Government chapter 3

Expressed powers

"Expressed powers," are powers granted to the government mostly found in Article I, Section 8 of the US Constitution within 18 clauses. Expressed powers, also known as the "enumerated powers," include the power to coin money, regulate foreign and interstate commerce, declare war, grant patents and copyrights and more.

The Constitution

A plan that provides the rules government

Political parties

A political party is a group of people who come together to contest elections and hold power in the government. The party agrees on some proposed policies and programmes, with a view to promoting the collective good or furthering their supporters' interests.

Judicial branch

Article III of the Constitution establishes the federal court system. It names the Supreme Court, and then gives Congress the authority to establish "inferior" courts. The Constitution says that federal judges "shall hold their office during good Behaviour...," meaning that judges hold office for life unless they commit a crime.

Wild card powers

Constitutional sources of power Example: Firing officials, making agreements with other nations, and taking emergency action

Length of term

If the Senate chooses to confirm the nomination, the judge is appointed for a specified term; Supreme Court justices, US District Courts judges, US Court of Appeals judges, US Court of International Trade judges, and judges for the Court of Appeals for the Federal Circuit are appointed for life; each judge in the US ...

Prior restraint

In First Amendment law, a prior restraint is government action that prohibits speech or other expression before it can take place. There are two common forms of prior restraints. The first is a statute or regulation that requires a speaker to acquire a permit or license before speaking, and the second is a judicial injunction that prohibits certain speech. Both types of prior restraint are strongly disfavored, and, with some exceptions, generally unconstitutional.

Separation of powers

In addition to creating a federal system, the Constitution also limits the national government by dividing power among the legislative, executive, and judicial branches. Under the separation of powers, each branch has specific duties in the government. This system prevents any single government institution from becoming too powerful.

The bill of rights

In the United States, the Bill of Rights is the first ten amendments to the Constitution. The purpose of the Bill of Rights is to provide specific freedoms to citizens and limit the power of the government. When it's capitalized, the Bill of Rights refers to a specific statement of rights, like the one that precedes the US Constitution. With lower-case letters, a bill of rights is a more general formal statement of rights and freedoms for a group of people. The US Bill of Rights was ratified in 1791, and it guarantees — among many other things — the rights of free speech, freedom of religion, and trial by jury.

Judicial activism

Judicial activism refers to judicial rulings suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint.

Judicial restraint

Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional, though what counts as obviously unconstitutional is itself a matter of some debate.

Libel

Libel is a method of defamation expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical form that is injurious to a person's reputation, exposes a person to public hatred, contempt or ridicule, or injures a person in his/her business or profession.

Marbury vs Madison

Marbury v. Madison, 5 U.S. 137 (1803), was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.

McCullough vs Maryland

McCulloch v. Maryland, 17 U.S. 316 (1819), was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. Though the law, by its language, was generally applicable to all banks not chartered in Maryland, the Second Bank of the United States was the only out-of-state bank then existing in Maryland, and the law was recognized in the court's opinion as having specifically targeted the Bank of the United States. The Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution.

Enumerated Powers

Most of the powers of Congress are listed in Article 1, Section 8, and explain what kinds of laws Congress can make. These are called enumerated powers, because the Constitution lists them by number, 1 through 18. These enumerated powers include economic matters—the powers to levy taxes, borrow money, coin money, punish counterfeiting, and regulate commerce. They also include issues of national defense, including the power to declare war, raise and support armed forces, and organize the militia. Congress is also given the power to naturalize citizens and establish post offices and courts.

Articles section

One of 7 main divisions of the body of the Constitution.

Amendment Process

One of the ways that the Constitution can be adapted as times change is through amending the document; the amendment process is explained in Article V. There are two steps to amending the Constitution—proposing an amendment and ratifying an amendment. In a reflection of our federal system of government, amendments are proposed at the national level and ratified in a state-by-state process. Proposing and Ratifying Amendments

Specific powers of the executive branch

Presidential powers explicitly listed in the U.S. Constitution include: Being able to veto, or reject, a proposal for a law Appoint federal posts, such as members of government agencies Negotiate foreign treaties with other countries Appoint federal judges Grant pardons, or forgiveness, for a crime

2/3 vs 3/4

Proposing and Ratifying Amendments There are two ways to propose amendments and two ways to ratify them. One method of proposing an amendment is by a two-thirds vote in the House and Senate. The other way to propose an amendment is for two-thirds of the states to ask Congress to call a convention to debate and then vote on the proposed amendment.

Slander

Slander is the act of saying an untrue, negative statement about someone. In law, the word slander is contrasted with libel, which is the act of making a false written statement about someone. The noun slander is from Old French esclandre, escandle, or "scandal," from Late Latin scandalum "stumbling block, offense."

Equal rights amendment

The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution designed to guarantee equal rights for women. The ERA was originally written by Alice Paul and Crystal Eastman. In 1923, it was introduced in the Congress for the first time. The ERA has always been highly controversial regarding the meaning of equality for women. It was "feminist against feminist", said historian Judith Sealander; the result was the eventual defeat of the ERA.[1] Middle-class women generally were supportive. Those speaking for the working class were strongly opposed, arguing that employed women needed special protections regarding working conditions and hours. In 1972, it passed both houses of Congress and was submitted to the state legislatures for ratification. It seemed headed for quick approval until Phyllis Schlafly mobilized conservative women in opposition, arguing that the ERA would disadvantage housewives.

The preamble

The Preamble, or introduction, explains why the Constitution was written and spells out the purposes of the government

Elastic clause

The final enumerated power says that Congress has the authority to "make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers...." This clause is sometimes called the elastic clause, because it lets Congress stretch its powers to meet situations that the Founders could not anticipate. The meaning of "necessary and proper" quickly became the subject of dispute, however. How far could Congress stretch its powers? The Supreme Court addressed this question in 1819 in the case of McCulloch v. Maryland, which was about Congress's power to create a national bank.

Legislative Branch

The legislative branch is the part of the United States government that creates laws. Whenever you read about congresspeople in the Senate or House debating a law, you're reading about the legislative branch: the branch of the government that writes, debates, and passes laws. Making laws can be called legislating.

Jurisdiction

The limits or territory with in which authority may be exercised

Limited Government

The principle of limited government is fundamental and essential to a democracy. One way the Constitution limits the power of the national government is by specifying not only the powers of government but also those things that the government is prohibited from doing.

Federalism

The terms federalism and federal system describe the structure of American government. In this structure, power is divided between the federal, or national, government and the state governments. Within each state, the local governments are under the authority of the state government. All levels of government pass their own laws, have their own agencies and officials to implement these laws, and have court systems to interpret laws.

Amendments

The third part of the Constitution consists of amendments, or changes to the original document. The Constitution has been amended 27 times since it was ratified; some amendments describe the people's individual rights, while others modify some of the rules or structure for government. Several amendments extend the right to vote to former enslaved persons, women, residents of the District of Columbia, and young people between the age of 18 and 21.

Checks and balances

The three separate branches of the national government also have a system of checks and balances, through which each branch exercises some control over the other two. For example, Congress passes laws, but the president can check that power by vetoing (rejecting) legislation. That veto power is balanced by the power of Congress to override a veto by a two-thirds vote of each chamber. The judicial branch checks the power of Congress and the executive by ruling on the constitutionality of laws and actions of the other two branches, but the judicial branch's power can be checked by the Article V procedures for amending the Constitution.

Executive branch

Under the rule of King George, American colonists resented the way he exerted his extensive powers; after achieving independence, therefore, the new nation gave nearly all power to states and did not even allow for an independent executive branch at the national level. In just a few years, however, it became clear that the structure of government under the Articles of Confederation was not working. The country needed a national government with an executive function, but the nation's leaders wanted to make sure the executive's powers were limited. Role of the Executive Branch The president is the head of the executive branch, which includes numerous executive departments that carry out or enforce the laws passed by Congress. The Constitution does not specify how many departments there should be. There are currently 15 executive departments, including the Department of Justice, the Department of Education, the Department of the Treasury, and many others. The leaders of these departments report to the president and advise him or her about their areas of responsibility.

Treaty

a formal agreement between two or more states in reference to peace, alliance, commerce, or other international relations. ... the formal document embodying such an international agreement. ... At the same time a treaty of alliance, offensive and defensive was concluded.

Executive agreement

an international agreement, usually regarding routine administrative matters not warranting a formal treaty, made by the executive branch of the US government without ratification by the Senate.

Impeachment

impeachment definition. A formal accusation of wrongdoing against a public official. According to the United States Constitution, the House of Representatives can vote to impeach an official, but the Senate actually tries the case.

Judicial review

judicial review: the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional

Ratification

ratification definition. The approval from the legislative branch required to validate government agreements. In the United States, amendments to the Constitution require the ratification of state legislatures, and international treaties require the ratification of the Senate.

Supremecy clause

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"