How to Read the Constitution and Why Terms Ch 1-4

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42 Terms
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sharing powers between sovereigns
Miranda warnings
Warnings that police must read to suspects prior to questioning that advises them of their rights.
ratification in 1787, additions in 1791 (Bill of Rights)
right to bear arms freedom or religion etc
separate source of law (then constitution or courts) that allow ppl to file a lawsuit to enforce their constitutional rights against a state official.
separation of powers
principal behind the structure of the united states government. It makes sure one branch of government is not hierarchical
checks and balances
foundational tenet. Each branch supervises the other two branches.
Branches: Legislative, Executive, Judicial
the three branches of government. See pg 41 for chart
Necessary and Proper Clause
Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
separation of church and state
the situation in which the government may not favor any religion or establish an official religion
Direct Democracy
A form of government in which citizens rule directly and not through representatives
use-it-or-lose-it concept
one must continually engage in and practice an ability or risk losing it.
implied powers
powers that the constitution gives to act on (or not)
vesting clause
the president's constitutional authority to control most executive functions and grants authority to the main branches of government (its exclusive job description)
take legal custody of or seize
Congressional power to tax and spend
originally government had no powers to tax or spend but the constitution allowed it to lay and collect taxes, duties, etc pg 64
McCulloch v. Maryland
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
Commerce Clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
squishy language
not concise and solid language
Emoluments Clause
It prohibits any "Person holding any Office of Profit or Trust under [the United States]" from accepting "any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."
Charges against a president approved by a majority of the House of Representatives
"executive" power
power to execute laws
grand jury
A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.
Take Care Clause
The constitutional requirement (in Article II, Section 3) that presidents take care that the laws are faithfully executed, even if they disagree with the purpose of those laws.
DREAM Act (Development, Relief, and Education for Alien Minors)
An act that protected US born children that are vulnerable to deportation
POTUS (abbreviation)
President of the United States
An organization, company, or bureau that provides some service for another
a rule or directive made and maintained by an authority.
executive order
a rule or order issued by the president to an executive branch of the government and having the force of law.
Appointments Clause
The President may nominate, and with Senate approval appoint, all federal officials
Pardon Power
Power of the president to forgive a federal offense without penalty or grant release from a penalty already imposed. Based on kingly power to intervene in judicial process in exceptional cases.
Commander in Chief
term for the president as commander of the nation's armed forces
War Powers Resolution
A law passed in 1973 spelling out the conditions under which the president can commit troops without congressional approval.
Treaty v. Executive Agreement
The President needs Senate approval for a treaty but not for an executive agreement
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
state courts v. federal courts
The United States has a dual court system. State courts are established by the laws of each state and have broad jurisdiction. These courts can hear cases on everything ranging from criminal matters to family law disputes. In contrast, federal courts are established under the U.S. Constitution and have a much narrower jurisdiction.
trial, appeals, supreme courts
trials: consitution grants trial by jury if you are convicted of a crime Appeals:n law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision Supreme Court:the highest judicial court in a country or state
writ of certiorari
An order by a higher court directing a lower court to send up a case for review
Habeas Corpus
a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
Case Law
the rules of law announced in court decisions
Standing law
the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case
originalism v. activism
Originalism is a theory of the interpretation of legal texts, including the text of the Constitution Activism is the policy or action of using vigorous campaigning to bring about political or social change.
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination