Government Unit 3
Who decides how much time the states will have to ratify a proposed amendment?
Congress
In what ways are cooperation and conflict among the branches of government valuable to the U.S. system of government?
Cooperation is necessary in order to pass, carry out, and interpret laws. Conflict prevents the development of unsound policy.
Both federalism and the separation of powers divide the powers of government. Compare these two methods of dividing power.
Federalism: state and national levels; separation of powers: three branches of governments.
presidents use executive agreements that do not require the approval of Congress.
In dealing with other nations,
Functions of the president, congress and both
President - execute laws Congress - make laws Both - work together in order for legislation to become effective policy
Equal Rights Amendments
Prohibits discrimination on the basis of gender
One way is for the legislatures in ¾ of the states to ratify the amendment.
The other is for each state to call a special ratifying convention.
Article I, Section 8
The powers granted Congress are expressed
How did the due process clause in the Fifth and Fourteenth Amendments protect individuals?
These amendments prevent government from depriving people of live, liberty, or property without due process of law.
They knew that they could not predict the course of future events and issues
Why did the Founders not spell out every aspect of how the government would function?
Can the Supreme Court's rulings change to reflect the changing condition of the times?
Yes
Treaty
a formal agreement between the governments of two or more counties
Amendments
a part of the constitution that presents a low
Probable Cause
a reasonable basis to believe a person or premises is linked to a crime
Federalism
a system in which power is divided between the national and state governments
Chief justice Earl Warren
accepted cases involving controversial issues of civil rights
Federal bureaucracy
all executive branch employees
Executive Agreement
an agreement made between the two heads of the government
Search Warrant
an order signed by a judge describing a specific place to be searched for specific items
Arrest Warrant
an order signed by a judge naming the individual to be arrest for a specific crime
The seven articles
are the main division in the body of the Constitution, each article covering a general topic.
The amendments
are the third part of the Constitution.
Two methods for amending the Constitution are provided for,
but only one has been used: Congress proposing amendments and the states ratifying them.
These ten amendments originally applied only to the federal government,
but through a series of Supreme Court decisions now apply to state government also.
Congress has shaped the Constitution
by using the powers granted by the legislative branch.
The modern federal court system
dates from 1891, but the Supreme Court exercised important power from the nation's earliest years by using judicial review.
The later amendments, Sixteen through Twenty-seven,
deal with a wide range of topics reflection changes in modern times.
Article V
describes how Congress and the states can change the Constitution.
Article II, Section 2 and 3
describes the specific powers of the president.
The Second Amendment
ensures citizens' rights to own firearms.
Marbury V. Madison
established the precedent for federal courts to rule on the actions of the government
Vice president John Tyler
established the precedent of presidential succession
Bill of Rights
first ten amendments of the Constitution
Elastic clause
gives Congress the right to make all laws
Prior Restraint
government censorship of information before it is published or broadcast
The Sixth Amendment
guarantees accused persons the right to know the charges against them, a defense attorney, a speed jury trial and the right to question all witnesses and comped them to testify.
The expansion of presidential power
has caused conflicts between the executive and legislative branches.
The presidency
has changes greatly over the years, with modern presidents handling so many duties that their schedules are timed minute by minute.
Congress
has the power to limit judicial authority but has been reluctant to use it.
Informal methods of amending the Constitution
have weakened the executive branch.
A popular sovereignty, or rule by the people,
is the cornerstone of the Constitution.
The federalism
is the government's basic structure.
Limited Government by which the Constitution
limits government actions by specifying its powers and listing powers it does not have, retains for the people the rights to govern themselves.
Poll Taxes
money paid in order to vote
The executive and legislative branches
must cooperate to produce effective policies, but some conflicts are inevitable.
The Supreme Court
must depend on the president to carry out its decision.
Impeach
no accuse
Lame Ducks
outgoing officials with little influence that accomplish little
The Thirteenths, Fourteenth, and Fifteenth Amendments
outlawed slavery, prohibited depriving anyone of life, liberty, or property without "due process of law", and prohibited denying the right to vote based on race.
Balance Budget
plan requiring that what the government spends will not exceed its income.
Expressed powers
powers directly stated in the Constitution
Enumerated powers
powers numbered from 1-18, itemized in Article I Sections 8
Due Process of law
principle in the Fifth Amendment stating that the government must follow proper constitutional procedures in trial sand in other actions it takes against individuals
The Eleventh Amendment
prohibits a state from being sued in federal court by citizens of another state.
The Eighth Amendment
prohibits excessive bail and fines and bars cruel and unusual punishment for crimes.
The Third Amendment
prohibits the government from forcing people to provide shelter for soldiers in their homes.
The Fourth Amendment
protects individuals from unlawful searches and arrests without court warrants.
The First Amendment
protects individuals' right to worship, to speak freely, to assemble, and to petition and criticize government.
The Fifth Amendment
protects people charged with a crime grand jury must indict them before the trial; no one found innocent can be retried for the same crime, people cannot be forced to testify against themselves; and no one can be deprived of life, liberty, or property without due process of law.
The Constitution
provides for separate powers among the legislative, executive, and judicial branches.
The Seventh Amendments
provides individuals the right to a trial by jury to settle property disputes, though a judge may try the case if both parties agree.
The Twelfth Amendment
provides that the Electoral College shall cast separate ballots for president and vice president.
The Founders
recognized the need for a strong executive and granted the president broad but vaguely described the powers.
Popular Sovereignty
rule by the people
McCulloch V. Maryland
ruled in favor of a broad interpretation by the Supreme Court
The Ninth Amendment
sates that all powers not spelled out in the Constitution are retained by the people.
The Tenth Amendment
says that all powers not given to the national government or denied to the states belong to the states or the people.
The Preamble
sets forth the goals of the government.
Supremacy Clause
statement in Article VI of the constitution establishing that the Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme Law of the Land."
Congress handles a far greater number of bills today
than Congress did early in our nation's history.
Jurisdiction
the authority of a Court to rule on certain cases
Separation of Powers
the division of power among the legislative, executive, and judicial branches of government.
Montesquieu suggested
the division of powers between" legislative branch, judicial branch, executive branch.
Judicial Restraints
the philosophy that the Supreme Court should avoid taking the initiative on social and political questions.
Judicial Activism
the philosophy that the Supreme Court should play an active role in shaping national policies by addressing social and political issues
Eminent Domain
the power of the government to take private property for public use
Judicial Review
the power of the supreme court to declare laws and actions of local, state, or national governments unconstitutional.
When Congress proposes an amendment,
the states may ratify it by a three-fourths vote of their legislatures or of special ratifying conventions.
The United States has two levels of courts, federal and state, each has its own jurisdiction
the subject of the case and the parties involved determine the jurisdiction of federal courts.
Checks and Balances
the system where each branch of government exercises some control over the others
Although political parties are mentioned in the Constitution
they soon began to organize government and conduct elections; today they play a vital role in government.
Why is the convention method of proposing amendments to the Constitution considered controversial?
A convention is not limited to writing one specific amendment.
Presidents' five powers are:
1) May pardon people convinced of federal crimes, 2) commissions all military officers of the US, 3) make treaties with the advice of Senate, 4) delivers State of Union message to Congress, and 5) calls congress into special sessions when necessary.
Six major principles of government are:
1) popular sovereignty, 2) federalism, 3) separation of powers, 4) checks and balances, 5) judicial review and 6) limited government.
Changes in the Constitution:
By congress - creating the cabinet department By the Supreme Court - outlawing racial segregation in public schools.
How did the power of judicial review enable the judicial branch to gain and equal states with the other two branches of government?
Judicial review gave the Supreme Court power to decide whether acts of Congress were constitutional.
Why did the Founders establish a strong executive branch in the government?
Lack of a strong executive had been a problem under the Articles of Confederation.
Federal government division:
Legislative branch, judicial branch, executive branch.
Describe the president's changing role in developing legislation during modern times.
Modern presidents have been aggressive in requesting legislation over Congress.
Article
One of the seven main divisions of the body of the Constitution
Identify the role played by political partied in changing the Constitution.
Parties effect the election process and help to organize government.
How did the elastic clause of the Constitution support a "house" interpretation of the Constitution?
The elastic clause gives Congress broad implied powers
Political parties are an example of
customs that have informally changed the Constitution.
Petition
to appeal
Ratify
to approve
Veto
to reject
The Supreme Court
uses judicial review to interpret the Constitution.
