Constitution Unit Study Guide Key terms to know: Amendment- an alteration of or addition to a motion, bill, constitution, etc Unconstitutional- not constitutional; unauthorized by or inconsistent with the constitution Separation of powers - Three branches of government (executive, legislative, and judicial) are kept separate to prevent abuse of power. Bill of Rights- 1st 10 amendments to the constitution Checks and Balances - each of the three branches of government can limit the powers of the others. This way, no one branch becomes too powerful. Each branch “checks” the power of the other branches to make sure that the power is balanced between them Ratify- sign or give formal consent to (a treaty, contract, or agreement), making it officially valid. Federalism- the federal principle or system of government. Formal Amendment- Is one that actually adds to or changes the US Constitution. It is ratified by the states and becomes law. Article- Explain how the government works. Judicial Review- Judicial review is the power of the courts to review laws, treaties, policies or executive orders relevant to cases before the court and nullify (overturn) those that are found unconstitutional. Expressed Power - Those powers directly written in the Constitution Supremacy Clause- is the provision in Article Six, Clause 2 of the United States Constitution that establishes the United States Constitution, federal statutes, and treaties as "the supreme law of the land." Necessary and Proper Clause-- allows Congress "To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers 10th amendment- The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people 1. Who gives the government power? The PEOPLE 2. Articles of confederation were weak and our constitution remedied the problems. Be able to explain some of the remedies such as, but not limited to: Taxes, Judiciary Branch, interstate commerce, and enforcing the law 3. What are the steps that are taken to “formally” amend the constitution? The Constitution provides that an amendment may be proposed either by the Congress with a 2/3 majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by 2/3 of the State legislatures. 4. How can Congress informally amend the constitution? 1. basic legislation (judiciary act,patriot act) 2.executive action (executive order) 3.cout decisions 4.party practices 5.customs 5. List three of the Expressed Powers of our Congress Congress - The 27 expressed powers of Congress listed in Article I, Section 8 of the Constitution grant the legislative branch a huge amount of authority over American national policy, both foreign and domestic. The most important powers include the power to tax, to borrow money, to regulate commerce and currency, to declare war, and to raise armies and maintain the navy. These powers give Congress the authority to set policy on the most basic matters of war and peace 6. List three of the Expressed Powers of the President Under the Constitution, the president may command military forces, convene or adjourn Congress, veto law, grant pardons and select United States ambassadors. 7. How can the Legislative Branch check the Judicial Branch and Executive Branch? Executive- May reject appointments, treaties, may withhold funding for Presidential initiatives, can impeach the president, can override a veto. Judicial – May propose constitutional amendments to overrule judicial decisions, can impeach Supreme Court justices, may reject appointments to the Supreme Court 8. How can the judicial branch check the executive branch and the legislative branch? Executive- may declare executive actions unconstitutional Legislative – may declare laws unconstitutional 9. How can the executive branch check the judicial branch and legislative branch? Judicial- appoints judges Legislative- may veto bills, and adjourn Congress in certain situations. 10. Why do we have checks and balances? Each of the three branches of government can limit the powers of the others. This way, no one branch becomes too powerful. Each branch “checks” the power of the other branches to make sure that the power is balanced between them 11. Why do we have separation of powers? Division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. *The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government. * The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch. * The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it. 12. In an American system of government what does limited government mean? Government has only those powers delegated to it by the people 13. What clauses are used to expand the power of the Federal Government? Elastic Clause, Necessary and Proper Clause 14. What clauses or amendment is used to give power to the states? 10th Amendment 15. Summarize the purpose of each article Article I Article II Article III Article IV Article V Gives Congress its powers and limits. Congress is the branch of the government who can make laws for the country. Article 1 also creates the two sections of Congress, the Senate and the House of Representatives Makes the executive branch of the government. The Executive branch has the responsibility and authority for the administration on a daily basis. In the United States, the executive branch is made up of the President and executive officers. Creates a judicial branch in the United States. The Judicial branch is the court system that interprets the law. In the United States, the judicial branch includes the Supreme Court and the lower courts which are made by Congress Article 4 talks about what responsibilities and duties the states have along with what responsibilities the federal government has to each States. States that the only way the Constitution can be changed is by adding an amendment. Article VI Supremacy of the Constitution Article VII Ratification of the Constitution