Chapter 8 flashcards
(45 cards)
Popular Sovereignty
Foundation of the American system of government, the authority of the people
Republican form of government
Where people rule through elected officials
Limited government
Where the government can only do so much
Federalism
States and Federal governments share power, the Constitution creates the federal system
Separation of powers
Prevented one branch of government from having too much power, horizontal and vertical
Checks and balances
To prevent any branch from becoming too powerful, each branch of the Government has the power to check (stop) the other two branches
Individual Rights
The freedom to act, work, think and behave without retribution bestowed upon members of an organization through legal, regulatory and societal standards.
Constitution
The Constitution establishes a republican form of government (people rule through elected officials)
Federalism (Different types of powers)
Federalism - Federal system of government- US has a federal government where the states and federal government share power Constitution creates the federal system Constitution lists ENUMERATED POWERS or powers specifically given to Congress
Power to coin money, regulate interstate and foreign trade, maintain the armed forces, create federal courts…states CANNOT exercise these powers
RESERVED POWERS or powers that belong to the states
Constitution does not specifically list these powers
10th Amendment declares that all powers not specifically granted to the Federal Government “are reserved to the States”
Includes power to establish school, marriage and divorce laws, regulate trade within a state
CONCURRENT POWERS
Shared certain powers between states and federal government
Right to raise taxes, borrow money, provide for public welfare, carry out criminal justice
Horizontal Separation
To prevent any one branch of government from becoming too powerful, and threatening the rights and liberty of the people, the powers of the Government are divided into three separate branches, each with its own powers. Each branch has different and limited powers, duties, responsibilities. Executive(Carries out laws, Legislative(Makes laws), Judicial(Makes sure laws are constitutional)
Vertical Seperation
To prevent any one branch from becoming too powerful, and threatening the rights and liberty of the people, the powers in the government are divided into three levels of government: National, State, and Local Govt. This is called the “Federal System”
Executive Branch
Execute (enforce) the laws passed by Congress
Commander-in-chief of the armed forces
In charge of foreign policy
Legislative Branch
Write and passes laws, power to tax regulate trade between the states, power to declare war
Judicial Branch
Judge whether laws passed by Congress and actions taken by the President are constitutional (legal under the Constitution)
Impeach
to accuse (a public official) before an appropriate tribunal of misconduct in office.
Veto
a constitutional right to reject a decision or proposal made by a law-making body.
Override
use one’s authority to reject or cancel (a decision, view, etc.).
Elastic Clause
Necessary and Proper Clause- The Federal government can exercise implied powers if they are “necessary and proper” to exercise a power that is specifically mentioned – this gives the government the flexibility to deal with changing times and situations that the writers could not anticipate
Judicial Review
Court can review the actions of the executive branch and legislative branches to determine if violated Constitution
Amendment/ Amending
Make changes to a document to make it more fair
Freedom of religion
Establishment Clause: the govt. cannot name an official religion, or give preference to one religion over any other, or promote religion over non-religious belief Free Exercise Clause: the govt. cannot interfere with a person’s right to practice his/her religion, or force a person to practice any religion. People have the right to freedom of belief, thought, and conscience.
Freedom of speech
The government cannot limit a person’s right to express opinions and beliefs. This right includes “symbolic speech” as well as verbal speech.
Limits on Freedom of Speech
Slander – damaging a person’s reputation by spreading lies – is not protected by the 1st Amendment
Obscenity is not protected
Fighting words/ incitement to riot are not protected, because their goal is not to express an opinion or promote an idea, but to promote illegal action
Clear and Present Danger
speech which would pose a clear and immediate threat to the nation’s security is NOT protected by the 1st Amendment
speech which would pose a clear and present threat to the health and safety of others is not protected – for example, you cannot falsely shout “Fire” in a crowded movie theater, because it could create panic and injury
Symbolic Speech
The right to freedom of speech involves symbolic speech as well
Freedom of the press
the media have the right to publish ideas and news that they believe to be true. The govt. cannot prohibit the publication of news [no censorship or prior restraint], but it can take action against the press if the press prints information that they knew to be false, or if they did not take care to check the accuracy of what they print.
