UNIT 1 U.S. GOVERNMENT THE BASIC PRINCIPLES & THE CONSTITUTION OF THE USA FUNDAMENTAL GOVT. TERMS • popular sovereignty people are the source of government power; Illustrated in the phrase "We the people" in the Preamble • separation of powers each of the 3 branches of government has its own responsibilities. prevents any one branch from gaining too much power. • checks and balances each branch of government holds some control over the other 2 branches. • limited government the Constitution limits the power of government by making explicit grants of authority • Balanced budget plan requiring that what the government spends does not exceed its income FUNDAMENTAL GOVT. TERMS • Executive Agreement An agreement made directly between the president and head of state of another country; does not require Senate approval • Poll taxes Taxes paid in order to vote. This is illegal • Lame duck Government workers who have been voted out have limited influence before they leave office • Treaty a formal agreement between governments of two or more countries. Requires Senate approval • Impeach to accuse a public official of misconduct in office FUNDAMENTAL GOVT. TERMS • How can the President "check" the Power of Congress in the "System of Checks and Balances"? By vetoing legislation passed by Congress • What is Federalism? Power is divided between national and state governments. It was a way to forge a union but limit central power. It gives the United States a flexible system of government where the national government has the power to act for the country as a whole, and states have the power over many local matters. • What is the jurisdiction of the Federal Courts? US laws, the Constitution, Treaties, Maritime law and bankruptcy • How can a presidential veto be overridden?2/3 vote of each house (Senate and House of Representatives) FUNDAMENTAL GOVT. TERMS • Veto rejection of a bill (usually by the president or governor) • Ratify to approve, like a treaty • Petition an appeal • Federalism A system of government where power is divided between national and state governments. • What branches are established by Articles I, II, III Legislative, executive, judicial • Federal Bureaucracy departments and agencies of the federal government, mostly the executive branch • Eminent domain the power of the government to take private property for public use FUNDAMENTAL GOVT. TERMS • How can a presidential veto be overriden?2/3 vote of each house (Senate and House of Representatives) • What is the difference between a treaty and an executive agreement? A treaty is an agreement between 2 nations while an executive agreement is an agreement between the President and the head of another state. Executive agreement does not need Senate approval. CONSTITUTIONAL STUFF • Article 1 of the 7 main divisions of the body of the Constitution • Expressed Powers Powers directly stated in the Constitution • Enumerated powers the expressed power of Congress that are itemized and numbered 1-18 in Article I, Section 8 of the Constitution • Supremacy Clause Statement in Article VI of the Constitution establishing that the Constitution, laws passed by Congress, and treaties of the US are the "Supreme Law of the Land.“ • How can a Constitutional amendment by changed after it is ratified? By passing another amendment to repeal the earlier amendment CONSTITUTIONAL STUFF • Bill of Rights Limits the power of government • How did the 24th amendment help some low income African Americans? It prohibits poll taxes • What is the purpose of the Preamble? States why the Constitution was written • Year of McCullough vs. Maryland 1819 • What case established a broad interpretation of the Constitution? McCullough vs. Maryland • How long does a state of to ratify an amendment? Congress decides how much time the states will have. In modern times, they set the limit at 7 years. • What does the first amendment protect the press from? Prior restraint or government censorship of information before publication CONSTITUTIONAL STUFF • Elastic Clause clause in Article I, Section 8 of the Constitution that gives Congress the right to make all laws "necessary and proper" to carry out the powers expressed in the other clauses of Article I. It is the 18th enumerated power • Amendment A change to the Constitution • What part of the Constitution outlines the founder's 6 goals? The Preamble • What branch of government is the final authority on the Constitution? The Judicial branch • What are the first ten amendments called? The Bill of Rights CONSTITUTIONAL STUFF • What is the purpose of the Bill of Rights? Limits the power of government • What does Article VI of the Constitution establish? The Supremacy Clause; establishes that the Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme Law of the Land.“ • How does the 21st Amendment relate to the 18th Amendment? The 18th Amendment (1919) prohibits the manufacture, sale or transportation of alcoholic beverages. The 21st Amendment (1933) repeals the 18th Amendment. • What Section of the Constitution is responsive to the needs of a changing nation? The Elastic Clause • What rights are protected by the first amendment? Freedom of religion, freedom of speech, freedom of the press, and the right of the people to assemble peaceably to petition the government for redress of grievances. THE LAW OF THE LAND • Due Process of Law Principle in the 5th amendment stating that the government must follow proper constitutional procedures in trials on other actions it takes against individuals • Probable Cause a reasonable basis to believe that a person or premises is linked to a crime • Judicial Activism the philosophy that the supreme Court should play an active role in shaping national policies by addressing social and political issues • Judicial Restraint the philosophy that the Supreme Court should avoid taking the initiative on social and political questions THE LAW OF THE LAND • Jurisdiction The authority of a court to hear only certain kinds of cases • Arrest warrant an order signed by a judge naming the individual to be arrested for a specific crime • Libel False written or published statements intended to damage a person's reputation • Slander False speech intended to damage a person's reputation • Year of Marbury versus Madison 1803 • What case established judicial review? Marbury versus Madison THE LAW OF THE LAND • judicial review The power of the courts to declare laws and actions of local, state, or national governments invalid if they violate the Constitution • Search warrant an order signed by a judge describing a specific place to be searched for specific items • Prior restraint government censorship of information before it is published or broadcast • Change of venue Changing a trial to a different court to get a fair trial