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American Constitution Vocab
Vocabulary from the Preamble through Ammendment 1
62
History
Undergraduate 1
10/08/2010

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Term
Preamble
Definition
A clause at the beginning of a constitution or statue that explains the reasons for its passage.
Term
Popular Sovereignty
Definition
Principle that the people are the source of all governmental power.
Term
Separation of Powers
Definition
The constitutional doctrine of dividing governmental power among the legislative, executive, and judicial branches.
Term
Checks and Balances
Definition
The Constitutional doctrine in which each branch of government shares some of the powers of the other branches in order to limit their actions.
Term
Reapportionment
Definition
The Process by which Congress allocates the number of representatives for each state, based on changes in the census.
Term
Redistricting
Definition
The process by which each state draws the boundaries of its congressional districts, according to the number of representatives allocated by Congress.
Term
Impeachment
Definition
The process by which a civil officer of the United States is charged with wrongdoing.
Term
Quorum
Definition
The number of members in a group required to be present to carry out official business.
Term
Filibuster
Definition
Unlimited and often irrelevant debate on a bill designed to prevent a vote on its passage.
Term
Cloture
Definition
A procedural motion to end a debate on a bill.
Term
Conference Committee
Definition
A joint committee of both houses of Congress that proposes compromise legislation when there are disagreements on bills.
Term
Veto
Definition
The president's power to reject a bill passed by Congress.
Term
Pocket Veto
Definition
The power of the president to prevent passage of a bill by refusing to sign it during an adjournment of Congress.
Term
Line item veto
Definition
The power to reject specific provisions in a law without defeating the entire bill.
Term
Legislative Veto
Definition
The practice by which Congress voids actions of executive branch agencies or officials.
Term
Enumerated Powers
Definition
The powers of the national government specifically listed in the Constitution.
Term
Implied Powers
Definition
Those powers not specifically listed in the Constitution that can be inferred from the enumerated powers.
Term
Inherent Powers
Definition
Those powers that belong to the government of a sovereign state.
Term
Duties
Definition
Taxes on imports.
Term
Imposts
Definition
Taxes on imports or general taxes.
Term
Excises
Definition
Taxes on domestic consumption of goods and services. (Sales Tax)
Term
Letters of marque and reprisal
Definition
Authorization to attack the shipping of an enemy state without being punished as a pirate.
Term
Habeas Corpus
Definition
A court order directing that an officer who has custody of a prisoner show cause why the prisoner is being held.
Term
Bill of Attainder
Definition
A legislative act that punishes a person without a trial.
Term
Ex post facto laws
Definition
Those that crminalize actions after the fact.
Term
Direct Taxes
Definition
Most commonly, taxes based on the value of land, as opposed to those based on privileges or uses.
Term
Executive Privilege
Definition
Doctrine that the president does not have to share certain information with Congress or the judiciary.
Term
Cabinet
Definition
The president's selected advisors, usually consisting of the heads of the executive departments.
Term
Bureaucracy
Definition
A large and complex administrative organization.
Term
Advice and Consent
Definition
The constitutional power of the Senate to approve treaties and presidential appointments.
Term
Judicial Review
Definition
The power of the courts to declare a law or an act of the executive unconstitutional.
Term
Judicial Restraint
Definition
Philosophy under which judges avoid overturning statutes and precedents.
Term
Judicial Activism
Definition
Philosophy under which judges do not avoid overturning statutes and precedents.
Term
Strict Construction
Definition
Policy of construing the Constitution's text narrowly to limit the goverment power.
Term
Loose Contstruction
Definition
Policy of construing the Constitution's text broadly to allow flexible government power.
Term
Jurisdiction
Definition
The legal authority of a court to hear and decide a case.
Term
Advisory Opinions
Definition
Determinations by the Supreme Court whether future actions of the president or Congress would be constitutional.
Term
Original Jurisdiction
Definition
Cases that a court can hear directly, rather than through appeals.
Term
Appellate Jurisdiction
Definition
Cases based on appeals from lower courts.
Term
Writ of Certiorari
Definition
An order issued by the U.S. Supreme Court that directs a lower court to transmit records for a case that it will hear on appeal.
Term
Attainder
Definition
The forfeiture of rights and property by a person convicted of treason.
Term
Corruption of Blood
Definition
Revoking the inheritance of the descendants of a treasonous person.
Term
Extradition
Definition
The surrender by one state to another of a person accused or convicted of a crime in another state.
Term
Ratification
Definition
Approval of the U.S. Constitution or its ammendments by state conventions or legislatures.
Term
Federalism
Definition
A political system in which power is shared between the national and state governments.
Term
State Action
Definition
The Requirement that government or its agents must be involved in order for the Constitution or the Bill of Rights to apply.
Term
Incorporation
Definition
Process by which the Supreme Court applied the Bill of Rights to the states via the Fourteenth Amendment.
Term
Sedition
Definition
The act of inciting people to change the government.
Term
Pure Speech
Definition
Speech that involves only spoken words, without actions.
Term
Speech-plus
Definition
Speech that combines spoken words with action, such as demonstrations and picketing.
Term
Symbolic Speech
Definition
Actions that are themselves a message, without spoken words; also known as "Expressive conduct"
Term
Public Forum
Definition
A place such as a public park or street that is normally open to First Amendment activities.
Term
Obscenity
Definition
Speech or action that portrays sex or nudity contrary to societal standards of decency.
Term
Defamation
Definition
Hurting a person's reputation by spready falsehoods.
Term
Slander
Definition
Defamation using spoken words.
Term
Libel
Definition
Defamation using written words.
Term
Fighting Words
Definition
Abusive and insulting comments delivered face-to-face to a specific individual.
Term
Censorship
Definition
Government control of free expression.
Term
Seditious Libel
Definition
Printing criticism of the government.
Term
Prior Restraint
Definition
Censoring a work before it is published.
Term
Actual Malice
Definition
Knowledge that a statement is false or reckless disregard of whether it is false.
Term
Heckler's veto
Definition
Ability of a hostile bystander to end a peaceful assembly.
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