| A | B |
|---|
| federalism | is a structure of government where power is divided between the federal, or national, government and the state governments. Within each state, the local governments are under the authority of the state government. All levels of government pass their own laws, have their own agencies and officials to implement these laws, and have court systems to interpret laws. |
| Amendments | are changes to the original document. The Constitution has been amended 27 times since it was ratified; some amendments describe the people’s individual rights, while others modify some of the rules or structure for government. Several amendments extend the right to vote to former enslaved persons, women, residents of the District of Columbia, and young people between the age of 18 and 21. |
| Bill of Rights | are the first ten amendments to the Constitution and they list the rights of Americans to speak and worship freely, bear arms, be free from unjustified government searches, and have fair criminal trials, among others. |
| Articles of the Constitution | are seven main sections each of which covers a different topic about how the government is structured. Most of the articles are divided into sections. Articles I, II, and III create the three branches of the national government—the legislative, executive, and judicial branches, respectively. Article IV explains the relationship of the states to one another and to the national government. Article V explains the ways that the Constitution can be amended, or changed. Article VI establishes the Constitution as "the supreme Law of the Land," and Article VII addresses ratification. |
| Supremacy Clause | is part of Article VI which establishes the Constitution and federal laws as "the supreme Law of the Land" |
| Checks and Balances | is the system through which each of the three separate branches exercises some control over the other two. For example, Congress passes laws, but the president can check that power by vetoing (rejecting) legislation. That veto power is balanced by the power of Congress to override a veto by a two-thirds vote of each chamber. The judicial branch checks the power of Congress and the executive by ruling on the constitutionality of laws and actions of the other two branches, but the judicial branch’s power can be checked by the Article V procedures for amending the Constitution. |
| veto power | lets the president (leader of the executive branch) check that power of the legislative branch by vetoing (rejecting) legislation. |
| Ratify | is to approve. The Constitution was ratified and became the U.S. plan for government. 27 amendments have been ratified and they carry the same weight as the original seven Articles in the Constitution. |
| Federalist Papers | written by James Madison, Alexander Hamilton, and John Jay to rally support for the ratification of the Constitution. One of their most persuasive arguments was that the Constitution balanced power between states and the national government and created three separate branches of government to divide its powers. The structure and functions of government as laid out in the Constitution made it impossible for one person—or even a small group—to have absolute power. |
| Legislative Branch | Article I describes the legislative branch. Congress is responsible for passing laws and is divided into two houses (bicameral): the House of Representatives and the Senate. |
| House of Representatives | is the voice of the people, directly elected by popular vote; representation in the House is based on each state’s population |
| Senate | has the same number of representatives from each state. Initially, senators were elected by state legislatures, but in 1913 the Seventeenth Amendment was ratified, which called for the direct election of senators by popular vote. |
| Congress | is the legislative branch at the national level. It includes the Senate and the House of Representatives. Its main duty is to make laws. |
| enumerated powers | are powers of Congress which are listed in Article 1, Section 8, and explain what kinds of laws Congress can make. These are called enumerated powers, because the Constitution lists them by number, 1 through 18. These enumerated powers include economic matters—the powers to levy taxes, borrow money, coin money, punish counterfeiting, and regulate commerce. They also include issues of national defense, including the power to declare war, raise and support armed forces, and organize the militia. Congress is also given the power to naturalize citizens and establish post offices and courts. |
| elastic clause | is the final enumerated power and it says that Congress has the authority to “make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers….” This clause is sometimes called the elastic clause, because it lets Congress stretch its powers to meet situations that the Founders could not anticipate. |
| Thomas Jefferson | in a letter to James Madison, wrote “I like the organization of the government into Legislative, Judiciary & Executive. I like the power given the Legislature to levy taxes, and for that reason solely approve of the greater house being chosen by the people directly. For tho' I think a house chosen by them will be very illy qualified to legislate for the Union, for foreign nations &c. yet this evil does not weigh against the good of preserving inviolate the fundamental principle that the people are not to be taxed but by representatives chosen immediately by themselves.” He approved of the direct election of members of the House of Representatives by citizens |
| direct election | of the House of Representatives by citizens was in the original Constitution. The Senate became directly elected after the 17th Amendment was ratified. |
| Executive Branch | Article II describes the Executive Branch. It is headed by the president and vice president and includes numerous executive departments that carry out or enforce the laws passed by Congress. The Constitution does not specify how many departments there should be. There are currently 15 executive departments, including the Department of Justice, the Department of Education, the Department of the Treasury, and many others. The leaders of these departments report to the president and advise him or her about their areas of responsibility. |
| president | is the head of the executive branch at the national level of government. Most of the specific powers of the president are defined in Article II, Sections 2 and 3. The Constitution says the president has the power to grant pardons, make treaties, and appoint ambassadors, Supreme Court justices, and other government officials. A president can also fire officials in the executive branch, make agreements with foreign nations, or take emergency actions to save the nation. |
| vice president | is under the president in the executive branch and is the first person in the line of succession if something happens to the president. The Vice President’s main role is to preside over the Senate and votes only in the case of a tie. |
| Judicial Branch | Article III of the Constitution establishes the federal court system. It names the Supreme Court, and then gives Congress the authority to establish “inferior” courts. The main duties of the judicial branch is to interpret the Constitution and punish law breakers. |
| federal courts | The Constitution created the federal court system, which hears cases about the U.S. Constitution, federal law, foreign treaties, international law, and bankruptcies.Federal courts are the body of the judicial branch. |
| judicial review | the courts’ ability to interpret the Constitution and overturn laws that violate the Constitution. The Supreme Court first exercised judicial review in 1803, in its decision in the case of Marbury v. Madison, which concerned the Judiciary Act of 1789. By asserting the power of judicial review, the judicial branch was elevated to a status equal to the other two branches of government. |
| judiciary | Both state and federal governments have a judiciary. These are made up of courts to uphold state and federal laws. |
| interpretation | one of the major functions of the judicial branch is to interpret the meanings of the Constitution and laws. |
