Government Ch. 3 The Constitution

separation of powers

- Legislative Branch- (Congress) make the laws - Executive branch- (President, VP, & Cabinet) execute & enforce the laws - Judicial Branch- (US Supreme Court & Federal Courts) interpret/apply the laws

executive action

- President's use of their powers interpreted differently over the years - ex: commander in chief allows them to enter war without Congressional approval

method 1

- amendment proposed by Congress - ratified by 3/4 of state legislators (38 states) - 26 of 27 amendments adopted this way

method 2

- amendment proposed by Congress - ratified by state conventions held in 3/4 of states (38 states) - Only 1 amendment has been ratified this way- 21st

method 4

- amendment proposed by a national convention - ratified by state conventions in 3/4 of the states - constitution itself was adopted this way

method 3

- amendment proposed by a national convention called by Congress- Congress has never called such a convention - ratified by 3/4 of the State legislatures (38 states)

court decisions

- courts interpret & apply the words of the Constitution in the cases they hear & decide - using judicial review, courts usually rule that law is constitutional

checks and balances

- each branch is checked (restrained) by the other branches - ensures one branch does not have all the power

limited government

- government can only do what the people give it the power to do - Also called CONSTITUTIONALSM

basic legislation

- laws are passed to execute the Constitution's provisions - Congress has added to the Constitution by the way it has used many of its powers

political parties

- not mentioned in the Constitution - national conventions held since 1830's--each party nominated candidate for presidency - role of electoral college--intended to make formal selections of nation's president - system of organizing Congress

judicial review

- power of the court to determine the constitutionality of a government action - US Supreme Court and all federal courts can declare law or governmental action VOID - Supremacy Clause: US Constitution is the supreme law of the land

federalism

- some powers are delegated to national govt & some are reserved for the states-compromise between strong federal govt & loose confederation of states - states have own laws, courts, constitutions, & elected officials

customs

- the President's Cabinet-- never mentioned in the constitution, but every president has had one - Senatorial Courtesy-- Senate will not approve presidential appointment opposed by a majority party senator from the State in which the appointee would serve - no term "rule"- all presidents served 2 terms max

popular sovereignty

-where all power is held by the people - people are the only source for any & all governmental power - people have given National Government its power

Bill of Rights

1st through 10th amendments

basic legislation, executive action, court decisions, party policies, customs

5 ways informal amendment process occurs

override

Congress can ______ the president's veto

27

How many amendments are there?

by the Madbury vs Madison decision

How was the power of judicial review established?

by vetoing legislation

In what way can the executive branch check the power of the legislative branch?

Cabinet

President's group of advisors

popular sovereignty, limited government, separation of powers, checks and balances, judicial review, federalism

Principles of the Constitution

Congress

The Constitution states that only _________ can make laws.

approve

The president cannot make laws, but must ________ all laws passed by government.

21st- repeal of the prohibition of alcohol

What amendment was ratified by state conventions held in 3/4 of the states

Articles

What are the 7 numbered sections of the Constitution called?

the organization of the national government

What do the first 3 articles of the Constitution address?

lays out the basic framework of our government

What does the Constitution do?

Preamble

What is the name for the introduction of the Constitution?

IV

Which article deals with the relationship among state gov?

V

Which article provided for the process of formal amendment?

VI

Which article says the Constitution is the law of the land?

I, II, III

Which articles outline the 3 branches of the federal gov?

13

amendment that abolished slavery

26

amendment that changed voting age to 18

16

amendment that established income tax

19

amendment that granted women to vote

22

amendment that limited the presidency to two terms

18

amendment that prohibited sale of alcohol

21

amendment that repealed the 18th

executive agreements

pact made by president and another head of foreign state-- does not need approval of Senate. As legally binding as a treaty

electoral college

per state based on population for their vote

1789

since what year has 27 amendments been made

rule of law

those who govern must obey the law, they are not above it