Constitution / Exec. and Leg. Branches Flashcards
Civics Test 02 (39 cards)
Due Process
Fair treatment through the normal judicial system, especially as a citizen’s entitlement
Bill of Rights
The first ten amendments to the Constitution
Enumerated Powers of Congress (def, and then list 3)
The powers explicitly given to Congress in the Constitution (E.g., Tax, Regulate commerce, Coin money)
Implied Powers
Powers that congress has that are not stated explicitly in the constitution (The “necessary and proper” clause, etc.)
Federalism
A form of government in which power is divided between the federal, or national, government and the states
State Police Power
The State has the responsibility of providing for the safety and well-being of citizens so they are able to regulate business activity as well
Consent of the Governed
An agreement made by the people to establish a government and abide by its laws
Rule of Law
No one is above the law (including citizens, police, governors, legislators, etc.)
Checks and Balances (def.)
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Executive Order
A rule or order issued by the president to an executive branch of the government and having the force of law
Federal Bureaucracy
The departments and agencies within the executive branch that carry out the laws of the nation
3 Enumerated Powers of Congress
1) The power to enact legislation
2) The power to declare war
3) The power to regulate commerce
3 Enumerated Roles of the President
1) Acting as Commander-in-Chief
2) The power to make treaties
3) The power to grant pardons
The Cabinet
Advisory council for the president
Filibuster
A procedural practice in the Senate whereby 40% or more senators refuse to relinquish the floor (end a debate)
Congressional Committees
A legislative sub-organization in the United States Congress that handles a specific duty (E.g, Budget Committee)
The “necessary and proper” clause
Grants Congress the power to make laws that are “necessary and proper” to carry out the powers specifically granted to it
The Constitution
A document which spells out the principles by which a government runs and the fundamental laws
Concurrent Powers
Powers held jointly by the national and state governments
List 5 specific due process rights
1) Right to be notified of charges
2) Right to an attorney/lawyer
3) Right to remain silent
4) Protection against cruel and unusual punishment
5) Right to trial by jury
(Right to a fair and public trial, Protection against self-incrimination, Protection against double jeopardy (being tried twice for the same offense))
How has Executive power grown since The Constitution was written?
Use of Executive Orders and Actions:
Then: Executive orders were rare and mostly administrative.
Now: Presidents issue orders that have major policy impacts (e.g., immigration, environmental regulation, civil rights)
Why is it so difficult to pass a law through Congress? Describe 3 steps in the process.
The U.S. Constitution sets up a system of checks and balances to prevent any one branch of government from gaining too much power.
1) Introduction and Committee Review
2) Floor Debate and Vote
3) Presidential Approval (pass/veto)
Why did the OG framers of the constitution make it so difficult to pass laws?
To protect the country from hasty, poorly thought-out decisions and to ensure that only laws with broad support might pass
2 ways that the Executive branch can check the Legislative branch (E > L).
1) The President can veto bills passed by Congress, preventing them from becoming law.
2) The President can call Congress back into session during emergencies or when urgent issues arise, even if Congress has adjourned.