Chapter 3 book notes Flashcards

1
Q

Constitution

A

sets out basic principles upon which gov in the US was built and operates today

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2
Q

Political Arena

A

the setting in which political activity occurs

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3
Q

provisions

A

a clause in a document or agreement

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4
Q

first 3 articles of the constitution

A

deal with the 3 branches of the national gov.: congress, the presidency, and the federal court system
-these articles outline the basic organization and powers of each branch, and the methods by which officials are chosen to lead (president, congress, federal judges

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5
Q

Article 4 of the constitution

A

deals with mostly with the place of the states in the American Union and their relationships with the national government and with one another

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6
Q

Article 5 of the constitution

A

indicates how formal ammendments may be added to the document

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7
Q

article 6 of the constitution

A

declares that the constitution is the nations supreme law

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8
Q

article 7

A

provided for the ratification of the constitution

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9
Q

the 7 articles of the original document are followed by what?

A

27 amendments, printed in the order in which each provision was adopted

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10
Q

6 principles the constitution is built around

A

popular sovereignty, limited gov, separation of powers, checks and balances, judicial review, and federalism

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11
Q

Popular sovereignty

A
  • all of the political power resides in the people
  • people are the source for any and all government power
  • has popularly elected leaders who are chosen by the people to represent them in the exercise of the people power
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12
Q

limited government

A
  • holds that no government is all-powerful

- gov may only do those things that the people have given it the power to do

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13
Q

what is the principle of government the other side of

A

it is the other side of popular sovereignty

-the people are the source of any and all of governments authority

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14
Q

constitutionalism

A

government must be conducted according to constitutional principles

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15
Q

rule of law

A

hold the government and its officers, in all that they do, are always subject to-never above- the law

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16
Q

prohibitions

A

a denial, ban

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17
Q

enshrined

A

set out with respect; honored

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18
Q

separation of powers

A

the constitution of the US distributes powers of the national government among the congress(legislative), the president(executive), and the courts (judicial).

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19
Q

Article 1 section 1 declares

A

congress is the law making branch of national gov

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20
Q

article 2 section 1 declares

A

The president is given the law-executing, law enforcing, and law administering powers of the national government

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21
Q

Article 3 section 1 declares

A

the federal courts, and most important;y the supreme court, interpret and apply the laws of the US in cases brought before them

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22
Q

what did the framers intend to do?

A

make a stronger central government for the US, but also intended to limit the powers of that government

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23
Q

checks and balances

A

each branch is subject to a number of constitutional checks, or restraints, by the other branches.

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24
Q

congress has the power to…

A

make laws, however the president may veto any act of congress

25
congress can...
over ride a presidential veto by a 2/3's vote in each house -can refuse to provide funds requested by the president or the senate may refuse to approve a treaty or an appointment made by chief executive
26
the president is...
the commander in chief of all armed forces, but congress provides the military force and so on
27
the president has the power to
name all federal judges, each appointment must be approved by a majority vote in the senate, the courts also have the power to strike down the acts of congress/ presidential acts that they find unconstitutional
28
partisan
loyalty to a particular party
29
Judicial review
the power of a court to determine the constitutionality of a governmental action -has the power to declare unconstitutional
30
the power of judicial review is held by whom?
all federal courts and by most state courts as well
31
auxiliary
extra, supportive, supplemental
32
in what landmark case did the supreme court establish power of judicial review
Marbury vs Madison.
33
federalism
the division of power among a central government and several regional governments
34
the framers solution in federalism
they constructed the federal arangment, with its division of powers, as a compromise
35
in what ways, how has the constitution been changed for modification and growth?
by formal amendment and by other informal means
36
article 5 sets out what?
2 methods for the proposal and 2 methods for the ratification of amendments
37
formal amendment / how many are there
changes or additions that become part of the written language of the constitution itself/ 4 possible methods of formal amendment
38
how can an amendment be proposed?
by a 2/3 vote in each house of congress, and must also be ratified by 3/4 of the state legislature
39
how many state legislatures must approve an amendment to make it a part of the constitution?
38
40
convention
a meeting to deal with matters of common concern
41
if an amendment is proposed by congress and is ratified by conventions, what amount of the states must accept this for it to pass
3/4 of the states | - only 21is amendment was like this
42
an amendment may be proposed by a national convention, called by who?
congress, at the request of 2/3 of the state legislatures (today 34). must then be ratified by 3/4 of state legislatures
43
an amendment may be proposed by a national convention, then be..
ratified by conventions in 3/4's of the states
44
when both houses of congress pass a resolution proposing an amendment,
congress does not send it to the president to be signed or veto'd, though the constitution would seem to require it- because when congress proposes an amendment it is not making law
45
once a state has approved an amendment,
that action can not be undone
46
bill of rights
the first 10 amendments, they set out the great constitutional guarantees of freedom of belief and expression, of freedom and security of the person, and of fair and equal treatment before the law
47
the process of constitutional change by means other than formal amendment has taken place- and continues to occur- in 5 key ways
- Basic Legislation - Executive Action - Court Decisions - Party Practices - Custom and Usage
48
ordain
to order, direct, decree
49
Basic Legislation
congress has passed a number of laws to clarify several of the constitution's brief provisions. congress has added flesh to the bones of those section the framers purposely left skeletal.
50
succession
the process by which one follows in order (succeeds) to an office
51
executive action
how the president uses his power to contribute to the growth of the constitution ex: congress must declare war, but the president is in control of all armed forces, can make war without a declaration of war from congress.
52
executive agreement
pact made by the president directly with the head of a foreign state
53
treaty
a formal agreement between 2 or more sovereign states
54
difference between agreements and treaties
executive agreements do not need to be approved by the senate
55
court decisions
supreme court interprets and apply's the constitution in many of the cases they hear
56
party practices
political parties are a major agent of constitutional change over the course of history
57
electoral college
the body that makes the formal selection of the nations president
58
custom and usage
unwritten customs can be as strong as written law, many have developed in our governmental system ex: JFK assasination and Lyndon Johnson rising to become president
59
senatorial courtesy
the senate will approve only those presidential appointees, such as federal judge or a US marshal who are acceptable to the senator or senators of the presidents party from the state involved EX: Franklin roosevelt and being president for more than 2 terms