Marbury vs. Madison
Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Judicial system to interpret what the Constitution permits.
What are the list of checks and balances that Congress (Legislative) has?
- ~Approving the federal budget.
- ~Can override presidential veto by 2/3 vote of both houses and can propose constitutional amendments to counter Supreme Court ruling.
- ~House can impeach president, other federal officials including federal judges.
- ~Senate approves treaties
- ~Senate tries all impeachments
- ~Determines number, location, and jurisdiction of federal courts.
- ~Senate confirms senior federal appointments, including federal judges.
- ~Passes laws.
What checks and balances do Supreme Court and the Lower Courts(Judicial) have?
- ~Can declare executive actions and laws unconstitutional
- ~Interprets laws
What checks and balances do the President(Executive) have?
- ~Can propose laws
- ~Can veto laws
- ~Can call special sessions of Congress
- ~Can appeal directly to public
- ~Can pardon people convicted of federal crimes(excluding impeachment)
- ~Nominates officers of he U.S. Government and federal judges
What is the originalist approach?
An approach to constitutional interpretation that envisions the document as having a fixed meaning that might be determined by a strict reading of the text or the framers intent.
What is an adaptive approach?
An method used to interpret the Constitution that understands the document to be flexible and responsive to the changing needs of the times.
What is executive privilege?
The power to keep executive communications confidential, especially if they relate to national security.
What is impoundment?
The President's refusal to allow an agency to spend funds that Congress authorized and appropriated.
What is executive order?
A directive issue by a president of governor hat has the force of law.
What is impeachment?
A formal accusation by the lower house of a legislature against a public official; the first step in removal from office.
Methods of Proposal
- ~By 2/3 vote in both houses of Congress.
- ~By national constitutional convention called by Congress at the request of 2/3 of the state legislatures.
Methods of Ratification
- ~By legislatures in 3/4 of the states.
- ~By ratifying conventions in 3/4 of the states
What is Judicial Review?
The power of a court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.
Anti federalist is one who...
goes against in a strong central government generally. (conservative)
Federalist is one who...
believes in a strong central government.
What is the writ of mandamus?
a court order directing an official to perform an official duty.
What is congressional elaboration?
Congressional legislation that gives further meaning to the Constitutional based on the sometimes vague constitutional authority, such as the necessary and proper clause.
What is the 13th Amendment?
Ratified almost immediately after the end of the Civil War, this abolished slavery in the United States, removing America’s original sin and fundamentally changing the nation’s character.
What is the 14th Amendment?
Makes the citizenship of former slaves part of the constitution, removing any potential legal challenges or clever legislative devices to deny the benefits of freedom to those formerly held as slaves.
What is the 15th Amendment?
Makes it unconstitutional to restrict voting based on race. Another Reconstruction amendment codifying the rights of former slaves.
What is the 19th Amendment?
Makes it unconstitutional to restrict voting based on gender. Giving women the right to vote took until 1920 – fifty years after African-Americans got the vote.
How many Amendments are there in total?
There is a total of 27.