4
can approve or reject nomination of federal judges, create lower courts, and remove judges through impeachment
what checks does the legislative branch have on the judicial branch?
In response, Lopez took the school district to court, claiming his constitutional right to due process of law had been violated. The Ohio courts decided in favor of Lopez and eight other students who joined in the case. But the school district appealed the decision to the U.S. Supreme Court. This case, now called Goss v. Lopez, would help to define the rights of students—and therefore your rights—under the Constitution.
what did the Goss vs Lopez case determine?
The main body of the Constitution consists of seven articles. These seven articles are further divided into sections and clauses.
what do the articles of the constitution consist of?
Article I Establishes the Legislative Branch. The first article sets up Congress as the lawmaking body in government. Section 8 of Article I lays out some of the main powers granted to Congress. Section 9 of Article I lists powers denied to Congress.
what does article I of the constitution establish?
Article II Establishes the Executive Branch. The executive branch is led by the president and vice president. It also defines the powers of the president, which include the power to command the armed forces, to make treaties, and to appoint other executive officials.
what does article II of the constitution establish?
Article III Establishes the Judicial Branch. Article III creates the Supreme Court, the highest court in the land, while leaving Congress to create the lower courts. It defines the jurisdiction of the federal courts
what does article III of the constitution establish?
Article IV Concerns Relations Among the States. Article IV has four sections, which make the following key points: Full faith and credit. Treatment of citizens. New states and territories. Protection of states.
what does article IV of the constitution establish?
The framers wanted government to ensure peace and order.
what does it mean to ensure domestic tranquility
The framers hoped to create a system of government based on fair laws that apply equally to all people.
what does it mean to establish justice
The framers of the Constitution wanted to ensure cooperation among the states, and between the states and the national government.
what does it mean to form a more perfect union
The framers hoped the government would ensure the well-being of the citizens.
what does it mean to promote the general welfare
The framers wanted the government to protect the nation against foreign enemies.
what does it mean to provide for the common defense
The framers hoped to guarantee freedom for Americans, then and in the future.
what does it mean to secure the blessings of liberty to ourselves and our posterity
Article V Describes the Amendment Process. Article V spells out the ways such amendments can be proposed and ratified.
what does section V of the constitution establish?
Article VII stipulates that the Constitution would not take effect until ratified by at least nine states.
what does section VI of the constitution establish?
The Constitution provides the basic framework for American government. It also guarantees the rights and freedoms that we, as Americans, sometimes take for granted. It serves as both a practical outline for government and a symbol of our national way of life.
what does the constitution provide the basic framework for?
The opening paragraph, the Preamble, is a single, long sentence that defines the broad purposes of the republican government
what does the preamble of the constitution do?
1) The constitution 2) original intent 3) court precedent 4) consequences 5) moral flaues
what is the 5 step process of judicial interpretation?
In this typical method, an amendment is first proposed by a two-thirds vote in both houses of Congress. The proposed amendment is then sent to the states, where it must be ratified by the legislatures of at least three-fourths of the states. the Twenty-first, which ended prohibition, was ratified in a different way. It was approved not by state legislatures, but by special conventions in three-fourths of the states. The president has no formal role in the amendment process.
what is the most common way for an amendment to be ratified?
the equal rights amendment. The ERA, first introduced in 1923, was intended to guarantee equal rights for women. It was proposed by Congress again in 1972, but did not win ratification in the necessary three-fourths of the states.
what is the most famous non-ratified amendment?
This case, which dates back to the early days of the republic, established the key principle of judicial review. Just before leaving office, Adams created dozens of new federal judgeships and appointed Federalists to fill these posts. Since federal judges serve for life, this action would ensure the continued influence of the Federalist Party in the federal government. Angered by Adams's "court packing" scheme, President Jefferson instructed his new secretary of state, James Madison, not to deliver the remaining commissions. William Marbury was one of those who failed to receive his commission. Marbury took his case to the Supreme Court. On February 24, 1803, the Supreme Court issued its decision. Writing for the majority, Marshall said that Marbury deserved his commission and that Madison should have delivered it. But then Marshall added an unexpected twist. He wrote that Section 13 of the Judiciary Act violated the Constitution. Declaring that a law "repugnant to the constitution is void," the Supreme Court struck down Section 13 of the Judiciary Act as unconstitutional and decided against Marbury.
what is the significance of the Marbury v. Madison case?
this case affirmed the supremacy of the national government over the states and upheld the implied powers of Congress under the Constitution. The case revolved around disputes over the creation of a national bank. in 1816, Congress decided to charter the Second Bank of the United States. Many states opposed the creation of this new national bank, and a number of them—including Maryland—passed laws to tax its branches. The cashier of the Maryland branch, James McCulloch, refused to pay the tax. When Maryland courts ordered him to pay, he appealed his case to the Supreme Court. On March 6, 1819, the Court issued a unanimous decision in favor of the bank and McCulloch. Marshall went on to say that no state has the power to tax the national bank or any other arm of the federal government.
what is the significance of the McCulloch v. Maryland case?
The sixth guiding principle, individual rights, played a major role in the struggle to ratify the Constitution. The Anti-Federalists argued that the Constitution did not offer adequate protection for individual rights. The Bill of Rights was added to address their concerns. This amendment protects the rights of individuals to speak their minds and act on their beliefs without fear of arrest or persecution by the government. In addition, the original text of the Constitution contains references to basic rights, such as trial by jury
how did framers establish individual rights
The framers' main goal in crafting the Constitution was to create a system of limited government. They knew that absolute power often leads to the abuse of rights. On the other hand, they also knew that a lack of governmental power could result in chaos and instability. The limited government envisioned in the Constitution is based on six guiding principles: (1) popular sovereignty, (2) the rule of law, (3) separation of powers and checks and balances, (4) federalism, (5) an independent judiciary, and (6) individual rights.
how did the framers establish a limited government?
The framers never meant for the Constitution to provide a complete and detailed blueprint for government. In general, the framers made broad statements and left it to political leaders to work out many of the specific details of governing.
how did the framers intend for the constitution to provide government structure?
delegated powers
powers granted to the national government rather than to the states under the U.S. Constitution
reserved powers
powers kept by the states under the U.S. Constitution
concurrent powers
powers shared by the federal and state governments under the U.S. Constitution
elastic clause
a clause in Article 1, Section 8 of the U.S. Constitution that allows Congress to stretch its lawmaking powers to include laws that are "necessary and proper" for carrying out its duties
necessary and proper clause
a clause in Article 1, Section 8 of the U.S. Constitution, which says that Congress can "make all laws which shall be necessary and proper" for carrying out its duties
precedent
a decision by a court that serves as an example or guide for future decisions
loose construction (interpretivism) (William J. Brennan Jr.)
a flexible approach to interpreting the U.S. Constitution, taking into account current conditions in society
impeachment
a formal charge of wrongdoing against the president or other public official; the first step in removal from office
strict construction (originalism) (Justice Antonin Scalia)
a literal approach to interpreting the U.S. Constitution, using the exact words of the document
federalism
a political system in which power is divided between a central government and smaller regional governments
republican government
a representative political system in which authority comes from the people and is exercised by elected officials
commerce clause
a statement in Article 1, Section 8 of the U.S. Constitution that allows Congress to regulate trade with other nations and among the states
checks and balances
a system in which each branch of government can limit the power of the other branches
independent judiciary
a system of judges and courts that is separate from other branches of government
judicial review
: the power of the courts to declare laws and executive acts unconstitutiona
veto power
: the power of the president to reject a bill and send it back to Congress
due process
the principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards
habeas clause
the right of accused persons to be brought before a judge to hear the charges against them
executive privilege
the right to keep internal discussions and documents of the White House private
enumerated powers
those powers of the national government that are specifically listed in the U.S. Constitution
implied powers
those powers of the national government, and particularly of Congress, that are not specifically listed in the Constitution, but which the government can reasonably claim as part of its governing responsibility
can declare laws unconstitutional
what checks does the judicial branch have on the legislative branch?
It means that power resides not with the government or its leaders, but with the people. The framers understood that making the people the source of power is the best assurance that government will act in the people's interest. By guaranteeing republican government in the states, the Constitution extends the principle of popular sovereignty to the states.
how did the framers establish popular sovereignty?
This principle requires that the American people and their government abide by a system of laws. This is another way to ensure that power is limited and not used in an arbitrary manner. This section asserts the authority of the Constitution and federal law over state and local law. When there is a conflict, the Constitution prevails.
how did the framers establish rule of law?
The fifth guiding principle, an independent judiciary, was considered essential by the framers to support the rule of law and preserve limited government. As this section makes clear, judicial authority rests with the Supreme Court and other federal courts. In addition, the salaries of judges may not be reduced while in office (?)
how did the framers establish the independent judiciary?
Although the framers understood that amendments might be necessary, they did not want such changes to be taken lightly. For that reason, they made the amendment process difficult. More than 11,000 amendments have been introduced in Congress over the years, but only 33 have been sent on to the states for ratification, and of these, only 27 have been ratified.
how did the framers intend for the amendment process to be ?
Proposed by 2/3 of congress and ratified by 3/4 of state conventions, Proposed by 2/3 of congress and ratified by 3/4 of state legislatures, Proposed by 2/3 of the national convention and ratified by 3/4 of state conventions, Proposed by 2/3 of the national convention and ratified by 3/4 of state legislatures
what are the 4 ways the constitution can be amended?
Form a more perfect union, establish justice, ensure domestic tranquility, provide for the common sense, promote the general welfare, secure the blessings of liberty
what are the 6 parts of the preamble of the constitution?
The Constitution is a three-part document, consisting of the Preamble, the articles, and the amendments. Although it may seem complicated, the Constitution is actually a relatively brief and straightforward document. It consists of just over 7,000 words. Adopted as the "law of the land" in 1788, it is the oldest written constitution still in use anywhere in the world.
what are the there parts of the constitution
can nominate supreme court justices and federal judges
what checks does the executive branch have on the judicial branch?
can approve or veto bills, call special sessions of congress, and recommend legislation
what checks does the executive branch have on the legislative branch ?
can declare treaties and executive acts unconstitutional. appointments are for life, and judges are free from executive control
what checks does the judicial branch have on the executive branch?
can override presidential vetoes, approve or reject presidential appointments and treaties, and impeach/try the president
what checks does the legislative branch have on the executive branch?
This case reaffirmed the rule of law as a key principle of American government.The origins of the case lie in the Watergate scandal of the early 1970s. During the 1972 presidential campaign, burglars broke into the Democratic national campaign headquarters, located in the Watergate complex in Washington, D.C. When evidence tied the break-in to President Richard Nixon, the Senate formed a special committee to investigate the incident. In the course of its investigation, the Senate discovered that Nixon had made secret tape recordings of his conversations in the Oval Office. Both the Senate and the special prosecutor asked the president to hand over the tapes. Nixon refused. As justification, he claimed executive privilege. In 1974, the Supreme Court decided unanimously in the case United States v. Nixon that the president had to surrender the Watergate tapes.
what is the significance of the United States v. Nixon case?
The students' suit, Goss v. Lopez, eventually made its way to the Supreme Court. In making their decision, the justices focused on an Ohio law that allowed public school principals to suspend a student for misconduct for up to 10 days without a hearing. On January 22, 1975, a closely divided Supreme Court delivered its decision in a 5-4 vote. Writing for the majority, Justice Byron White acknowledged that schools must sometimes use discipline to maintain an orderly learning environment. As a result of the Goss v. Lopez decision, school districts across the United States established new procedures to protect the due process rights of students like you. Should you be facing an expulsion, you have the right to be notified of the charges against you. You also have the right to a prompt disciplinary hearing.
what is the significance of the goss vs lopez case
The commerce clause, concurrent amendment powers, and reservation of powers among the people
what kind of federalist principles are find in the constitution?
original intent
what the framers of the U.S. Constitution meant or were trying to achieve when they wrote the original document
the end of prohibition; the only repealed amendment
what type of amendment is the 21st?
Strengthened the federal government. Came about because of a widely recognized problem, or as the result of a reform movement, or both.
what type of amendments are 11 and 12?
Civil War-Era Amendments Extended Rights to African Americans.
what type of amendments are 13-15?
The Progressive period amendments of the early 1900s, all designed to promote social and political reform.
what type of amendments are 16-19?
Twentieth-Century Amendments Addressed Governance.
what type of amendments are 20, 22, 25, and 27?
Three Civil Rights-Era Amendments Extended Voting Rights
what type of amendments are 23, 24, and 26?
The first ten amendments to the Constitution—also known as the Bill of Rights—were proposed by Congress in 1789 and ratified by the states in 1791.
what type of amendments are the first 10?
tensions boiled over and violence erupted in the school cafeteria. School property was destroyed, and 75 students were given 10-day suspensions from school. One of those students was Dwight Lopez. He claimed that he was an innocent bystander who just happened to be in the cafeteria when the incident occurred. But the school refused to hear his appeal.
what type of situation was student Dwight Lopez involved in?
Only one provision of the Constitution—the equal representation of states in the Senate—is not open to amendment. This prohibition was meant to ensure that all states—even the smallest and least populated—would always have two seats in the Senate. Some critics contend that the equal-representation provision is undemocratic.
which constitutional provision is not open to amendment?
The Supreme Court plays an especially important role in our political system because it has the ultimate power to interpret, or establish the meaning of, the Constitution.
why is the supreme court so important?
