8th grade civics ch 4 Flashcards
Goss vs. Lopez2
- case where a student dwight lopez claimed his constitutional right to due process had been violated when he was wrongly accused
- importance: due process: be aware of what your accused of before being suspended and be able to defend yourself
parts of constitution3
- preamble
- articles
- amendments
due process
the principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards
republican government
a representative political system in which authority comes from the people and is exercised by elected officials
goals of preamble6
- Form a more perfect union(ensure cooperation among the states and the national government)
- Establish justice (system of government based on fair laws that apply equally to all people)
- Ensure domestic tranquility(ensure peace and order)
- Provide for the common defense (government to protect the nation against foreign enemies)
- Promote the general welfare (ensure the well-being of the citizens)
- Secure the blessings of liberty to ourselves and our posterity (guarantee freedom for Americans, then and in the future)
article 1 (3)
- sets up Congress as the lawmaking body in government with two chambers–senate and house of reps
- lays out enumerated and implied powers of congress
- states powers denied to congress
enumerated powers
those powers of the national government that are specifically listed in the U.S. Constitution
implied powers
those powers of the national government, and particularly of Congress, that are not specifically listed in the Constitution, but which the government can reasonably claim as part of its governing responsibility
Necessary and Proper Clause
a clause in Article 1, Section 8 of the U.S. Constitution, which says that Congress can “make all laws which shall be necessary and proper” for carrying out its duties; also known as the Elastic Clause
habeas corpus
the right of accused persons to be brought before a judge to hear the charges against them
article 2 (3)
- sets up the executive branch led by the president
- lays out election, terms of president
- says powers and denied powers of president
article 3(3)
- sets up judicial branch with supreme court, highest court
- says types of cases that can be tried
- guarantees right to trial by jury in criminal cases
jurisdiction
the subject matter over which a court may exercise authority; also, a court’s power to hear a case
article 4 (5)
- Relations among the states
- Full faith and credit (Each state must honor the laws of other states)
- treatment of citizens (No state may discriminate against the residents of another state)
- New states and territories (Only Congress can authorize the creation of new states)
- Protection of states (The national government guarantees each state a republican form of government. It also promises to protect states from outside attack )
article 5 (2)
- amendment process
- spells out the ways such amendments can be proposed and ratified
article 6 (2)
- states national government agrees to repay all of the debts that were incurred under the Articles of Confederation
- supremacy clause (federal law trumps state law)
article 7 (2)
- ratification process
- Constitution would not take effect until ratified by at least nine states
amendment process 3
- two steps: proposed and ratified, each with two ways
- main way: proposed by 2/3 both houses in Congress, then ratified 3/4 state legislatures
- other way: proposed by 2/3 both houses in Congress, then ratified 3/4 special conventions
1 amendment
five basic freedoms: religion, speech, press, assembly, and petition
2 amendment
right to bear arms and form state militias
3 amendment
Bans quartering of troops in private homes
4 amendment
Prevents unreasonable search and seizure
5 amendment
Outlines the right to due process of law and other legal protections
6 amendment
Guarantees the right to public and speedy trial by a jury in criminal cases
7 amendment
Guarantees the right to jury trial in civil cases
8 amendment
Bans excessive bail and punishment
9amendment
Guarantees other rights not listed in the Constitution or Bill of Rights
10 amendment
Reserves powers for the states and the people that are not specifically given to the national government.
eminent domain
government can only take private property if it offers just or fair compensation
civil case
a legal case that does not involve criminal conduct (ex suing)
amendments defining powers of government4
- 11: limited federal court jurisdiction over lawsuits in other states
- 14: prohibits states from denying due process, equal protection and other rights of citizens
- 16: congress allowed to collect income tax
- 27: limited power of congress to raise member’s pay
amendments on election of officeholders5
- 12: separate ballots for vice pres and pres
- 17: direct election of senators by vote
- 20: changed date which elected take office
- 22: president only 2 terms
- 25: succession in case of pres death or disease
amendments on social values3
- 13: banned slavery
- 18: prohibition
- 21: repealed prohibition
amendments on voting rights5
- 15: all male citizens could vote
- 19: all women could vote
- 23: D.C. could vote
- 24: banned poll tax
- 26: lowered age from 21 to 18
limited government principles6
- popular sovereignty
- rule of law
- separation of powers/ checks and balances
- federalism
- independent judiciary
- individual rights
popular sovereignty2
- power resides in the will of the people
- supported by republicanism: the idea that people elect leaders to a governing body of citizens
rule of law
all American people and their government abide by a system of laws
separation of powers, checks and balances3
- checks and balances: a system in which each branch of government can limit the power of the other branches
- veto power: the power of the president to reject a bill and send it back to Congress
- impeachment: a formal charge of wrongdoing against the president or other public official; the first step in removal from office
federalism5
- power is divided between a central government and smaller regional governments (declare war)
- Delegated powers are those powers granted to the national government (public schools)
- Reserved powers are those powers kept by the states
- Concurrent powers are those that are shared by the federal government and state governments (tax)
- Commerce Clause: gives the federal government the power to regulate trade across state lines within the United States and to both regulate and tax foreign trade
independent judiciary2
- a system of judges and courts that is separate from other branches of government
- lifetime tenure and secure salary
sources of info for judicial information5
- exact wording of the Constitution itself
- original intent of the framers when they wrote Constitution
- past decisions of the Supreme Court
- practical consequences for society
- Basic moral and ethical values
strict construction
-a literal approach to interpreting the U.S. Constitution, using the exact words of the document, aka originalism
loose construction
-a flexible approach to interpreting the U.S. Constitution, taking into account current conditions in society, interpretivism
marbury vs. madison2
- IMPORTANCE: established judicial review: the power of the courts to declare laws and executive acts unconstitutional
- when john adams was leaving office, he appointed more federalist judgeships to keep federalist influence. william marbury did not receive his commission because james madison (new sec of state) was instructed not to deliver it. supreme court ruled that marbury deserved his commission and madison should deliver it. But then, he declared that “forcing an official to doing something they were legally responsible to do” (what marbury based his argument on) was unconstitutional, siding against marbury. this preserved the Court’s authority and also given it the power to review the constitutionality of acts of Congress and the executive branch.
McCulloch v. Maryland2
- IMPORTANCE: federal law trumps state law
- the second bank of the US was made and many states including maryland wanted to tax its branches.The cashier of the Maryland branch, James McCulloch, refused to pay the tax. Supreme court favored mccolloch. no state has the power to tax the national bank or any other arm of the federal government
US v Nixon
- IMPORTANCE: no one escapes the law
- some republicans broke into democrat headquarters and although Nixon (republican) may have had nothing to do with it, he still tried to cover it up. there was evidence of this in tapes which nixon tried to hide. supreme court made nixon give the tapes up
