Constitution Study Guide.pdf

Vocab to Know: Bureaucracy: a system of government in which most of the important decisions are made by state officials rather than by elected representatives Executive: the branch of government that carries/executes the laws Legislative/legislature: the branch of government that...

Vocab to Know: Bureaucracy: a system of government in which most of the important decisions are made by state officials rather than by elected representatives Executive: the branch of government that carries/executes the laws Legislative/legislature: the branch of government that makes laws Judicial: the branch of government that interprets laws. Protects the constitution when examining laws. Preamble: An introductory statement that explains the document’s purpose and underlying philosophy (in this case the Constitution) Self-government: a government of a country led by its people Democracy: government by the people, either directly or indirectly, with free and frequent elections Amendment: addition to or deletion from a constitution or law Federalism: a form of government in which power is divided between the federal, or national, government and the states Ratify: to vote for approval Bicameral: the principle of the two-house legislature Enumerated powers: numbered powers; listed powers in the constitution - ex. president's is commander in chief and veto Reserved Powers: powers that the Constitution does not give to the national government that are kept by the states and the people Separation of Powers: the split of authority between the legislative, executive, and judicial branches Veto: The president’s ability to reject a law proposed by the Legislature Cabinet: A group of advisers to the president. Judicial review: Allows the court to determine the constitutionality of laws Justice: the idea that everyone is equal, just, and fair - the philosophical idea that people should or are treated impartially and reasonably by law Checks and balances: each branch can restrain certain actions the other branches take (restriction on power)  Limited government: a government only has the power that's been given to it Popular sovereignty: the principle that a government's power is derived from the people Consent of the governed: the permission of the people over whom the political authority is exercised is the only basis for the government's legitimacy and moral right to employ state power. Republic: a government where citizens elect representatives to government. These representatives are open to making many decisions but have to keep the citizen's best interests in mind, otherwise, the people will not consent to them keeping their jobs Rule of law: the principle that laws, not people govern society and that even the government must follow the law Enact: to put into effect Implied powers: congress powers Impeachment process: process over getting rid of the president when he or she breaks the law or violates the constitution. The process is difficult so the government can not get rid of the president for small reasons. Ideas to Understand: Which article of the Constitution addresses each branch of government: In the Constitution, Article 1 addresses all legislative(congress) powers which creates laws, Article 2 addresses the executive branch (in other words, the President's rules on law enforcement/ enforce laws), and Article 3 addresses the judicial Power of the United States. The judicial branch (supreme court) decides whether the law is constitutional or unconstitutional. What the purpose of the Preamble to the Constitution is - 6 goals: - give legitimacy to the government, explain whats its meant to do, what are the goals of the government ○ form a more perfect Union ○ establish Justice  ○ insure domestic Tranquility ○ provide for the common defense ○ promote the general Welfare ○ secure the Blessings of Liberty to ourselves and our Posterity How Congress is divided - who each set of congressmen represents and why: Congress is divided into the Senate and the House of Representatives. There are always two senators per state, meaning the entire United States has 100 senators. The House of Representatives consists of 435 members who get re-elected every two years while senators remain in office for six-year terms. In total, Congress consists of 535 members. While the Senate represents the whole state, the House of Representatives represents key districts inside each state. The Senate represents the people of the whole state and they work on behalf of what is good for the state. The representatives depend on the population of the state. These people work on behalf of the people in their district. Congress passes rules that help the majority of the people for the common good. Bill of Rights- what its overall purpose is (why was it added); what the purpose of each amendment is: While attempting to get all the states to sign the Constitution, the Bill of Rights was added to protect individual's rights from the federal government.They were added to get the constitution ratified as Anti-federalists were against it. Madison included many drafts regarding a person's freedom of speech, religion, press, assembly, and the right to petition the government and trial by jury. The first ten amendments were designed to protect individuals rights. The first amendment is known as the 5 freedoms. The second amendment is the right to bear arms. The third amendment is soldiers are only housed by civilians by their consent. Amendments 4 to 8 cover the rights people have when accused of a crime or in the general judicial field. The ninth and tenth amendments cover the enumerated and reserved powers. Federal court system versus state court system - what kind of cases each hears:The federal court system hears cases involving federal laws  that cover the whole United States, constitutional issues, and disputes between states. This includes matters such as federal crimes, civil rights cases, and challenges to federal regulations. For example, cases involving drug trafficking or violations of federal civil rights laws would be handled at this level. In contrast, the state court system within each state (created by state constitution) primarily addresses issues related to state laws, encompassing areas like family law (such as divorce and custody), contract disputes, and most criminal cases (unless of course the case involves a defendant being sentenced to death). The majority of criminal cases, such as theft or personal injury lawsuits, are typically heard in state courts. Appellate court - what its role is: The appellate court plays a crucial role in the judicial system by reviewing decisions made by lower courts to identify any legal errors that may have influenced the case outcome. Appellate courts do not conduct new trials or examine new evidence; instead, they focus on whether the law was correctly applied. Their decisions can affirm, reverse, or remand cases back to lower courts or for further proceedings. Supreme Court: what its role; judicial review; how a case gets to court: The Supreme Court's role is to ensure citizens of America the promise of equal justice under the law and to interpret and defend the Constitution. A power of the Supreme Court is the Judicial review which is the ability to declare a legislative or executive act in violation of the constitution. A case starts in the trial court and after they make the jurisdiction, the appellate court reviews the case to make sure that the evidence supports the trial court's decision. If a party is not pleased with the outcome in the Court of Appeal then they can seek further review by the Supreme Court. The supreme court is the ultimate court. If a federal case makes it to the supreme court, then that is final, there is nowhere else to appeal. The Supreme hears cases that involve the constitution being challenged, treaties, and federal laws. "necessary and proper" - why this is in the Constitution for the Legislative Branch: The "necessary and proper" clause, found in Article  I, Section 8 of the Constitution, grants Congress the authority to create laws that are not explicitly listed in the Constitution but are necessary to execute its enumerated powers. This clause, often referred to as the Elastic Clause, provides the flexibility needed for the government to adapt and respond to changing societal needs and circumstances. This relieves some of the restrictions for the legislative branch as well. Separation of powers and checks and balances - what their purposes are: The Constitution establishes a system of checks and balances to ensure that no branch has too much power. Under this system of checks and balances, there is an interplay of power among the three branches. Each branch has its own authority but also must depend on the authority of the other branches for the government to function, in other words one branch can check another branch to balance the distributed power. Not one branch should have too much power. "Supreme law of the land" - what the Constitution says about itself: The phrase "supreme law of the land, found in Article VI of the Constitution, establishes that the Constitution, along with federal laws and treaties, is superior to state laws. This means that state judges must follow federal law even when it conflicts with state statutes, ensuring a uniform legal framework across the nation. This principle protects the rights granted by the Constitution from being undermined by local laws. If states don't follow the federal law, the government will not fund those states for specific events. Meaning and importance of "We the People": "We the People," found in the preamble of the Constitution, underscores the idea that the government’s authority derives from its citizens rather than being imposed by an elite or a monarch. This phrase emphasizes the democratic foundation of the U.S. system, where the government is accountable to the governed. It reflects the collective role of citizens in shaping their government, embodying the values of liberty, equality, and unity. It tells the people that they are the ones who run the country indirectly, we govern ourselves, and we give the government power with  our vote.These are the most important words in the constitution because it symbolizes the whole nation and the people themselves are the basis of the country. The people are essentially giving the government permission to govern. Additional The President has power to override the veto. However, congress can override the veto if it has ⅔ vote in each chamber.The legislative branch is elected by the people. The House of Representatives represents key districts inside each state. The Senate represents the people of the whole state a. They are working on what's good for behalf of the state. Article three creates the supreme court, gives power to congress to create lower courts as necessary. The system of checks and balances were put into place because the United States was afraid of recreating the British parliament and the monarchy system.