constitution popular sovereignty limited government separation of

constitution
popular sovereignty
limited government
separation of powers
The belief that government is not all-powerful, and may only do those things the
people have given it the power to do. Federalism, Separation of Powers & Checks
& Balances are three major ways that the Constitution creates a limited gov.
limited
government
What is it?
Draw a Picture
A plan of government (with a lower cased “c”).
constitution
What is it?
(n)
-
-
(n)

The
Constitution
(w/ capital
“C” refers to
our current
government.


Example


The division of power into a three branches (legislative, executive, and judicial).
During the Enlightenment, Montesquieu argued this was the best form of
government.
separation
of powers
(n)
What is it?

Other
Forms
Monarch

Draw a Picture
The idea that the people are the source of government’s power or that the people decided. This is
why the Preamble to the US Constitution begins with the phrase “We the people.”
popular
sovereignty
(n)
What is it?




Draw a Picture
checks & balances
preamble
delegated power
reserved power
A statement at the beginning of a legal document. The Preamble (capitalized)
refers to the first paragraph of the U.S. Constitution, which begins with the
phrase “We the people.
Preamble
(n)
What is it?
Why Important?
-
checks &
balances
What is it?





What is it?
-
Example
Example?
-

A power that only a state has under the system of federalism; these powers
th
come from the 10 Amendment.
Reserved
Power (n)
The idea that each branch can block the other branches of government, and that they
must work together in order to accomplish anything. This prevents any one person or
group from taking too much power.
A power that is specifically assigned to the federal government under the Constitution. These are
listed word-for-word in Article 1. They include, among other things, any action that involves the
crossing of interstate or international boundaries.
delegated
power (n)

enumerated
powers
What was it?





Example
concurrent power
implied power
elastic clause
central government
Powers Congress has trough the “Elastic Cause” of the Constitution. These are
not written word-for-word in the Constitution, but must be related to delegated
powers.
implied
power (n)
What is it?
Example?
Powers that are granted to both the national and state governments under the system of federalism.
concurrent
power (n)
What is it?
Example?
-
-






The national or federal government. In a federation (such as the government created by
our Constitution), the national government is at the center of much of the decision
making.
central
government
(n)
What was it?
-
Draw a Picture
A clause in the Constitution (Article 1, Section , Clause 18) that grants Congress the power to do all
things that are “necessary and proper” for carrying out its delegated powers; this clause gives
Congress “implied powers.”
elastic
clause
(n)
What was it?
-






Example?
federalism
interstate commerce
supremacy clause
bicameral legislature
Trade between states. The power to regulate interstate power is granted to Congress as a delegated
power.
interstate
commerce
(n)
What is it?
Draw a Picture?
-
Opposite:
intrastate
commerce
(trade within
one state’s
borders)
federalism
(n)
-
What is it?






A law-making body with two chambers or houses.
bicameral
legislature (n)
The division of government powers between the national (federal/central), state, and local
governments. This is one way our Constitution creates a “limited government.”
What was it?

Example?
Draw a Picture
The clause of the U.S. Constitution (Article VI, Clause 2) that declares federal laws
& treaties to be “supreme” over state laws. Federal supremacy was confirmed by
the Supreme Court case McCulloch v. Maryland (1819)
supremacy
clause(n)
What is it?





Draw a Picture
lobbyist
Congressional Committee
System
legislation
census
A method by which Congress investigates bills (proposed laws). Each house is divided into specialized
committees, which research, debate, and hold hearings pertaining to bills. This system allows
Congress to consider many issues at the same time, but most bills “die” in committee, without every
reaching the floor of the house for a vote.
Congressional
Committee
System (n)
What is it?
Draw a Picture?



An official count of the U.S. population. This is done every ten years. One major reason for
the census is to re-allocate seats in the House of Representatives (representation in the
House is based on a state’s population).
census (n)
What is it?
Why Important?
Someone who tries to convince a government official to vote or take a certain action on a public
policy issue. Professional lobbyists are often employed by “interest groups.” The original term comes
from the practice of waiting in the lobby of the Capitol and trying to catch up with Congressmen.
lobbyist
(n)
What is it?
-
lobby (v):
to try to
persuade a
gov.
official.

lobbying
(n): the act
of lobbying


Any bill, law, treaty, amendment, resolution or decree passed by a legislature (law-making
body).
legislation
(n)
-
What was it?
-

to legislate
(v): to make
laws


legislator
(n): a lawmaker


Example?
legislative
(adj.): of or
pertaining to
legislation

Example?
Congress
Commander in Chief
Chief Executive
Chief Diplomat
The President’s role when he/she acts as the head of the U.S. military.
Commander
in Chief (n)
What is it?
The legislature of the United States. It is composed of the Senate and the House of Representatives.
Example?
-
What is it?





What is it?
-
Example?
Draw a Picture
-

The President’s role when he/she deals with foreign nations (i.e. creates foreign policy, negotiates
treaties, appoints ambassadors, etc).
Chief
Diplomat
(n)
Congress
(n)
The President’s role when he/she acts as the “boss” of the executive branch (i.e. the departments
and agencies of the federal government).
Chief
Executive (n)
What is it?






Example?
bureaucracy
22nd Amendment
impeachment
veto
The part of the Constitution that now limits the President to a maximum of two full four-year terms
of office.
22nd
Amendment
What is it?
Draw a Picture
-
(n)
The departments and agencies of the executive branch of a government (national, state or local).
bureaucracy
(n)
What is it?
-
bureaucrat
(n): someone
who works in
the executive
branch of
government.






When the President refuses to sign a bill into law. A veto usually “kills” a bill, but Congress can
override a veto if the bill receives a 2/3 majority in both houses.
veto (n)
What is it?



Draw a Picture
Draw a Picture?
To officially be accused of “high crimes and misdemeanors.” The House of Reps. Brings charges of
impeachment and the Senate decides on removal. The President, Vice President, or a federal judge
can be impeached.
impeachment
(n)
What is it?



Example?
pardon
cabinet
War Powers Act
inauguration
The President’s advisors. Although the cabinet is not mentioned in the Constitution, all Presidents
have used one. This has become part of the “unwritten constitution.”
cabinet (n)
What is it?
Draw a Picture?
When a President or state governor officially forgives someone convicted of a crime.
pardon
(n)
What is it?
-
-






The beginning; the ceremony marking the start of a President’s term.
inauguration
(n)
inaugural (adj):
describing a
beginning
What is it?
-
Example?
A law passed in 1973 that requires the President to gain Congressional authorization within 90
days (60 days + 30 day extension) of beginning armed conflict. This law was passed over
President Nixon’s veto and may or may not be constitutional.
War Powers
Act (n)

Example?
What is it?





Why Important?
Electoral College
popular vote
“Unwritten” Constitution
The name given to the group of “electors” who cast their vote to determine who
will be the President. Electors are currently allocated in each state by a “popular
vote.”
Electoral
College (n)
What is it?
Who were they?
Why Important?
-
Example?
-


Other Forms
Electoral Vote
(n): The vote that
the Electoral
College gives to a
Presidential
candidate.




The things that the federal government does that come from custom and tradition. These things are
not actually in the U.S. Constitution.
Unwritten
Constitution
(n)
What is it?



Example?
The vote in a Presidential election that is taken in order to determine which candidate will get a
state’s electoral votes. This is when “the people” (average U.S. citizens) vote.
popular
vote (n)
What is it?



Example?
First Amendment
Second Amendment
Fourth Amendment
Fifth & Sixth Amendments
The constitutional amendment that protects the right to bear arms.
Second
Amendment
(n)
What is it?
Example?

The constitutional amendment that protects the freedom of speech, press,
assembly, petition, and religion.
First
Amendment (n)



The constitutional amendment that protects the rights of people accused of crimes.
What are they?

Example?


Fifth & Sixth
Amendments
(n)
What is it?
Example?
The constitutional amendment that protects Americans from “unreasonable” searches and seizures
of property.
Fourth
Amendment
(n)
What is it?





Example?
Seventh Amendment
Eighth Amendment
Ninth Amendment
Tenth Amendment
The constitutional amendment that prohibits “cruel or unusual punishment.”
Eighth
Amendment
(n)
What is it?
Example?
-
The constitutional amendment that deals with civil law suits (cases dealing with
property rather than with crimes).
Seventh
What is it?
Example?
Amendment
(n)






The constitutional amendment that states that powers that are not explicitly given to the federal
government by the Constitution, and are not prohibited to the states, are “reserved” for the states.
Tenth
Amendment
(n)
What is it?

Example
The constitutional amendment that states that additional freedoms and rights may be protected by
the Bill of Rights, even though they are not listed word-for-word.
Ninth
Amendment
What is it?




Example
Fourteenth Amendment
Judicial Review
Chief Justice
“due process”
The Supreme Court’s power to decide the constitutionality of a law, treaty, or
executive (presidential) action. This power is not listed in the Constitution wordfor-word; it comes from the case Marbury v. Madison.
judicial
review (n)
What is it?
Example?
-
A constitutional amendment that promises “equal treatment under the law,”
defines citizenship, and requires states to provide “due process of law.”
Fourteenth
What is it?
Example?
Amendment
(n)






The constitutional guarantee that government will not deprive any person of life, liberty, or property
by any unfair, arbitrary, or unreasonable action .
due
process (n) -
What is it?

Example
The head of the U.S. Supreme Court.
Chief
Justice (n)
Who are they?




Example
Gideon v. Wainwright
Miranda v. Arizona
Mapp v. Ohio
Roe v. Wade
A Supreme Court case that ruled that police must inform someone accused of a
crime of their rights.
Miranda v.
Arizona
What is it?
Why Important?
-
Miranda Rights: The
(such as the right to
remain silent) that
police must inform
suspects of when
they are taken into
custody.
Mirandize (v): To
read someone their
Miranda Rights.
-






A Supreme Court case that ruled that states can’t outlaw abortion in the first 3 months of pregnancy,
that they can regulate it in the second 3 months, and that they can outlaw it in the final 3 months.
Roe v.
Wade
A Supreme Court case that ruled that states must provide counsel (a lawyer) to
any person accused of a crime if they are too poor to obtain one themselves.
Gideon v.
What is it?
Why Important?
Wainwright
What is it?
-
Why Important?
A Supreme Court case that ruled that states must exclude evidence obtained through an
unreasonable search or seizure (i.e. the 4th amendment applies to states).
Mapp v.
Ohio
What is it?
-






Why Important?
Engle v. Vitale
Tinker v. Des Moines
New Jersey v. T.L.O.
Warren Court
A Supreme Court case that ruled that (1) symbolic speech is protected by the first
amendment and (2) students do have rights, even in schools, as long as the
exercise of those rights don’t disrupt the learning environment.
Tinker v.
Des Moines -
What is it?
Why Important?
A Supreme Court case that ruled that school prayer is a violation of the
“separation” clause of the first amendment.
Engle v.
Vitale
(n)
What is it?






The Supreme Court in the 1950s & 1960s that was headed by Chief Justice Earl Warren; this court
tended to make rulings that (1) supported the rights of racial minorities, (2) strengthened the rights
of the accused, and (3) protected civil liberties.
Warren
Court (n)
What is it?



Why Important?
Why Important?
A Supreme Court case that ruled that schools only need to establish “reasonable suspicion” rather
than “probable cause” when conducting searches and seizures.
New
Jersey
v. TLO
(n)
What is it?



Why Important?
habeas corpus
Dred Scott v. Sanford
Brown v. Board of Education
Plessey v. Ferguson
A Supreme Court case that ruled that (1) slaves were property, not people, (2) a
slave who reached free soil was not automatically free, and (3) Congress did not
have the power to outlaw slavery in a state or territory.
Dred Scott
v. Sanford
(n)
What is it?
Why Important?
The right to be informed of what they are accused of; when a prisoner is brought
before the court and legally charged; literally “bring forth the body”.
habeas corpus
What is it?
Example?
(n)
-
-






A Supreme Court case that ruled that segregation (separation) of the races was constitutional as long
as the races received “separate but equal” treatment.
Plessey v.
Ferguson
(n)
What is it?
-
Why Important?
A Supreme Court case that ruled that segregation was unconstitutional because it violated the “equal
protection” clause of the 14th amendment.
Brown v.
Board of
Education
(n)
What is it?
-






Why Important?