Chapter 3 The Constitution

federal bureaucracy

government, how it all fits togeths

elastic clause

mrah

Federal courts try what kinds of cases?

ones that involve US laws, treaties with foreign nations, or interpretations of the constitution, bankruptcy, etc.

popular sovereignty

rule by the people, consent of the governed; authority for govt flows from people

Article 3 of US Constitution

section 1 establishes a Supreme Court to head the judicial branch and gives national govt power to create lower federal courts. section 2 outlines the jurisdiction (authority) of the supreme court and other federal courts to rule on cases. section 3 defines treason against US

Article 6 of the US Constitution

supremacy clause, establishing that the constitution, laws passed by congress, and treaties of the US shall be supreme law of the land.

enumerated powers

1-18

McCulloch v Maryland

addressed whether a strict or a broad interpretation of the constitution should be applied. suprememe court ruled in favor of a broad interpretation. the court supported the idea that the elastic clause gave congress the right to make laws necessary to carry out its other powers

Article 7 of the US Constitution

addresses ratification and states that the Constitution would take effect after it was ratified by nine states

articles

articles re re

Amendments: How many times has constitution been amended?

changes, 27x

how does our system of checks and balances work?

congress passes laws. president can check congress by vetoing its legislation; this veto power is balanced, by the power of congress to override the veto by a two-thirds vote of each house. the federal courts restrain congress by ruling on the constitutionality of laws. this power of the judicial branch is balanced by the power of the president to appoint federal judges. however, this is balanced by the constitution's requirement that the senate approve appointments.

Article 2 of US Constitution

creates executive branch to carry out laws passed by Congress. Detail powers and duties of presidency, describe qualifications for office and procedures for electing president, provide for a vice president

supremacy clause

declaring supreme law of land

checks and balances

each branch of govt exercises some control over the others

jurisdiction of courts

every court has the authority to hear only certain kinds of cases

the first chief justice

john jay

what kinds of powers does the president have

vague and specific powers

separation of powers

3 branches, each branch has its responsibilities, a system that the founders hoped would prevent any branch from gaining too much power

How many articles in constitution?

7

Article 1 of US Constitution

Establishes legislative Branch, creates congress, details about two houses of congress, house of reps and senate, spell out procedures for making laws, list types of laws congress may pass, specify powers that congress does not have

Article 5 of the US Constitution

Spells out the ways that the Constitution can be amended or changed.

two different systems of US courts and descriptions

federal courts: powers derive from constitution and federal laws. and the states courts (the courts of each of the 50 states): powers derive from state constitutions and laws

jurisdiction

the authority of a court to rule on certain cases

limited government

the constitution limits the actions of government by specifically listing powers it does and does not have

judicial review

the power of the courts to declare laws and actions of local, state, or national governments invalid if they violate the Constitution

What two factors determine the jurisdiction of federal courts?

the subject matter of the case, and the parties involved in it

what was the office of the presidency initiated in response to?

the weakness of the articles of confederation

What did the constitution establish?

1. Established a republic in which power is held by voting citizens through elected representatives 2. Provides citizens with information about their rights and about what they may reasonably expect of their government.

Six major principles of US govt that the Constitution rests upon

1. popular sovereignty 2. federalism 3. seperation of powers 4. checks and balances 5. judicial review 6. limited government

3 parts of constitution

1. the Preamble 2. the articles 3. the amendments

Marbury vs. Madison

established the precedent for federal courts to rule on the actions of the government. Chief justice John Marshall announced that the Judiciary Act of 1789 gave the Court more power than the constitution allowed. thus, the act was unconstitutional. So, the power to declare laws unconstitutional, also known as judicial review, elevated the Suprememe Court to a status balancing the powers of the other branches.

Article 4 of US Constitution

explains relationship of the states to one another and to the national govt. requires each state to give citizens of other states the same rights as its own citizens, addresses admitting new states, and guarantees that the national govt will protect the states against invasion or domestic violence.

federalism/federal system

power is divided between national and state governments

expressed powers

powers defined, written