Due Process
a representative political system in which authority comes from the people and is exercised by elected officials
Checks and Balances
a system in which each branch of government can limit the power of the other branches
Federalism
a system of government in which power is divided between a central government and a smaller regional government
Independent Judiciary
a system of judges and courts that is separate from other branches of government. Such a judiciary is not controlled by politicians and can exercise independent judgment
Strict Construction
a literal approach to interpreting the Constitution, using the exact words of the document
Loose Construction
a flexible approach to interpreting the Constitution, taking into account current conditions of society
Judicial Law
the power of the courts to declare laws and executive acts unconstitutional. the supreme court is the ultimate judge of whether a government actions conforms to the Constitution
Six guiding principles of the constitution
Popular sovereignty, rule of law, separation of powers, federalism, independent judiciary, and individual rights
Enumerated Powers
The powers explicitly given to Congress in the Constitution.
Implied Powers
powers legislature can claim as part of its lawmaking responsibility
Elastic Clause
the part of the Constitution that permits Congress to make any laws "necessary and proper" to carrying out its powers
Marbury vs. Madison
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, in
Mcculloh vs. Maryland
The state of Maryland taxed banknotes produced by the Bank of the United States, claiming that the Bank was unconstitutional. Using implied powers, Marshall countered that the Bank was constitutional and ruled that Maryland was forbidden from taxing the B
United States vs. Nixon
The 1974 case in which the Supreme Court unanimously held that the doctrine of executive privilege was implicit in the Constitution but Could not be extended to protect documents relevant to criminal prosecutions.
Executive Branch
the branch of government, headed by the president, that carries out the nation's laws and policies
Legislative Branch
the branch of the United States government that has the power of legislating, The legislative branch creates the laws. There are two houses in it. One is the Senators. There are two senators per state. There is also a House of represenitives. The amount o
Judicial Branch
The branch of government that interprets laws
Supremacy Clause
The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws.
Goss vs. Lopez
constitutional due process required in suspensions of 10 days requires oral or written notice and opportunity for student to explain
Article 1
defines the Legislative Branch, it's powers, members, and workings.
Article 2
defines the Executive Branch, it's powers, duties, and means of removal.
Article 3
Article of the Constitution that sets up the Judicial Branch and defines treason.
Article 4
relations among states
Article 5
Article of the Constitution that sets up the amendment process.
Article 6
Article of the Constitution that sets the status of the Constitution as the supreme law of the land, to which leaders must be loyal.
Article 7
Details the method for ratification, or acceptance, of the Constitution: of the original 13 states in the United States, nine had to accept the Constitution before it would officially go into effect.