Government Study Guide: Exam 3

The Constitution- Major principles were popular sovereignty, federalism, separation of powers, judicial review, and limited government. Had the Preamble, articles, and amendments Preamble- set forth the goals of the constitution, states why it was written Articles- main divisions in the body of the Constitution, each covering a general topic(1) Legislative Branch; (2) Executive branch (veto power); (3) Judicial branch (jurisdiction); (4) states and federal government relations; (5) how to amend the Constitution; (6) Constitution, federal laws, treaties are supreme laws of the land (supremacy clause); (7) Ratification process Foundations of Personal Liberties- natural law: everyone has a right to life, liberty, and the pursuit of happiness (?) The Three Branches- Legislative, Executive, Judicial Balance of Power- Each branch is reliant on the other two, and is constantly being checked by the other branches through a process of checks and balances Jurisdiction- authority Supremacy Clause- contained in Article VI, establishes that the Constitution, laws passed by Congress, and treaties of the United States shall be the supreme Law of the Land Amendments- people provide for changes in the original constitution, called these, which are the third part of the constitutionthere are 27 as of right now 6 Major Principles of the Constitution- (1) Popular Sovereignty (people are the source of the government); (2) Federalism (power is divided between the national and state governments); (3) Separation of Powers (each of the three branches of government has its own responsibilities; (4) Checks and Balances (each branch of government holds some control over the other two branches); (5) Judicial Review (courts have power to declare laws and actions of Congress and the president unconstitutional); (6) Limited Government (the Constitution limits the powers of government by making explicit grants of authority) Veto- Presidents power to check Congress by rejecting its legislation Marbury v Madison- Supreme Court case in 1803 that established the precedent for federal courts to rule on the actions of government. JUDICIAL REVIEW was introduced Montesquieu and his Influence on the Constitution- came up with SEPERATION OF POWERS, a major principle of the Constitution Legislative Branch- Congress, the lawmakers Expressed Powers- powers directly stated in the Constitution Enumerated Powers- (1-18) list the powers of Congresseconomic, defense, citizenship, post office, courts, Washington, D.C. Elastic Clause- allows Congress to make laws and stretch their enumerated powers in the future when NECESSARY AND PROPER McCulloch v Maryland- Supreme Court case in 1819 which addressed the dispute of what necessary and proper actually meant. The Court ruled in favor of a broad interpretation. The Court supported the idea that the elastic clause gave Congress the right to make any laws necessary to carry out its powers. Executive Branch- President, carries out the laws Wild Card Powers- The Founders recognized a need for a strong executive and granted the President broad but vaguely described powersprovided for this, which meant that the statement The executive Power shall be vested in a President of the United States of America could be interpreted in different ways Specific Powers of Executive- (1) Commander in chief of the armed forces and the state militias (National Guard) when they are called into service. (2) Appoints-with the Senates consent-heads of executive departments. (3) May pardon people convicted of federal crimes, except in cases of impeachment, or reduce a persons jail sentence or fine. (4) Make treaties with the advice and consent of the Senate. (5) Appoints ambassadors, federal court judges, and other top officials, with Senate consent. (6) Delivers an annual State of the Union message to Congress and sends Congress other messages time to time. (7) Calls Congress into special sessions when necessary. (8) Meets with heads of state, ambassadors, and other foreign officials. (9) Commissions all military officers of the United States. (10) Ensures that the laws Congress passes are faithfully executed Federal Bureaucracy- departments and agencies of the federal government- mostly for the executive branch Judicial Branch- Judges, Supreme Court, enforces the law

Length of Term for Judges- allowed to hold office for life Shared Powers- Constitution created three separate branches of government, but it spelled out specific areas in which these branches would cooperates, such as in passing legislation, conducting war, and spending money President as Legislator- The executive branch provides plans for much of the legislation that Congress considersPresident proposes much of the legislative agenda and spells out the details of programs that are enacted into law Checks and Balances Between Branches o President to Congress- can recommend legislation, veto bills, and implement laws passed o President to Courts- nominates federal judges and may enforce court orders o Congress to President- passes laws that create executive agencies and the programs they administer, and it can override presidential vetoes by a two-thirds vote of both chambers and can impeach the presidentcan also ratify treaties and confirm presidential appointments to the executive branch and the courts o Congress to Courts- can impeach judges, create lower federal courts and fix their jurisdictions, set the size of the Supreme Court, and determine judicial salariesalso confirms judges o Courts to President- can declare presidential actions unconstitutional and can determine whether the executive branch is properly administering laws passed by Congress o Courts to Congress- can interpret congressional statutes and declare acts of Congress unconstitutional