Vocabulary Builder: The Constitution
Bicameral legislature - a two-house legislature.
Checks and balances - a key aspect of the Constitution of the United States protecting the balance of power among the three branches of government. The concept was first promoted by James Madison in the Federalist Papers.
Concurrent power - power shared by the state and federal government, such as the power to tax.
Elastic clause - found in Article I Section 8 of the Constitution, it gives Congress the power to make "all laws necessary and proper" to carry out the other defined powers of Congress.
Electoral college - consists of presidential electors from each state. The number of electors is based on the state's population. The states with the greatest population have the most electoral votes. When the voter casts a vote for president, in reality the vote goes to one of the presidential electors designated by the candidate in that state. The number of electors for each state equals the number of senators and representatives that state has in Congress. The candidate with a majority of the electoral votes is elected to office. If no candidate receives a majority, the House of Representatives will determine the outcome of the election.
Enumerated powers - delegated powers of Congress, including the power to collect taxes, pay debts, provide for the common defense and general welfare, regulate commerce among the states, coin money, and declare war.
Ex post facto laws - laws that take effect after the act takes place. Congress is prohibited from enacting this type of legislation.
Executive privilege - the ability of the president to protect personal material.
Federalism - the overall division of power between the federal government and state governments; as defined in the Tenth Amendment of the Constitution. It specifically tells the states that they have reserved powers. Powers not delegated to the government by the Constitution are given to the respective states.
Full faith and credit - phrase used to describe the mutual respect and legality of laws, public records, and judicial decisions made by states.
Implied powers - Those powers in the Constitution that are not listed or delegated. An example of an implied power is the Elastic Clause, giving Congress the right to make laws that are "necessary and proper."
Inherent power - assumed poewrs of the president not specifically listed in the Constitution. Inherent powers are derived from the president's role as chief executive.
Judicial review - derived from the Marbury v. Madison decision, it gives the Supreme Court the power to interpret the Constitution and specifically acts of Congress, the president, and the states.
Preamble - the introduction to the Constitution, outlining the goals of the document.
Privileges and immunities - the guarantees that the rights of a citizen in one state will be respected by other states. Also a clause in the Fourteenth Amendment that protects citizens from abuses by a state.
Recess appointment - A presidential appointment made when the Congress is not in session that usually lacks enough votes in the Senate for confirmation. The position must be confirmed by the Senate by the end of the next session of Congress, or the position becomes vacant.
Reserved Power clause - found in the Tenth Amendment, it gives states poewrs not delegated to the national government.
Separation of powers - originally developed by Montesquieu in The Spirit of Natural Laws written during the Enlightenment and used by James Madison in Federalist No. 48. This important doctrine resulted in the establishment of three separate branches of government - the legislative, executive, and judicial branches, each having distinct and unique powers.
Supremacy clause - clause that states that "the Constitution, and the laws of the United States...shall be the supreme law of the land."
Unwritten constitution - traditions, precedent, and practice incorporated into our form of government that add to the Constitution's elasticity and its viability. Political parties, the president's cabinet, political action committees, and the federal bureaucracy are important examples.
Writ of habeas corpus - right that safeguards a person from illegal imprisonment. Habeas corpus is Latin for "you should have the body." It refers to the writ requiring that a person be brought before a court to determine whether he is being detained legally.
Checks and balances - a key aspect of the Constitution of the United States protecting the balance of power among the three branches of government. The concept was first promoted by James Madison in the Federalist Papers.
Concurrent power - power shared by the state and federal government, such as the power to tax.
Elastic clause - found in Article I Section 8 of the Constitution, it gives Congress the power to make "all laws necessary and proper" to carry out the other defined powers of Congress.
Electoral college - consists of presidential electors from each state. The number of electors is based on the state's population. The states with the greatest population have the most electoral votes. When the voter casts a vote for president, in reality the vote goes to one of the presidential electors designated by the candidate in that state. The number of electors for each state equals the number of senators and representatives that state has in Congress. The candidate with a majority of the electoral votes is elected to office. If no candidate receives a majority, the House of Representatives will determine the outcome of the election.
Enumerated powers - delegated powers of Congress, including the power to collect taxes, pay debts, provide for the common defense and general welfare, regulate commerce among the states, coin money, and declare war.
Ex post facto laws - laws that take effect after the act takes place. Congress is prohibited from enacting this type of legislation.
Executive privilege - the ability of the president to protect personal material.
Federalism - the overall division of power between the federal government and state governments; as defined in the Tenth Amendment of the Constitution. It specifically tells the states that they have reserved powers. Powers not delegated to the government by the Constitution are given to the respective states.
Full faith and credit - phrase used to describe the mutual respect and legality of laws, public records, and judicial decisions made by states.
Implied powers - Those powers in the Constitution that are not listed or delegated. An example of an implied power is the Elastic Clause, giving Congress the right to make laws that are "necessary and proper."
Inherent power - assumed poewrs of the president not specifically listed in the Constitution. Inherent powers are derived from the president's role as chief executive.
Judicial review - derived from the Marbury v. Madison decision, it gives the Supreme Court the power to interpret the Constitution and specifically acts of Congress, the president, and the states.
Preamble - the introduction to the Constitution, outlining the goals of the document.
Privileges and immunities - the guarantees that the rights of a citizen in one state will be respected by other states. Also a clause in the Fourteenth Amendment that protects citizens from abuses by a state.
Recess appointment - A presidential appointment made when the Congress is not in session that usually lacks enough votes in the Senate for confirmation. The position must be confirmed by the Senate by the end of the next session of Congress, or the position becomes vacant.
Reserved Power clause - found in the Tenth Amendment, it gives states poewrs not delegated to the national government.
Separation of powers - originally developed by Montesquieu in The Spirit of Natural Laws written during the Enlightenment and used by James Madison in Federalist No. 48. This important doctrine resulted in the establishment of three separate branches of government - the legislative, executive, and judicial branches, each having distinct and unique powers.
Supremacy clause - clause that states that "the Constitution, and the laws of the United States...shall be the supreme law of the land."
Unwritten constitution - traditions, precedent, and practice incorporated into our form of government that add to the Constitution's elasticity and its viability. Political parties, the president's cabinet, political action committees, and the federal bureaucracy are important examples.
Writ of habeas corpus - right that safeguards a person from illegal imprisonment. Habeas corpus is Latin for "you should have the body." It refers to the writ requiring that a person be brought before a court to determine whether he is being detained legally.
