| 5886267279 | Popular Sovereignty | -The government gets its power to rule from the people | | 0 |
| 5886269267 | Limited Government | -The government is not all powerful; its powers are limited by the Constitution | | 1 |
| 5886271562 | Separation of Powers | -The legislative, executive, and judicial powers are divided among three independent and coequal branches of government | | 2 |
| 5886275356 | Checks and Balances | -The system of overlapping the powers of the three branches to permit each branch to "check" the power of the others so that one branch does not become too powerful | | 3 |
| 5886278132 | Judicial Review | -Power of the courts to determine the constitutionality of the actions of the legislative and executive branches (Marbury v. Madison) | | 4 |
| 5886280868 | Federalism | -The division of power among a national government and state governments | | 5 |
| 5886285419 | Federalism in Action (Delegated or Expressed Powers) | -Those powers granted to the national government in the Constitution
-To declare war, raise and maintain armed forces, regulate foreign and interstate trade, print and coin money, conduct foreign affairs, etc. | | 6 |
| 5886290596 | Federalism in Action (Reserved Powers) | -The powers held by the states in the federal system
-Determine qualifications for voters, conduct elections, govern marriage and divorce laws, public schools, license professionals, etc. | | 7 |
| 5886316417 | Federalism in Action (Concurrent Powers) | -Those powers that both the national and state governments possess
-To collect taxes, to make and enforce laws, establish and maintain courts, etc. | | 8 |
| 5886323355 | Federalism in Action (Powers denied to both Federal and State Governments) | -Ex Post Facto Laws
-Laws that apply to actions occurring before the law was passed
-Bills of Attainder
-Sentence a person to jail without a fair public trial
-Levy taxes on exports
-Pass any law that violates the US Constitution
-Grant titles of nobility | | 9 |
| 5886331461 | Legislative Branch | Makes the LAWS
-National
-Congress (Senate and House of Representatives)
-State
-General Assembly (Senate and House of Representatives)
-Local
-City Council, County Commissioners | | 10 |
| 5886339170 | Judicial Branch | Interprets the laws and JUDGES them
-National
-District courts ->
-US Court of Appeals ->
-US Supreme Court
-State
-Trial Courts ->
-District (misdemeanors)
-Superior (felonies)
-Appeals Courts ->
-NC Supreme Court | | 11 |
| 5886357997 | Executive Branch | ENFORCES the laws
-National
-President
-State
-Governor
-Local
-County: City Manager
-Hired by county commissioner
-City/Town: Mayor | | 12 |
| 5886371925 | The Checks and Balances System | -Executive -> Judicial
-Pardon people convicted of federal crimes
-Nominates officers of the US government and federal judges
-Judicial -> Executive
-Can declare executive actions unconstitutional
-Executive -> Legislative
-Propose laws
-Veto laws
-Call special sessions of Congress
-Can appeal directly to the public
-Legislative -> Executive
-Approves budget
-Overrides presidential veto with 2/3 vote of both houses
-Can impeach president and other federal officials
-Senate tries all impeached officials
-Senate approves all presidential appointments and treaties
-Legislative -> Judicial
-Congress can propose constitutional amendments to counter Supreme Court rulings
-Sets the number, location, and jurisdiction of federal courts
-Judicial -> Legislative
-Can declare laws unconstitutional |  | 13 |
| 5886430656 | Provisions | Part of the US Constitution | | 14 |
| 5886430657 | Preamble | -Introduction
-Explains the purposes of the document
-To....
-Form a more perfect union
-Establish justice
-Insure domestic tranquility
-Provide for the common defense
-Promote the general welfare
-Secure the blessings of liberty for current and future generations | | 15 |
| 5886454338 | US Constitution (Article I) | Discusses Legislative branch
-Necessary and Proper Clause (Elastic Clause)
-Basis for Congress' implied powers
-Includes listing of powers denied to Congress | | 16 |
| 5886459226 | US Constitution (Article II) | Discusses Executive branch | | 17 |
| 5886461711 | US Constitution (Article III) | Discusses Judicial branch | | 18 |
| 5886463732 | US Constitution (Article IV) | Discusses relations among states
-"Full Faith and Credit Clause"
-Each state must respect the laws, records, and court decisions of every other state | | 19 |
| 5886479384 | US Constitution (Article V) | Provides for the methods by which formal changes (amendments) can be made | | 20 |
| 5886483846 | US Constitution (Article VI) | -Supremacy Clause
-Declaration of the supremacy of federal law over any and all state laws | | 21 |
| 5886487920 | US Constitution (Article VII) | Provides for the method by which the Constitution would be ratified (approved) by the states | | 22 |
| 5886501096 | The Legislative Branch | -US Congress
-Bicameral (two houses)
-House of Representatives
-435 members (#/state based on population)
-Our representative is David Price
-Lower house
-Senate
-100 members (2/state)
-Upper house
-Qualifications
-House of Representatives
-25 years+
-Resident of state from which elected
-US citizen
-Senate
-30 years+
-Resident of state from which elected
-US citizen
-Terms of Office (unlimited)
-House of Representatives
-2 years
-Senate
-6 years | | 23 |
| 5886525186 | Legislative Leaders | -President of the Senate
-Also the VP
-Not a senate member
-Only votes to break a tie
-President pro tempore
-Presides most often in VP's absence
-Speaker of the House (Nancy Pelosi currently - first female)
-Elected by the House
-Serves as presiding officer, maintains order
-Is a House member
-May vote on any issue, must vote to break a tie | | 24 |
| 5886562487 | Legislative Leaders (Continued) | -Majority Leader
-Plans the order of business on the floor for the majority party
-Minority Leader
-Represents the minority party
-Party whip
-Checks with party members and advises the floor leader of the number of votes that can be counted on in any matter
-Committee Chairperson
-Member of the majority party with the most seniority (years of service) who chairs a committee, making key decisions about the treatment of a bill | | 25 |
| 5886575719 | Powers of Congress | -Passes laws (both)
-Confirms/rejects presidential appointments (senate)
-Declares war and makes peace (both)
-Impeaches federal government officials (house brings charges, senate holds trial)
-Ratifies treaties (senate)
-Overrides vetoes (2/3 vote both)
-Finances government (all spending bills -> appropriation bills, must start in the house)
-Approves the coining of money | | 26 |
| 5886589279 | Steps in Making a Law | 1) A bill is introduced by a member in one of the houses
-It is given a title and printed
-Leader of the house sends it to the appropriate committee
2) The bill is studied by the house committee
-Committee holds hearings on bill
-May amend, rewrite, pigeon hole (ignore), or approve bill
-If bill is approved, committee sends it to full house with a favorable report
3) The bill is debated and approved or rejected by full house
-The bill may be amended, returned to committee for more revisions, rejected, or approved
-If majority of members approve the bill, it is passed and sent to the other house
4) The approved bill is sent to the other house
-Given title and read
-Sent to appropriate committee
5) The bill is studied by committee
6) If sent by committee, debated and approve or rejected by second house
7) The bill is sent to a joint conference committee if there are differences in the House and Senate versions of the bill. Both houses must approve the same conference committee version of the bill.
8) If bill is approved by both houses, it's then sent to the president.
-The president signs or vetoes the bill
-Pocket veto
-President ignores bill and congress goes out of session within 10 days
-Congress can override the veto with a 2/3 vote in each house | | 27 |
| 5886632371 | Ways in which a Law may be Changed | 1) A new law may be approved which replaces the former law
2) Laws may be repealed or abolished by Congress
3) Laws may be declared unconstitutional and revoked as a result of judicial review and interpretation
4) Citizens may collect a required number of signatures to force a REFERENDUM (legislature refers a piece of legislation to the people to approve/reject through vote) or INITIATIVE (citizens draft a proposed law and it goes on the ballot) | | 28 |
| 5886670798 | Types of Laws | -Statutory Laws
-Made by law-making bodies
-Common Law
-Developed from common practice and customary ways of dealing with problems
-Administrative Law
-Made by governmental agencies or departments
-Constitutional Law
-Based on the Constitution and the interpretations of the Constitution as described by Supreme Court decisions | | 29 |
| 5886685391 | The Executive Branch | The -Components
-President
-VP
-Executive Departments (15)
-Cabinet (heads/secretaries of departments)
-Qualifications
-35 years old+
-Natural-born citizen
-US resident for 14 years+ consecutively
-Terms of Office
-4 years (max. 2 terms because of the 22nd amendment)
-Cabinet
-Composed of the 15 executive department heads
-Advises the president
-Appointed by the president; approved by the Senate
-Serves as long as the appointing president is in office and wants the member to serve
-15 Executive Departments
-Include State, Treasury, Defense, Education, Justice, Labor, Commerce, etc. | | 30 |
| 5886720770 | Functions and Powers of the Executive Branch | -See that all laws are carried out (enforced)
-Approves/vetoes bills passed by Congress
-Commands armed forces
-Develops and carries out foreign policy (our relationship with other nations)
-Appoints ambassadors and federal judges
-Proposes laws and programs to Congress
-Prepares federal budget
-Grants pardons
-Administers federal programs and services through Cabinet departments
-May call Congress into special session | | 31 |
| 5886740015 | Presidential/Vice Presidential Elections | -Primaries and Caucuses are held to decide the delegate who will attend the party's national convention.
-Delegates at each party's convention nominate a candidate to represent their party in the general election
-In the General Election, voters select their choice of nominated candidates
-The Electoral College actually chooses the President
-Each state is allotted as many electoral votes (electors) as it has senators and representatives (senators + representatives = electoral votes -> NC has 15)
-Every state has at least 3 votes
-Total of 538 electoral votes; candidate must receive a majority 270 (435 in House, 100 in Senate, 3 for D.C.)
-If no candidate wins a majority, the House chooses the president. Each state gets one vote. Two elections have been decided by the House. | | 32 |
| 5886788325 | The Judicial Branch | -Function
-To interpret the laws and Constitution
-Components (lowest to highest)
-District Courts
-Trial courts
-Original jurisdiction
-Judge or jury trial
-US Courts of Appeal (Circuit Courts)
-Hear cases on appeal from lower courts (appellate jurisdiction)
-3 judge panels
-No juries
-Decisions: Reverse, uphold, or remand (send back to be tried again)
-US Supreme Court
-Final appeals court
-Original jurisdiction in cases dealing with ambassadors and in disputes between states
-Interprets laws
-Determines constitutionality of acts of other branches (judicial review) | | 33 |
| 5886801896 | Terms of Office | -For life, or until resigns/impeachment | | 34 |
| 5886810942 | Appointment Process | -Appointed by the President
-Approved/confirmed by the Senate | | 35 |
| 5886817508 | Majority Opinion | -Written statement by a majority of the justices in support of a decision made by the court (the winning side) | | 36 |
| 5886819114 | Minority Opinion (Dissenting Opinion) | -Written statement not supporting the opinion | | 37 |
| 5886825599 | Concurring Opinion | -When a justice votes with the majority but for a different reason | | 38 |
| 5886835089 | Writ of Habeas Corpus | -Court order that a prisoner be brought before the court to determine if the imprisonment is lawful. | | 39 |
| 5886837076 | Writ of Certiorari | -Order issued by a higher court directing a lower court to send up the record of a case for its review | | 40 |
| 5886840402 | Due Process of Law | -Constitutional guarantee that the government will not deprive any person of their natural rights by any unfair action (substantive due process - 14th amendment) and that the government must act in accordance with established rules (procedural due process - 5th amendment) | | 41 |
| 5886844359 | Criminal Law | -Body of law that defines crimes and their punishments
-The government is the accuser (prosecutor) | | 42 |
| 5886847101 | Civil Law | -Body of law relating to human conduct, including disputes between private persons (private individual is the plaintiff) | | 43 |
| 5886849683 | Defendant | -In a civil case the person who has been accused of wrongdoing
-In a criminal case the person the government has charged with a crime | | 44 |
| 5886852648 | Misdemeanor | Minor crime (vandalism, parking violations, trespassing, etc.) | | 45 |
| 5886853882 | Felony | Serious crime (murder, rape, kidnapping, etc.) | | 46 |
| 5886858281 | Court Proceedings | -First Court Appearance
-Judge/magistrate determines whether probable cause exists and decides whether to release the accused
-Probable Cause Hearing
-Evidence is presented to determine whether the case should go to trial
-May be in the form of a grand jury or a preliminary hearing.
-Arraignment
-Formal charges read to defendant
-Defendant enters plea
-Jury Selection
-Attorneys question prospective jurors
-Trial or Agreement
-Plea bargain: A guilty plea is submitted in return for a lesser charge
-Probation: An alternative to prison, offender must follow certain conditions
-Parole: The conditional release
Acquit: To find not guilty | | 47 |
| 5886889698 | Marbury v. Madison | -Established judicial review
-Declared Judiciary Act of 1789 unconstitutional | | 48 |
| 5886891523 | McCulloch v. Maryland | -National government is supreme in conflict between national and state power | | 49 |
| 5886897483 | Gibbons v. Ogden | -Congress regulates interstate commerce | | 50 |
| 5886898285 | Gideon v. Wainwright | -Person accused of a major crime has the right to an attorney | | 51 |
| 5886900098 | Miranda v. Arizona | -At the time of arrest suspects must be informed of their rights before questioning | | 52 |
| 5886901248 | Mapp v. Ohio | -Evidence obtained during an illegal search cannot be used | | 53 |
| 5886901982 | Plessy v. Ferguson | -Established the principle of separate but equal | | 54 |
| 5886906853 | Brown v. Board of Education of Topeka | -Overturned Plessy
-Began school integration | | 55 |
| 5886909331 | Swann v. Charlotte Mecklenburg Board of Education | -Using busing to desegregate schools is okay | | 56 |
| 5886915019 | Korematsu v. US | -Internment camps upheld
-Government can infringe on civil liberties for national security | | 57 |
| 5886916298 | Heart of Atlanta Motel v. US | -Prohibits racial discrimination under the commerce clause | | 58 |
| 5886919262 | Regents of the University of California v. Bakke | -Affirmative action cannot include quotas | | 59 |
| 5886925304 | Roe v. Wade | -Legalized abortion | | 60 |
| 5886925305 | Furman v. Georgia | -Death penalty is unconstitutional when it is not applied equally | | 61 |
| 5886927135 | Gregg v. Georgia | -Death penalty is not cruel and unusual if it is applied with procedures | | 62 |
| 5886928784 | Engel v. Vitale | -School prayer violates the establishment clause | | 63 |
| 5886929648 | Tinker v. Des Moines | -Students can wear symbolic speech to protest in school | | 64 |
| 5886931580 | Hazelwood School District v. Kuhlmeier | -Inappropriate school newspaper articles can be censored | | 65 |
| 5886932846 | New Jersey v. T.L.O. | -School has the right to search if it is "reasonable" | | 66 |
| 5886936625 | Bethel School District v. Frasier | -Inappropriate school speech can be prohibited | | 67 |
| 5886937438 | Texas v. Johnson | -It's legal to burn the US flag | | 68 |
| 5886942985 | Amending the Constitution | -Proposed by
-Congress (2/3 vote in each house)
-OR National Convention (called by congress at request of two thirds of the state legislatures)
-Ratified by
-Legislatures (of 3/4 of states)
-OR Conventions (in 3/4 of states)
-Amendment added to the Constitution
-26 of 27 amendments were proposed by Congress and ratified by State Legislatures | | 69 |
| 5886998799 | Amendments to the US Constitution (13th) | -Abolished slavery | | 70 |
| 5886999530 | Amendments to the US Constitution (14th) | -Defines citizenship
-Due process protections
-Equal protection clause | | 71 |
| 5887000773 | Amendments to the US Constitution (15th) | -No denial of vote due to race, color, or previous condition of servitude | | 72 |
| 5887001749 | Amendments to the US Constitution (18th) | -Prohibition of alcoholic beverages | | 73 |
| 5887003711 | Amendments to the US Constitution (19th) | -Gave women the right to vote (suffrage) | | 74 |
| 5887004742 | Amendments to the US Constitution (21st) | -Repeal of the 18th amendment | | 75 |
| 5887006120 | Amendments to the US Constitution (24th) | -Outlawed poll taxes (paying money to vote) | | 76 |
| 5887007511 | Amendments to the US Constitution (26th) | -Gave 18 year olds the right to vote | | 77 |
| 5887011639 | Informal Ways of Amending the Constitution | -Passage of basic legislation
-Laws spell out brief provisions
-How Congress uses its powers
-Actions taken by the President
-How the President uses his or her powers (e.g. Executive agreement avoids need for Senate approval)
-Decisions of the U.S. Supreme Court
-Interpret the meaning of the Constitution
-Activities of political parties
-Not mentioned in the Constitution (the executive cabinet) | | 78 |
| 5887022354 | Interpretation of the Constitution | -Strict Constructionist
-One who advocates a narrow interpretation of the Constitution's provisions, in particular those granting power to the government
-Loose Constructionist
-One who believes that the provisions of the Constitution are to be constructed in broad terms (liberal constructionist) | | 79 |