Chapter 3 Test Flashcards
(19 cards)
What is the major strength of the Constitution?
It’s flexibility
What are the six basic principles of the Constitution?
Popular Sovereignty- people are the source of its power
Limited Government- Government is not all powerful
a. Rule of law: the government is subject to and never above the law
Separation of powers- 3 branches share power
Checks and Balances- each branch is subject to restraints of the other two
Judicial Review- power of the courts to determine whether what the government is doing is according to the constitution
EST. Marbury vs. Madison
Federalism- division of power between the national and state governments
What is a formal amendment?
A change in the written wording of the constitution
What is an informal amendment?
Day to day changes made overtime (not written) *temporary “flesh and bones” of the Constitution (details)
List 5 ways an informal amendments can be passed
- Basic legislation- Laws passed by congress
- Executive Action- powers granted the pres. (executives agreement)
- Courts Decision- the nations courts determine the constitutionality of cases
- Party Practice- ideas brought forth by the political parties
- Custom- unwritten traditions
Explain the Articles (7)
- Creates the Legislative Branch
- Creates the Executive Branch
- Creates the Judicial Branch
- Relations among the states
- Amending the Constitution
- National debts supremacy of national law, and oaths of office
- Ratifying the Constitution
What is an Amendment?
A change or an addition to the Constitution or law
What is the Rule of Law?
Concept that holds that government and its officers are always subject to law
What is a Treaty?
A formal agreement between two or more sovereign states
What is Ratification?
Formal approval, final consent to the effectiveness of a constitution, constitutional amendment or treaty
What is Bail?
The sum of money that the accused may be required to post (deposit with the court) a guarantee that he or she will appear in court at the proper time is called bail.
What is a Bench Trial?
When you wave the right to a jury and let a judge make the ruling
Grand Jury?
They decide if there is enough evidence to bring someone to trial
What is the purpose of a Petite Jury?
An impartial jury of 12 who decides guilt or innocence
What is Eminent Domain?
Protects personal property- allows for private property to be purchased for public use
Double Jeopardy?
Cannot the charged for the same crime
What is Due Process?
The government must respect all legal rights of its citizens
On what level of government are all formal amendments proposed? On what level are they ratified?
Proposed on the national level 2/3
Ratified on the state level 3/4
What is the difference between civil and criminal law?
Civil involves two parties over money
Criminal is convicted of the crime
