Unit 2 - The Constitution (SELF)

Power of the purse

The constitutional power of Congress to raise and spend money. Congress can use this as a negative or checking power over the other branches by freezing or cutting their funding.

Bicameralism

The division of a legislature into two separate assemblies.

Bill of Rights, 1791

The first ten amendments to the Constitution

Judicial powers

The powers to interpret laws, to determine their meanings, and to settle disputes in society

Informal amendments

The process by which many changes have been made to the Constitution but not to the documents written words. These changes can be made by each of the branches through custom, tradition or action.

One person, one vote principle

The rule that, under the Equal Protection Clause of the Constitution, legislative voting districts must be roughly the same in population size.

Article II of the Constitution

This article describes the role and power of the Executive Branch. The President and Vice President.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review

Constitution

a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.

Treaty

a formal agreement between the governments of two or more countries; in the United States, the president negotiates treaties, but the Senate must approve them for ratification.

Article IV of the Constitution

addresses relationship between the federal and state governments; and of the states to one another.

Article III of the Constitution

creates the Supreme Court but allows Congress to establish lower courts.

Article V of the Constitution

describes the process for amending the Constitution

John Locke (1632-1704)

insisted that governments are formed to protect natural rights

rule of law

principle that the law applies to everyone, even those who govern

Constitutional amendment proposal methods

proposed and passed by 2/3 of the Congress (both houses) proposed and passed by a national convention called at the request of 2/3 of the states

Constitutional amendment ratification methods

ratified by 3/4 of the state legislatures ratified by 3/4 of ratifying conventions called in the states

judicial review

review by the US Supreme Court of the constitutional validity of a legislative or executive act; a form of checks and balances

Executive powers

the power to execute, enforce, and administer law

Legislative powers

the power to make a law and to frame public policies

suffrage

the right to vote; expanded through several amendments including the 15th, 19th and 26th

individual liberties

those rights which must be protected from infringement by the government

Article VI of the Constitution

"The Constitution, and the Laws of the United States...shall be the Supreme Law of the Land."

Montesquieu (1689-1755)

"The Spirit of the Laws; wrote of an ideal government which included separation of powers and checks & balances

Declaration of Independence

1776 statement, issued by the Second Continental Congress, explaining why the colonies wanted independence from Britain; based on the social contract theory

Articles of Confederation

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade); power predominantly held by states

Popular sovereignty

A belief that ultimate power resides in the people.

Amendment

A change to the Constitution

Magna Carta, 1215

A charter of liberties (freedoms) that King John of England was forced to sign; it made the king obey the same laws as the citizens of his kingdom

Executive agreement

A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval; Remains in effect as long as those leaders are in power; has same force and effect as a treaty without a need for approval.

republicanism

A philosophy of limited government with elected representatives serving at the will of the people. The government is based on consent of the governed.

limited government

A principle of constitutional government; a government whose powers are defined and limited by a constitution.

Federalism

A system in which power is divided between the national and state governments

Checks and balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Federalists

A term used to describe supporters of the Constitution during ratification debates in state legislatures.

Elastic clause

Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.

supremacy clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Impeachment

Charges against a president approved by a majority of the House of Representatives The only remedy is removal if approved by a majority of the Senate

Time limit on ratification of amendments

Congress generally sets a time frame of 7 years for ratification.

separation of powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Article I of the Constitution

Establishes Congress as the legislative branch of Federal Government and lists the powers of Congress.

James Madison

Father of the Constitution

ratification

Formal approval

preamble

Introduction to the Constitution; We the People of the United States...

English Bill of Rights, 1689

It guaranteed certain rights to English citizens and declared that elections for Parliament would happen frequently. By accepting this document, King William and Queen Mary supported a limited monarchy, a system in which they shared their power with Parliament and the people.

Anti-Federalists

Opponents of the American Constitution at the time when the states were contemplating its adoption.

Petition of Right, 1628

Parliamentary document that restricted the king's power. Most notably, it called for recognition of the writ of habeas corpus and held that only Parliament could impose new taxes.

Article VII of the Constitution

Ratification process

Confirmation power

The authority given by the U.S. Constitution to the Senate to ratify treaties and confirm presidential cabinet, ambassadorial, and judicial appointments.

Social Contract theory

The belief that people are free and equal by natural right, and that this in turn requires that all people give their consent to be governed; espoused by John Locke and influential in the writing of the declaration of independence.