Chapter 2 AP Gov - The Constitution

Last update by hchristinex on 02/03/2013
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Separation of Powers

Answer:
A way of dividing the power of the govt among the legislative, executive, and judicial branches. Each staffed separately, with equality and independence.

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    The legislative branch
    The Legislative Branch consists of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.
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    The executive branch.

    Found in Article II. The power of the Executive Branch is vested in the President of the United States, who also acts as head of state and Commander-in-Chief of the armed forces. The President is responsible for implementing and enforcing the laws written by Congress and, to that end, appoints the heads of the federal agencies, including the Cabinet. The Vice President is also part of the Executive Branch, ready to assume the Presidency should the need arise.

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    The Judicial Branch
    Found in article 3. Where the Executive and Legislative branches are elected by the people, members of the Judicial Branch are appointed by the President and confirmed by the Senate.
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    Article IV: The Full Faith and Credit Clause
    Addresses the duties of the states within the U.S. to respect and enforce judicial rulings of other states.
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    Article VI Supremacy Clause
    If a state law and a federal law are in conflict or inconsistent with each other, the provisions of the federal law are in control.
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    Marbury vs. Madison (1803)

    Confirms the legal principle of judicial review--the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional.

    The court ruled that the new president, Thomas Jefferson via his secretary of state,James Madison, was wrong to prevent William Marbury from taking office as justice of the peace for Washington County in the District of Columbia. However, it also ruled that the court had no jurisdiction in the case and could not force Jefferson and Madison to seat Marbury.

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    Judicial Review
    The power of the Supreme Court to decide whether a law enacted by a legislature is constitutional or not.
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    Enumerated powers
    Seventeen specific powers granted to Congress under Article 1, section 8 of the Constitution.
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    Necessary and Proper Clause
    Gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers. Also called the elastic clause.
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    Implied Powers
    Powers derived from the enumerated powers and the necessary and proper clause. Theses powers are not stated specifically but are considered to be reasonably implied.
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    McCulloch v. Maryland (1819)
    The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause.