civic ch 3 and 4 study guide

topics of the 18th, 21st, 22nd amendments

18th- prohibition 21st- cancels out the 18th 22nd- presidents can only serve two terms

succession of VP to pres. in both constitution and amendments

25th amendment incase of pres removal from office, the vp will take over if vp is vacant, the pres nominates someone for the spot

judiciary act of 1789

An Act to Establish the Judicial Courts of the United States

constitutional changes as a result of party practices

Because FDR was nominated and won 4 times, the 22nd Amendment was added to the Constitution to limit term limits for Presidents

how are the states denied powers?

No State shall enter into any Treaty, Alliance, or Confederation, coin Money

how can legislative branch check judicial branch?

The legislative branch must approve the presideries choice of judges to the judicial branch may propose constitutional amendments to overturn judicial decisions.

what is an amendment?

a change or addition to the constitution or law

informal amendments (why they happen)

a change to the meaning or interpretation of the constitution of the United States it's not an actual change to the Constitution; rather, it's the way we look at the Constitution that changes.

executive agreement

a pact made by the pres directly with the head of a foreign state a binding international agreement with the force of law but which does not require senate consent

federalism

a written constitution divides power between a central gov and several regional govs

unwritten custom (example)

affect the way that government is conducted but which are not explicitly written into the Constitution The cabinet as a group is not mentioned anywhere in the Constitution

popular sovereignty

asserts that the people are the source of any and all gov power gov can exist only with the consent of the governed

division of powers

basic principle of federalism the gov's powers are divided between the national gov and the states

inherent powers

belong to the national gov because it is the gov of a sovereign state within world community (ex: regulating immigration)

another name for the first 10 amendments

bill of rights

formal amendment

change or addition to that becomes part of the written language of the constitution itself through one of four methods set forth in the consitution

rule of law

concept that holds the gov and its officers are always subject to the law

checks and balances veto

congress passes legislation that the pres. disagrees with so the pres. has the right to veto it but congress can also override the pres. veto

unconstitutional

contrary to constitutional provision and so illegal, null and void, of no force and effect

express powers

directly within constitution

powers the national gov can legally exercise

expressed, implied, and inherent powers

bill of rights

first 10 amendments of the constitution

where does local gov get its power from?

from state consitutions

limited government

gov is restricted in what it may do each individual has rights that gov cannot take away

article V

in congress whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments

methods of formally amending the constitution

method 1: proposed in congress with 2/3 vote and approved by 3/4 state method 2: proposed in congress with 2/3 vote and ratified in conventions in 3/4 states method 3: proposed at convention with 2/3 of state leg. and approved by 3/4 states method 4: proposed at convention with 2/3 of state leg. and ratified at conventions in 3/4 states

implied powers

not stated but suggested

what is an article?

numbered sections of a document the unamended constitution is divided into 7 articles

expressed powers of national gov

power to coin money

checks and balances

system of overlapping the pwers of the 3 branches to permit each branch to check the actions of the others

separation of powers

the 3 powers are divided among 3 independent and coequal branches of gov

McCulloch v Maryland

the Supreme Court ruled that Congress had implied powers under Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank

supremacy clause

the United States Constitution, federal statutes, and treaties as "the supreme law of the land"

judicial review (most common outcome)

the things they question to be unconstitutional turn out to be constitutional

concurrent powers

those powers that both the national gov ans the state possess and exercise

exclusive power

those powers that can be exercised by the national gov alone

reserved power

those powers that the constitution does not grant to the national gov and does not, at the same time, deny to the states

delegated powers

those powers, expressed, implied, or inherent, granted to the national gov by the constitution