Political Dictionary Chapter Three

 

Prepared by a Student

 

Preamble – a short, noteworthy introduction to the U.S. Constitution. It states the purpose of the constitution. The preamble is important as a historical document because we can learn about its framers by their way of addressing the preamble.

 

Articles – the seven numbered sections that the constitution is divided into. The first three articles deal with the three branches of the National Government: Congress, the presidency, and the federal court system. Article IV deals mostly with the place of the States in the American Union, with their relationship with the National Government, and with one another. Article V explains how formal amendments may be added to the constitution. Article VI declares that the constitution is the nation’s supreme law. Article VII states the requirements for ratification.

 

Constitutionalism –the principal concept of limited government which stated that the government must be conducted according to the constitutional principals.

 

Rule of Law – another concept of limited government which holds that government and its officers are always subject to – never – above law.

 

Separation of Powers – one of the basic principals of American system of government. It stated that the executive, legislative, and judicial powers are divided among three independent and coequal branches of government. This idea is under a presidential system. The idea had been written into each of the state constitutions adopted during the Revolution. A classic expression of the doctrine can be found in the Massachusetts constitution of 1780.

 

Checks and Balances – system of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the action of the other two. The three branches are not entirely separated or completely independent of one another. They are tied together by check and balances.

 

Veto – the power of the President to reject any act of Congress. Even though Congress has the right to make law, the president can veto the act. But in return, Congress can override a presidential veto with a two-third majority vote in both the House of Representatives and the Senate.

 

Judicial Review – the power of courts to determine whether what the government does is in accord with what the Constitution provides. More precisely, it might be defined his way: it is the power of a court to determine the constitutionality of a governmental action. One of the six basic principles of the constitution. The power of judicial review is held by all federal courts and by most state courts as well.

 

Unconstitutional – the power to declare illegal, null and void, of no force and effect – a governmental action found to violate some provision in the constitution. This is part of the judicial review power.

 

Federalism – the division of power among a central government and several regional governments. It came to the Constitution out of both experience and necessity. American government system is federal in form because the powers held by government are distributed on a territorial basis. The National Government holds some of those powers and others belong to the 50 states.

 

Amendment – a change in, or addition to, a constitution or law. The amendments are provided because the framers knew that even the wisest of the constitution makers cannot build for all time. There are two methods for the proposal of an amendment and two methods for its ratification.

 

Formal Amendment – changes or additions that become part of the written language of the Constitution itself. There are four possible methods of formal amendment. First method is for an amendment to be proposed by two-third vote in both house of Congress and be ratified by three-fourths of the State legislatures. Second method is for the amendment to be proposed by Congress and then ratified by three-fourths of the State conventions. The third method is for an amendment to be proposed by a national convention, called by Congress at the request of two thirds of the State legislatures and ratified by three-fourths of the State legislatures. The fourth and last method is for an amendment to be proposed by a national convention and ratified by conventions in three-fourths of the States.

 

Bill of Rights – the first ten amendments of the Constitution. These amendments were added to the Constitution less than three years after it became effective. They were proposed by the first session of the First Congress in 1789 and were ratified by the States in late 1791. These amendments set out the great constitutional guarantees of freedom of belief and expression, of freedom and security of the person, and of fair and equal treatment before the law.

 

Informal Amendment – the process by which over time many changes haven been made in the Constitution which have not involved any changes in its written words. Because the constitution is written in brief, even skeletal in nature, the real key to constitutional change and development lies in the process of informal amendment.

 

Executive Agreement – a pact made by the President directly with the head of a foreign state; a binding international agreement with the force of law but which unlike a treaty does not require Senate consent but they are as legally binding as treaties. Recent Presidents have often used them in our dealings with other countries.

 

Treaty – a formal agreement between two or more sovereign states. It needs the consent of Congress. The treaty making process was outlined in Article II, Section 2 of the Constitution.

 

Electoral College – the group that makes the formal selection of the nations President, from what the Framers intended into a “rubber stamp” for each State’s popular vote in presidential elections. Neither the Constitution nor any law provides for the nomination of candidates for presidency so from 1830s and on, the major parties start holding national conventions for the election of the president. These parties have converted the Electoral College.

 

Cabinet – an advisory body to the President traditionally made up of the heads of the executive departments and other officers. There are 14 executive departments. Cabinet members may not be sitting legislators. They must resign their legislative office if they accept a cabinet appointment.

 

Senatorial Courtesy – it is the long-established custom that the Senate will only approve those presidential appointees that are acceptable to the senator or the senators of the President’s party from the State involved. For example, a federal judge or a Unites States marshal. This practice is closely followed in the Senate. The effect is to shift a portion of the appointing power from the President, where the formal wording of the Constitution puts it, to certain members of the Senate.