UNIT 1 U.S. GOVERNMENT
THE BASIC PRINCIPLES & THE
CONSTITUTION OF THE USA
With all it’s flaws, the United States government
is likely the best one ever formed
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
The most beautiful part of our govt. --
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
Our system allows, under the right
circumstances, for a removal of public
officials – including the President!
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)
FEDERALISM is a separation of powers
among Federal, State, & Local govt.s
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
Eminent Domain gives the govt. power
to take nearly what they want
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.
The officials in D.C. have voting wars
sometimes on bills & laws --
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
The Supremacy Clause is supposed to
give the President “secret” powers
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
The Supreme Court must interpret the
tricky McCullough v. Maryland law
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
The Founding Fathers made sure some
most of our human rights were
covered by 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 Elastic Clause is also a way for
branches of the govt. to steal each
other’s good ideas
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 Supreme Court is legally bound to
rule impartially on social issues, but
rather are often the catalyst for them
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
LIBEL & SLANDER are what leads to a
defamation (to defame someone)suit
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