Chapter 3 AG – Flashcards
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Preamble
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Introduction
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Articles
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Balance of the original document is divided into seven numbered sections
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Constitutionalism
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Government must be conducted according to constitutional principles
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Rule of law
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Government and its officers are always subject to the law
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Separation of powers
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Basic powers are distributed among three distinct and independent branches of government
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Checks and Balances
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Each branch is subject to a number of constitutional checks by the others
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Veto
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Reject
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Judicial Review
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Power of courts to determine whether what government does is in a cores with what the constitution provides
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Unconstitutional
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To declare illegal, null and void, of no force and effect
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Federalism
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Division of power among a central government and several regional governments
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Amendment
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Changes in constitutions written words
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Formal amendment
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Changes or additions that become part of the written language of the constitution itself
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Bill of Rights
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First ten amendments
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Executive agreement
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Pact made by the president directly with the head of a foreign state
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Treaty
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Formal agreement between two or more sovereign states
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Electoral college
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Group that makes the formal selection of the nations president
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Cabinet
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Advisory body to the president
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Senatorial courtesy
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Custom that the senate will not approve a presidential appointment opposed by a majority party senator from the state in which the appointee would serve
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3 things the Constitution is
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1- supreme law of the land 2- basic principles of order 3- basic framework and procedures
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Constitution sets out
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Basic principles upon which government in the U.S. was built
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Length of Constitution
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Fairly brief, around 7,000 words
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Constitution is open to
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A great deal of interpretation
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Strength and weakness of Constitution
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S- only amended 27 times W- how we interpret it
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Organization of Constitution
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8 sections: Preamble and 7 articles followed by 27 amendments
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27 amendments
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Not apart of original document Added after ratification
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Preamble
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States purpose of constitution
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Article 1
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Legislative
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Article 2
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Executive
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Article 3
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Judicial Only judges actions of federal court not state
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Article 4
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Relations among states and national government
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Article 5
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Amending constitution
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Article 6
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National debt, supremacy of national law and oaths of office
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Article 7
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Ratifying constitution
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Articles do not
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Infringe on private liberties Still believe in state government
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Basic principles of Constitution
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Popular sovereignty Limited government Separation of powers Checks and balances Judicial review Federalism
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Popular sovereignty
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"WE the people" Government can only exist with the consent of the governed
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Limited government
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Government is restricted in what they do
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Separation of powers
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Executive, legislative, judicial are independent and coequal
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Checks and balances
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Allows branches to check, restrain actions of one another
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Judicial review
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Power to determine the constitutionality of a governmental action
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What court set up the judicial review
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Marbury vs Madison
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Federalism
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More people needs are met quicker Powers divided between central and several local governments
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Article 5
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4 ways to formally change the Constitution
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First Method
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Voted 2/3 by congress Ratified by 3/4 of the state legislature
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Characteristics of First Method
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No president or people Example of federalism and popular sovereignty Can be brought up everyday till passed
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Second Method
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Proposed by congress Ratified by a constitutional convention DOES NOT HAVE BACKING OF CONGRESS
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3rd and 4th method
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Never used because of federalism and popular sovereignty Leaves the people out
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1st Amendment
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5 rights: religion, speech, press, peacefully assemble, petition the readiness of government
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Electoral College in TN
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11- based on house of reps plus 2 senates
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Citizens by
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Blood Soil Naturalization
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Founding fathers did not like
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Idea of average citizen making decisions
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13, 14, 15 Amendments
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Civil War Amendments
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13
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Abolished slavery
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14
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Citizenship, due process, equal protection
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15
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Vote except women
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17
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Popular election of US senators
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18
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Prohibition of alcohol Repealed by 21st
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19
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Women suffrage
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26
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Voting age 18 Because of Vietnam War
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A governmental system in which the powers of government are divided on a geographic basis
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Federalism
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The group that makes the formal selection of the nations President
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Electoral Congress
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The idea that government must conduct itself in accordance with the principles of the Constitution
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Constitutionalism
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The power of courts to determine the constitutionality of a law or other governmental action
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Judicial review
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A system by which one branch of government can be restrained by one or both of the other ones
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Checks and balances
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Under the principle of, the federal government has three equal branches
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Federalism
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The constitution is divided into seven major sections called
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Articles
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The first ten amendments to the United States Constitution are known as the
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Bill of Rights
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Results in changed to the written words of the Constitution
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Formal amendment
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The principle of states that government must be bound by a fundamental law
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Rule of law
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How is the text of the Constitution organized
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Begins with Preamble then 7 articles
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What are the six basic principles of the Constitution
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Popular sovereignty Limited government Checks and balances Separation of powers Judicial review Federalism
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How are popular sovereignty and limited government related
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Popular sovereignty holds that the people are the source of all government power and limited government implies that the government can do only those things that the people have given it the power to do
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Why were the principles important to the Framers
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Wanted to create a government by limiting its powers would not come tyrannical
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What is the purpose of checks and balances
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Prevent one branch of government from having too much power over the other branches
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How can the judicial check the legislative
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Judges may over then a law when the decide it is unconstitutional
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How can executive check the legislative
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President may veto legislation and call special sessions
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How many amendments have been for all added
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27
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What is the most common method
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Proposed by a two-thirds vote in each house of congress Ratified by three-fourth of the state legislatures
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What method has ratified only one amendment
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Proposal by congress Ratification by three fourths of state legislature
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How does the formal amendment process reflect federalism
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Emphasizes the federal character of the governmental system, as proposal takes place at the nation Kevin and ratification at the state level
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Which amendment took the longest? How long?
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27th 203 years
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What event led to the 13, 14, 15 amendments
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Civil War
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What five ways does the constitution change other than formal amendment
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Passage of basic legislation by congress Actions taken by the president Key decisions of the Supreme Court Activities of political parties Custom
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How has congress contributed to the process of constitution change and development
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By passing laws that aka orate the brief provisions of the constitution and by passing laws that expand congressional power
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Two examples of how the presidential power illustrated the process of constitutional change by other than formal amendment
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Through informal change, president have gained the authority to use the armed forces without congressional declaration of war and to use executive agreement in place of formal treaties
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How does the presidential nominating process illustrate the process of constitutional change and development
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Neither the constitution nor anyplace proved for the nomination is presidential candidates, political ladies have adopted that function. Political parties have altered of added to the original intent of the document
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What is the role of custom in government
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Served as important guidelines in areas in which the constitution is not explicit
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Informal amendment
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Changes in constitution but not written words
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Informal amendment takes place by
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Basic legislation Executive action Court decisions Party practices Customs
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Basic legislation
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Congress has power to regulate interstate commerce and foreign yrade
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Executive action
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Executive agreement Treaty Actions taken by president
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Executive agreement
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Agreement between two leaders Can be done away with once the person leaves office
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Treaty
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Between two countries Can not be done away with
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Court decisions
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Supreme Court can review action of the government and change laws
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"Constitutional convention is ongoing"
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Woodrow Wilson on the Supreme Court
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Marbury vs Madison
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Marbury won President could not dismiss cabinet members
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Party oractuces
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Electoral college Founding fathers wanted majority rule
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Not what founding fathers wanted
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Majority of people vote for candidate that political party chooses college
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Prinary
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Select people to attend national convention
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Customs
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Presidential terms Seniority (best committee jobs go to older)
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Roosevelt
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4 terms during Depression and WWII
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Cabinet
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No where in Constitution to advise president
