Chapter 3 Constitution Flashcards
The Legislative branch can check the Judicial branch by its power to
Remove judges through impeachment
The Judiciary Act 1789 was an example of…
Congress informally amending the Constitution
Which of the following statements about informal amendments is TRUE?
Some have been proposed and ratified as official amendments
Which of the following was formally amended to the Constitution
prohibition of alcoholic beverages
When there is a separation of powers
Power is distributed among the three independent branches of government
Each of the four methods of formal amendment
Demonstrates the principles of federalism
Which of the following is mentioned by the Constitution and its amendments?
Secession of vice president to presidency
The Bill of Rights guarantees all of the following EXCEPT
The right of women to vote
Which of the following accounts for the ability of the Constitution to endure for over 200 years?
Built-in provisions for accommodating change
Which of the following is NOT an example of the checks and balances system?
The president makes an executive agreement
According to Article 5 of the Constitution, no amendment may
Deprive the state of its equal representation in the Senate
Which of the following is a method of formal amendment?
Proposed by 2/3rds of Congress ratified by 3/4 of state legislatures
The basic constitutional rights of the people were first set out in the
Bill of Rights
Which of the following best describes the concept of limited government?
Government must operate within certain bounds set by the people
In most cases involving judicial review, the courts have
Have found the governmental actions in question to be constitutional
Which statement about the Bill of Rights is NOT true?
The amendments were ratified at the same time as the Consitution
The informal amendment process
Results from the daily experiences of government
A ___ is one of the numbered sections of the Constituion
Article
Carries the same force of law as a treaty
Executive Agreement
The government and its officers must obey the ___, which is another way of describing the concept of limited government.
Rule of law
What is tradition, in reference to the US government?
A precedent is set and it continues to be used. It is allowed to be changed
Why would a president not perform senatorial courtesy?
The senators are from an opposing party
What is a senatorial courtesy?
A president will consult State senators when an appointment will be made within the state.
Is the right to be protected from cruel and unusual punishment in the Constitution?
Yes
Was the clause where the Vice President becomes President after the initial president’s death in the Consitution?
No
Is the Cabinet found in the Constitution?
No
Why was the Electoral College initially set with more importance than the voters?
The authors of the Constitution did not trust the people to choose a good president
Electoral College was set to pick the president and vice president, and parties entered to choose both. What does the Electoral College do now?
Follow the will of the voters’ decision
Marbury vs. Madison game the Supreme Court…
Judicial review
A president can use their power to do what kind of acts, in relation to the Constitution?
Those that are not specifically disapproved of by the Constitution.
What does the First Amendment guarantee?
Right to freedom, petitions, and assembly
What does the Sixth Amendment guarantee?
Right to a fair trial
What does the Seventh Amendment guarantee?
Rights in civil cases
What does the Eighth Amendment guarantee?
Bail, fines, and punishment
What does the Tenth Amendment guarantee?
States’ rights
What does the Ninth Amendment guarantee?
Rights of citizens will be protected
What does the Fifteenth Amendment guarantee?
The right for Black people to vote
What does the Second Amendment guarantee?
Right to bear arms
What does the Third Amendment guarantee?
Quartering of soldiers
What does the Fourth Amendment guarantee?
Protection from unreasonable searches
What does the Fifth Amendment guarantee?
Rights in criminal cases where a citizen does not have to self incriminate in testimony
What does the Sixteenth Amendment guarantee?
Right for Congress to collect income tax
What does the Twenty-second Amendment guarantee?
Term limits for the presidency
What does the Eighteenth Amendment guarantee?
Prohibition of liquor
What does the Twenty-sixth Amendment guarantee?
The right for 18-year-olds to vote.
How many amendments are there?
27
What expansion of powers were later given to Congress?
Managing interstate commerce and foreign commerce
What did the Judiciary Act of 1789 do?
Added executive offices in the presidency and vice presidency.
Congress has yet to expand any sections of the Consitution.
False, it has in the Judiciary Act of 1789
What are some ways informal amendment can take place?
From Congress’s legislation, the president, Supreme Court decisions, political parties’ activities, or customs and usage.
Informal amendment can take place in how many ways?
5
What does the Bill of Rights guarantee?
Personal freedoms and some states’ rights
Bill of Rights is the first # amendments to the ____.
10, Constitution
Congress cannot determine a time limit on the amendment process
False, it can place a reasonable time limit
Once a state passes an amendment, it cannot then reject it
TRUE
A state that rejects an amendment can later pass it
TRUE
No amendment can be made that deprives a ____ of its equal opportunity to vote in the Senate
State
Who debates the impeachment charges after the House Judiciary Committee?
the House
Who debates the impeachment charges first?
House Judiciary Committee
Where do approved articles of impeachment get sent after the House votes?
Senate
____ opens trial and ____ members prosecute in impeachment trials.
Senate, House
Senate hears testimony and evidence, and can vote to…
Curb testimony
Senate can consider lesser punishment for impeachment.
TRUE
The House can dismiss the impeachment case.
False, the Senate can
What are the two ways constitutional change can come about?
Formal & Informal
How many methods are there to amend the Constitution?
4
The fourth method to amend the Constitution is to
Have the State Legislature apply to Congress with a ⅔ vote, and in State Conventions be ratified by ¾ of the states
The first method to amend the Constitution is to
Have Congress vote ⅔ in both houses and in State Legislature ratified by ¾ of the states
The second method to amend the Constitution is to
Have Congress vote ⅔ in both houses and in State Conventions be ratified by ¾ of the states
The third method to amend the Constitution is to
Have the State Legislature apply to Congress with a ⅔ vote, and in State Legislature ratified by ¾ of the states
The powers shared by the states and the federal government are called _____ powers.
Concurrent
What kind of powers do the States have under the federal system?
Reserved
What kind of powers does the federal government have under the federal system?
Enumerated
The Senate impeaches the president.
False, the House of Representatives does
It takes a ____vote in the Senate to find a president guilty and worth of impeachment.
2/3
It takes a three-quarter vote in the House of Representatives to impeach a president.
False, it takes a majority vote
Impeachment proceedings start in the House of Representatives.
TRUE
A division of power between the federal government and the state government is called what?
Federalism
When does the system of checks and balances work best?
When the Executive branch and Legislative branch are different parties
Checks and balances exist to…
Prevent too much power from existing in any one branch
How many presidents have been found guilty and impeached?
0
What presidents have had impeachment brought against them?
Andrew Johnson, Bill Clinton, Donald Trump
What case established the principle of judicial review?
Marbury v. Madison
When the Supreme Court declares a law unconstitutional, what is this called?
Judicial review
The Supreme Court can declare a law unconstitutional.
TRUE
The ____ has to approve people nominated for appointment (such as federal judges) by ____.
Senate, the president
What can a president do to reject an act of Congress?
A veto
Each branch is subject to constitutional restraints from other branches
Checks & balances
Judicial
Interprets the laws
Executive
Enforces the laws
Legislative
Makes the laws
Separation of powers
Legislative, executive, judicial
Government must be conducted in accordion with constitutional principles, with no one being above the law
Constitutionalism
What government holds that no government is all-powerful, and the government can only do those things that people give the power to do?
Limited government
State governments get their authority from the…
People of the state
Popular sovereignty
People have authority
The Constitution has # amendments
Twenty-seven
The Constitution contains # articles
7
Introduction to the Constitution is the
Preamble
The supreme law of the United States is the
Constitution
