment; Senate approves treaties and presidential appointments
Article VI
Constitution is nation's supreme law, national debts, oath of office
judicial checks on legislative branch
Courts may declare acts of Congress to be unconstitutional
written language
Formal amendments are changes/additions that become part of the ________ _________ of the Constitution itself.
1 - 21st
How many amendments were proposed by Congress and ratified by special conventions?
26
How many amendments were proposed by Congress and ratified by state legislatures?
0
How many amendments were proposed by a national convention and ratified by special conventions?
0
How many amendments were proposed by a national convention and ratified by state legislatures?
Article I
Introduces legislative branch
judicial checks on executive branch
Judges are appointed for life, free from executive control; courts may declare executive actions to be unconstitutional
basic legislation in practice
Judiciary Act of 1789 - creating courts. Congress created departments, agencies and offices because Article II only called for Pres. and VP. 25th Amendment doesn't say if Pres. and VP die. Congress passed laws to address that.
court decisions in practice
Marbury v. Madison set up judicial review. Brown v. Board of Education. Miranda v Arizona. Roe v Wade.
yes
May Congress impose a time limit on the states for considering ratification?
yes; if you say no, you can change. if you say yes, you can't change
May a state consider ratification more than once (i.e. change its mind)?
executive action in practice
Pres. made war without approval of Congress. Executive agreements as opposed to treaties to handle foreign affairs.
executive checks on judicial branch
President appoints Supreme Court justices and other federal judges
executive checks on legislative branch
President may veto legislation, may call special sessions, recommend legislation, appeal to the people
27
The Constitution has been formally amended ___ times.
3; preamble, articles, amendments
The Constitution is a fairly brief document and simply organized into how many parts? What are they?
all states have equal representation, and an amendment cannot be passed to change that
What is the only limit on amendments?
none formally; only persuasion
What role does the President play in the amendment process?
party practices in practice
changed the electoral college. used to be that they would just decide on a President. Changed how we choose our Presidents and how the government works.
federalism
division of power among a central government and several smaller, regional governments
checks and balances
each branch has certain powers with which it can check (restrain) the operations of the other two
our federal system
example of federalism in practice
Marbury v. Madison in 1803
example of judicial review in practice
Constitution limits government's power
example of limited government in practice
voting
example of popular sovereignty in practice
proposed by Congress by a 2/3 vote in both houses; proposed by a national convention called by Congress at the request of 2/3 of the State Legislatures
formal amendment proposal methods
ratified by the state legislatures of 3/4 of the states; ratified by special conventions held in 3/4 of the states
formal amendment ratification methods
Article V
how to amend the Constitution
Article VII
how to ratify the Constitution
Article II
introduces executive branch
Article III
introduces judicial branch
basic legislation
laws passed by Congress that changed the way we read or interpret the Constitution
basic legislation, executive action, court decisions, party practices, custom
methods of informal constitutional change
limited government
no government is all powerful
party practices
political parties change the way the Constitution works
popular sovereignty
political power resides in the people; government governs with consent of the governed
judicial review
power of courts to determine whether what government does is constitutional or not
Article IV
relations among the states (place of U.S. in American Union and with their relationship with National Government and with one another)
distribution of seats in the house, voided the citizenship of anyone accepting any foreign title or other honor, prohibited any amendment relating to slavery, intended to empower Congress to regulate child labor, proclaimed equal rights of women, give D.C. seats in Congress
some examples of proposed amendments that passed Congress but failed to be ratified
custom
something we've always done, out of tradition
executive action
the way Presidents used their offices to expand upon their powers and what they're supposed to do.
court decision
the way the Supreme Court interprets and applies the Constitution.
