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CA Constitution Exam: Separatioin of Powers
Test for teachers Part 1
25
History
Professional
08/31/2011

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Term
Separation of powers
Definition
Positive grants of power awarded to three branches of Government: Legislative, Judicial, and Executive
Term
Legislative branch
Definition
Congress
Term
Article I of the Constitution
Definition
established Congress, the collective legislative body made up of the Senate and the House
Term
Congress:the Senate and the House
Definition
write, debate and pass bills and send them on to the president for his approval or veto
With a two-thirds majority in both houses, Congress may override the presidential veto
Term
Why Two Houses of Congress?
Definition
to balance the concerns of smaller but more populated states against those of larger but more sparsely populated ones
Term
The Senate
Definition
has 100 members, with each state allowed two representatives, regardless of size or population.
Term
The House of Representatives
Definition
currently has 435 members, with each state's representation dependent upon its population. Each member of the House represents a specific geographic district within the state, while senators represent their whole state.
Term
Judicial Branch
Definition
sort through the web of legislation and decide what is constitutional and what is not.
Term
United States Supreme Court
Definition
highest court in the land and the final stop for any case that has not been settled by a lower court decision.
Term
Supreme Court justices
Definition
eight associates and one chief justice appointed by the president
confirmed by the U.S. Senate.
Justices serve for life or until they choose to step down
Term
Executive Branch
Definition
the president, the vice president and 15 Cabinet-level executive departments.
Term
The president
Definition
elected every four years, and chooses his vice president as a running mate
the commander-in-chief of the U.S. Armed Forces
the leader of the country
delivers a State of the Union address to Congress once each year
may recommend legislation to Congress
may convene Congress
has the power to appoint ambassadors to other nations
can appoint Supreme Court justices and other federal judges
with his Cabinet and its agencies, to carry out and enforce the laws of the United States
Term
The vice president
Definition
serves as president in the event that the president is unable to do so for any reason or if the president steps down
presides over the Senate
can cast a deciding vote in the event of a tie
Term
Fifteen cabinet members
Definition
run the departments
Term
Why the founders set up this system
Definition
to avoid that any branch of government ruling alone or arbitrarily
Term
"Popular sovereignty"
Definition
people should have the ultimate power to govern themselves
Term
Checks and Balances
Definition
a system that allows each branch of a government to amend or veto acts of another branch so as to prevent any one branch from exerting too much power
Term
How "Popular sovereignty" is assured?
Definition
by combining separation of powers with checks and balances
Term
Where the origin of separations of powers can be found
Definition
in Constitution articles 1 (legislative power), art.2 (executive power), and art. 3 (judicial power)
Term
What's the purpose of checks and balances?
Definition
to prevent elected officials from seizing excessive control and prevent capricious law that would oppress the minority
Term
Implied Powers
Definition
powers that are not stated in Constitution, that allow Congress to implement the expressed powers
Term
Expressed powers of Congress
Definition
Power to hold federal elections Power to tax Power to ratify treaties Power to regulate immigration and naturalization Power to impeach certain officials Power to regulate interstate commerce Power to coin money Power to spend money for general welfare Power to regulate and hold federal property Power to impose duties on imports and exportsPower to impeach certain officials
Term
Executive expressed power
Definition
Power to act as a Commander in Chief of Armed forces
Power to force department heads for written opinions on important matters
Power to receive ambassadors
Power to make treaties (with 2/3 of Senate's passage)
Power to conduct foreign affairs
Power to appoint members of the Executive department
Power to nominate Supreme Court Justices
Power to give the State of the Union address
Term
Expressed power of Supreme Court
Definition
Power to life tenure
Power to hear all cases in law and equity
Power to review treaties for constitutionality
Term
Congress forms National bank
Definition
Example of implied power of Congress (out of expressed power to tax and to coin money)
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