Government Chapter 3 class work

what are two ways that an amendment can be ratified?

-legislatures in three fourths of the state to ratify the amendment. -for each state to call a special ratifying convention.

In what three ways have presidents made informal changes to the constitution?

By the Vice Presidents becoming president, by using executive agreements instead of treaties, and by requesting legislation from congress.

in what two ways does Congress make informal changes to the Constitution?

Congress has passed laws that enlarge or clarify many constitutional provisions, and has also shaped the Constitution by the way it uses it's other powers.

explain how the supreme court can check the power of congress

It can do so by declaring a law that Congress makes to be unconstitutional. This is called judicial review

Describe one way the president checks the congress and one way Congress checks the president.

The President has the power to veto legislation passed by Congress, Congress can override a veto with 2/3 majority

Why is the final enumerated power of Congress called the elastic clause?

The last paragraph of Article I, Section 8 has been taken to authorize an unlimited grant of power by judicial activism.

search warrant

a document that gives police legal authority to search private property

lame duck

an official (especially the president) in the final period of office, after the election of a successor.

Executive agreement

arrangements or compacts the U.S. president makes with foreign leaders or foreign governments

Separation of Powers

division of government powers among the executive, legislative, and judicial branches

due process of law

following established and complete legal procedures

Ratify

formally approved

Which topics do Articles I, II, and III of Constitution cover?

1, The legislature 2, The house and 3, The senate

summarize the each of the amendments in the Bill of Rights

1- Freedom of religion, speech, press, assembly, and petition 2- Right to keep and bear arms to maintain militia 3- no Quartering Act 4- freedom from random searches and seizures 5- right to due process of law, freedom from self-incrimination, and double jeopardy 6- rights of the accused, speedy trail, and public trail 7- right of trail by jury in civil cases 8- freedom from excessive bail, cruel and unusual punishments 9- other rights of the people 10- powers reserved to the states

federal bureaucracy

Cabinet departments. Independent executive agencies. Independent regulatory agencies. Government corporations.

the executive branch

The branch of federal and state government that is broadly responsible for implementing, supporting, and enforcing the laws made by the legislative branch and interpreted by the judicial branch.

Which powers of the president involve foreign nations?

To make treaties, to meet with foreign officials, and to commission all military officers of the United States.

Amendment

a change in the words or meaning of a law or document (such as a constitution) : the act or process of changing the words or meaning of a law or document : the act or process of amending something

Supremacy clause

a clause of the U.S. Constitution that declares the Constitution "the supreme law of the land"

Jurisdiction

a court's authority to hear and decide a case

Treaty

a formal agreement between nations

Enumerated powers

a list of items found in Article I, Section 8 of the U.S. Constitution that set forth the authority of Congress.

Veto

a refusal by the president or a governor to sign a bill

Petition

a request to do something

Checks and balances

a system in which each branch of government is able to limit the power of the other branches

poll tax

a tax levied on someone who wants to vote

Article

a written composition in prose, usually nonfiction, on a specific topic, surrounding an independent part pf a book or other publication

Prior restraint

government action that seeks to prevent materials from being published

president as legislator

his legislative powers are strictly defined by the Constitution and by a system of checks and balances among the executive, legislative and judicial branches of the government.

the judicial branch

includes criminal and civil courts and helps interpret the United States Constitution.

Balanced budget

refers to the budget in which revenues are equal to expenditures

judicial restraint

the concept that a judge should interpret the Constitution according to the Framers' original intentions

Incorporation doctrine

the concept that certain protections of civil rights are essential to the due process of the law

judicial activism

the concept that the Constitution should be interpreted more broadly, as an evolving document, something that subsequent generations can interpret consistent with changing values and circumstances

Federalism

the form of political organization in which power is divided among a central government and territorial subdivisions; in the United States, among the national, state, and local governments

popular Sovereignty

the idea that government is created by and subject to the will of the people

the legislative branch

the part of the United States government that creates laws

Judicial review

the power of the judicial branch to check the power of the legislative and executive branches by declaring their acts unconstitutional

Expressed powers

the powers explicitly granted to Congress by the Constitution

president vs. congress

the president checks congress when he vetoes a bill. Congress can check him if a 2/3 majority votes to override his veto. The president decides what money is needed for each government department He prepares a budget and shows it to Congress.

Impeach

the process of charging officials in the executive and judicial branches with wrongdoing and bringing them to trial

probably cause

the reason for a search or an arrest, based on the knowledge of a crime and the available evidence

eminent domain

the right of a government or its agent to expropriate private property for public use, with payment of compensation.

Summarize the 11th and 12th Amendments

11- overrule court's decision by explicitly removing from federal court jurisdiction all cases in which the citizen of one state sought to sue another 12- split balloting for presidency and vice-presidency

Summarize each of the Civil War Amendments

13- abolished slavery (1865) 14- provides broad definition of national citizenship, overturning Dred Scott case, which excluded African Americans. It requires the states to provide equal protection under the law to all persons within jurisdiction (1868) 15- grants voting rights regardless of face, color, or previous condition of servitude

Summarize the 20th Century Amendments.

16- reserves US government the right to tax income 17- establishes popular voting as process under which Senates are elected 18- denies sales and consumption of alcohol 19- reserves woman's suffrage rights 20- "lame duck", establishing date of term for Congress (January 3) and the President (January 20) 21- details the repeal of 18th amendment 22- limit terms of presidential re-election (only two terms) 23- reserves rights of citizens residing District of Columbia to vote for their own electors for presidential elections 24- citizens cannot be denied suffrage rights when denying payment of poll tax or any other taxes 25- establishes procedures for a successor of the President 26- reserves right for citizens 18 or older to vote 27- denies any laws that vary salaries of Congress members until beginning of next terms of office for Representatives

congress vs. the courts

The president nominates supreme court justices, however, the senate must vote to confirm or accept the president's choices. Congress can deny unsuitable judges the right to sit on the court. the supreme court has the implied power of judicial review, which allows them to determine if an act of congress is unconstitutional.

supreme court vs. the president

The supreme court uses judicial review to declare actions by the president or congress to be invalid if they are contrary to the constitution. The president appoints judges with the Senate's advice and content. He also has the power to issue pardons and reprieves.

How do federal courts help make the meaning of the Constitution clearer?

They do by using Judicial Review

Why are political political parties an important part of American government?

They do this by organizing people's opinions, and making it easier for people to vote representatives.