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?
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