Chapter 3

Question 1

How is the Constitution structured? How many articles are there?

Answer 1

The Constitution is organized into eight sections: the Preamble and seven articles.

The original document is followed by 27 amendments.

Question 2

What is Popular Sovereignty, and why is it important?

Answer 2

Popular Sovereignty is the principle that the government’s power is derived from the people. This ensures that the government is accountable to the citizens.

Question 3

What does Limited Government mean?

Answer 3

Limited Government means that no government is all-powerful, and it is accountable to the people. It has only the authority that the people grant it.

Question 4

What is Constitutionalism?

Answer 4

Constitutionalism is the idea that government must operate according to the Constitution, ensuring that all actions are within the limits set by the Constitution.

Question 5

What is the Rule of Law?

Answer 5

The Rule of Law states that the government and its officers are always subject to the law and are never above it.

Question 6

What is meant by Separation of Powers?

Answer 6

Separation of Powers refers to the division of government into three branches: Executive, Legislative, and Judicial, which are independent and coequal. This structure prevents any one branch from becoming too powerful.

Question 7

What is Federalism?

Answer 7

Federalism is a system of government in which powers are divided between a central government and several local governments, ensuring a balance of power.

Question 8

What are Checks and Balances?

Answer 8

Checks and Balances is a system where the legislative, executive, and judicial branches have the ability to check or restrain the actions of one another, preventing any one branch from becoming too dominant.

Question 9

Why are Individual Rights important, and how are they protected?

Answer 9

Individual Rights are protected by the Bill of Rights, which includes freedoms such as speech, press, religion, the right to bear arms, legal rights, and protection against unreasonable searches and seizures, among others.

Question 10

What is Judicial Review, and what is its significance?

Answer 10

Judicial Review is the power of the courts to consider whether a government action aligns with the Constitution. This ensures that laws and actions of the government are constitutional.

Question 11

How is Congress structured?

Answer 11

Congress is a bicameral legislature, consisting of two houses: the House of Representatives (representation based on population) and the Senate (equal representation, with two Senators per state).

Question 12

What are the Enumerated (Expressed) Powers of Congress?

Answer 12

Enumerated powers are specific powers directly written in the Constitution (Article I, Section 8). These include coining and borrowing money, levying taxes, regulating commerce, declaring war, and more.

Question 13

What is the Necessary & Proper (Elastic) Clause?

Answer 13

The Necessary & Proper Clause, also known as the Elastic Clause, grants Congress the authority to pass all laws necessary and proper for carrying out its expressed powers.

Question 14

What are Implied Powers?

Answer 14

Implied powers are powers not explicitly stated in the Constitution but are suggested by the necessary and proper clause to help Congress fulfill its expressed powers.

Question 15

How is the Executive Branch structured?

Answer 15

The Executive Branch is headed by the President, supported by the Vice President, and includes 15 executive departments (such as Defense, State, and Agriculture) along with various federal agencies that carry out laws passed by Congress.

Question 16

What are some key powers of the President?

Answer 16

1. Sign Bills into Law: The President can sign legislation passed by Congress into law.
2. Faithfully Execute the Laws: The President is responsible for enforcing and carrying out federal laws.
3. Pardons: The President has the power to pardon or reprieve individuals for offenses against the United States.
4. Treaties: The President can negotiate and sign treaties with other countries, subject to Senate ratification.
5. Appoint Ambassadors, Judges, and Other Officials: The President nominates individuals for various federal positions, including judges, ambassadors, and cabinet members, with Senate approval.
6. Commander in Chief: The President is the Commander in Chief of the U.S. Armed Forces, giving them authority over military operations and national defense.

Question 17

The Constitution established only the _______ Court.

Answer 17

The Constitution established only the Supreme Court.

Question 18

Inferior courts are created by _______.

Answer 18

Inferior courts are created by Congress.

Question 19

What is Jurisdiction?

Answer 19

Jurisdiction refers to the authority of a court to hear and decide a case. The Supreme Court has jurisdiction over cases involving the Constitution, federal laws, treaties, international law, and more.

Question 20

What is Judicial Review?

Answer 20

Judicial Review is the power of the courts to determine the constitutionality of government actions or laws. This power allows the judiciary to interpret the Constitution and nullify any laws or actions that conflict with it.

Question 21

What is the significance of Marbury v. Madison in relation to Article III?

Answer 21

Marbury v. Madison (1803) was a landmark case in which the Supreme Court first asserted its power of judicial review. It established the precedent that the courts could declare a law unconstitutional, thereby strengthening the judicial branch’s role in checks and balances.

Question 22

What is an amendment?

Answer 22

An amendment is a change or addition to the Constitution, allowing it to evolve and address new issues or clarify existing provisions.

Question 23

Which article outlines the amendment process?

Answer 23

Article V of the Constitution outlines the process for proposing and ratifying amendments.

Question 24

What are the two ways to propose amendments?

Answer 24

1. By a two-thirds vote in both houses of Congress.
2. By a national convention called by Congress at the request of two-thirds of state legislatures.

Question 25

What are the two ways to ratify amendments?

Answer 25

1. By three-fourths of state legislatures.
2. By conventions in three-fourths of the states.

Question 26

Which method has been used the most, and which was used only once (for which amendment)?

Answer 26

1. The most common method is proposal by two-thirds of Congress and ratification by three-fourths of state legislatures. This method has been used for all amendments except one.
2. The only time a different method was used was to ratify the 21st Amendment (repealing Prohibition), which was ratified by state conventions.

Question 27

Which amendments are included in the Bill of Rights?

Answer 27

The Bill of Rights consists of the first ten amendments to the Constitution. These amendments include protections for individual liberties, such as freedom of speech, religion, and the press, the right to bear arms, protection from unreasonable searches and seizures, and more.

Question 28

What is an informal amendment?

Answer 28

An informal amendment refers to changes in the interpretation or application of the Constitution that do not involve altering its written text. These changes occur over time through various actions and practices.

Question 29

What are the processes of informal amendments?

Answer 29

(1) Passage of Basic Legislation by Congress (e.g. the Commerce Clause)
(2) Actions Taken by the President (e.g. executive agreements)
(3) Key Decisions of the Supreme Court
(4) Activities of Political Parties (e.g. the Electoral College)
(5) Custom

Question 30

Question: How does the passage of basic legislation by Congress contribute to informal amendments?

Answer 30

Answer: Congress can pass laws that add “flesh to the bones” of the Constitution. For instance, it can clarify or expand constitutional provisions like the Commerce Clause, thereby influencing how the Constitution is applied.

Question 31

Question: How can actions taken by the President informally amend the Constitution?

Answer 31

Answer: Presidential actions, such as executive agreements (which are pacts made directly with foreign leaders without Senate approval), can informally change how the Constitution is understood and implemented, especially in foreign policy and military use.

Question 32

Question: What role do Supreme Court decisions play in informal amendments?

Answer 32

Answer: The Supreme Court interprets and applies the Constitution through its rulings. Key decisions by the Court can redefine constitutional principles or set precedents that informally amend the way the Constitution is understood and enforced.

Question 33

Question: How do political parties influence informal amendments?

Answer 33

Answer: Although the Constitution does not mention political parties, their activities, such as nominating candidates and shaping the electoral process (e.g., influencing how the Electoral College functions), have significantly altered the functioning of the government over time.

Question 34

Question: What role do customs play in the informal amendment process?

Answer 34

Answer: Traditions and customs, such as the formation of a Cabinet or the Vice President’s role as a successor (which was formalized in the 25th Amendment in 1967), have contributed to shaping how the government operates beyond what is explicitly written in the Constitution.