Chapter 3 Flashcards
What is the constitution
Nation’s Fundamental law - “supreme law of the land,” Rules book we as a country live by
What is the constitution’s greatest strength?
Its flexibility - Ability to adapt and change over time
Make up - 3 parts
- Introduction (preamble)
- 7 Articles
- 27 formal amendments
7 articles/chapters:
- Creates the legislative branch
- Creates the Executive branch
- Creates the Judicial branch
- Relationship among states and the federal government - federalism
- Amending the Constitution
- Supremacy Clause
- Ratifying the Constitution
The Constitution is built on 6 basic principles:
- Popular sovereignty
- Limited Government
- Separation of Powers
- Checks and Balances
- Judicial Review
- Federalism
Popular sovereignty
people are the source of its power “We the people…”
Limited government
government is not all powerful
what is our limited government based on?
The rule of law
the rule of law:
that everyone is subject to and never above the law including the government
Separation of Powers
The power that is granted to the government is shared by 3 branches
Checks and Balances
Each branch is subject to restraints and checks of the other two
judicial review
power of the courts to determine whether what the government is doing is according to the Constitution
Federalism
division of power between the Federal/National government and the local/state governments
Process of constitutional change: 2 ways
- Formal amendment
- Informal amendment
Formal Amendment:
change in the written wording of the constitution (permanent)
What must happen always for a formal amendment to be adopted?
- Proposed
- Ratified
- Always proposed on a national level (2/3 majority)
- always ratified on a state level (3/4 majority)
Why is the process of ratifying a formal amendment so difficult
because if it wasn’t then it would happen all the time
what are the 11th-27th amendments?
11th: Immunity of states to certain lawsuits
12th amendment: Changes in how president/vice president are chosen
13th amendment: abolished slavery
14th amendment: states every person born in USA is a US citizen with equal protection under the law (to incorporate former slaves)
15th amendment: no denial of the right to vote - gave right to vote to African Americans
13th 14th and 15th - Civil War amendments
16th amendment: Federal income tax
17th amendment: popular (people) election of senators
18th amendment: prohibition of alcohol - “noble experiment”
19th amendment: women’s suffrage (right to vote)
20th amendment: date changes in congressional and presidential terms (from march to january)
21st amendment: repeal of prohibition (only amendment repealed)
22nd amendment: Presidential term limits (2)
23rd amendment: D.C. gets votes in the Electoral College
24th amendment: ban on poll taxes
25th amendment: sets up presidential succession and disability
26th amendment: 18 year olds get voting rights
27th amendment: congressional pay change (one of the original bill of rights proposed by Madison in 1789)
11th amendment
immunity of states to certain lawsuits
12th amendment:
Changes in how president/vice president are chosen
13th amendment:
abolished slavery
14th amendment:
states every person born in USA is a US citizen with equal protection under the law (to incorporate former slaves)
15th amendment
no denial of the right to vote - gave right to vote to African American
13th 14th and 15th
Civil War amendments
16th amendment
Federal income tax
17th amendment:
popular (people) election of senators
18th amendment:
prohibition of alcohol - “noble experiment”
19th amendment:
women’s suffrage (right to vote)
20th amendment:
date changes in congressional and presidential terms (from march to january)
21st amendment:
repeal of prohibition (only amendment repealed)
22nd amendment:
Presidential term limits (2)
23rd amendment:
D.C. gets votes in the Electoral College
24th amendment:
ban on poll taxes
25th amendment:
sets up presidential succession and disability
26th amendment:
18 year olds get voting rights
27th amendment:
congressional pay change (one of the original bill of rights proposed by Madison in 1789)
Informal amendments:
Day to day changes made over time (not written) - mostly temporary
Five basic ways to bring about informal amendments:
- Basic Legislation
- Executive Action
- Courts decisions
- Party Practice
- Custom
Basic Legislation:
Everytime Congress passes a law
Executive Action:
Powers granted to the president (executives’ agreements)
Courts decisions:
the nations courts determine the constitutionality of cases
Party Practice:
ideas brought forth by political parties
Custom:
unwritten traditions
only amendment to be repealed:
21st amendment repealed the 18th
