Government chapter 3 - The Constitution

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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.


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