chapter 3 The Constitution Flashcards
the constitution
the supreme law of the land
what is the structure of the constitution
Preamble I. Legislative Branch - write the laws II. Executive Branch -enforce the laws III. Judicial Branch - judges laws, make sure government follows IV. Relations among the states V. Amending the constitution VI. Supremacy of the constitution and oaths VII. Ratification
what are the 6 principles?
- popular sovereignty
- limited gov
- separation of powers
- checks and balances
- judicial review
- federalism
popular sovereignty
government’s power comes from the people
limited government
government’s power is not absolute
separation of powers
government’s power is divided between branches
checks and balances
each part of the government must have controls of the other parts
judicial review
the courts CAN review all government action
federalism
government’s power is shared between national and state government
Article I
Legislative Branch
Article II
Executive Branch
Article III
Judicial Branch
Article IV
Relations Among the States
Article V
Amending the Constitution
Article VI
Supremacy of the Constitution and oaths
Article VII
Ratification
What was the purpose of establishing the constitution?
- form a more perfect union
- establish justice
- ensure domestic tranquility
- provide for the common defense
- promote the general welfare
- secure the blessing
What are the qualifications for members of the HoR?
- Must be 25 years old
- An american citizen for 7 years
- Resident of the state he or she represents
what are qualifications for members of the senate?
- must be 30 years old
- must be a citizen for at least 9 years
- must live in the state elected in
What title is given to the leader of the HoR?
Speaker of the house
What title/ position does the president of the senate hold?
vice president
Where must revenue bills originate?
House of Representatives
What are some of the powers of congress?
Collect taxes
Borrow money to help gov.
Regulate foreign and interstate trade
Determine how aliens become citizens/ pass laws relating to bankruptcy
Requires the use of gauges of time, distance, weight, volume, area, and the like
Say that it is a crime to falsify coins, paper money, bonds, stamps, etc
Provide and regulate the transportation and delivery of mail
Provide copyrights and patents
Create the lower, federal courts
Prohibits acts that were committed outside of the US, and the commission inside the US of any wrong doing against a nation we are at peace with, as a federal crime
Only congress can declare war
Provide and maintain nation’s armed forces
Acquire land from the states of various federal purposes
Where is the necessary and proper clause found and why is it nicknamed the Elastic Clause?
-Congress has the power to make all laws which shall be necessary and proper, which has a loose jurisdiction. Allows congress to expand its powers.
5 powers denied to congress by the constitution
- Can’t interfere with the powers of the states
- Congress can’t pass laws that make an act a crime after the act was committed
- State has power to borrow money and collect taxes
- Congress can’t pass laws that someone punish someone without a jury trial
- Congress can’t suspend the Writ of Habeas Corpus
5 powers denied to the states by the constitution
- Can’t make agreements/ negotiate with other states
- Can not coin money
- Can not tax imports
- Can not keep a standing army/ navy
- Can not lay any duty of tonnage
function of the electoral college
selects the pres and vice pres
formula used to determine how many electors each state will have?
the number of representatives and senators the state has
why was clause III deleted?
replaced by the 12th ammendment, which fixed our electoral college
qualifications for president
- Natural born citizen
- Must be 35 years old
- Resident of the US for at least 14 years
5 powers or duties of the president, described in the Constitution
- Commander in Chief of Army/ Navy
- Grant reprieves and pardons for offenses against the US
- Make treaties
- Appoint ambassadors, public ministers and consuls, judges of supreme court, and all other officers of the US
- Nominate, with the advice and consent of the state
what circumstances can a president be removed from office
- Treason
- Bribery
- High crimes and misdemeanor
what is the term of a federal judge
life term
Under what circumstances does the Supreme Court have original jurisdiction?
In all cases affecting Ambassadors, other public ministers and consuls, and those in which a state shall be Party
Describe the process through which a federal judge gets his or her position.
They are appointed to office by the current president of the united states, only with approval from the senate
definition of treason
The crime of betraying one’s country, especially by attempting to kill the sovereign or overthrow the government.
Describe the Full Faith and Credit Clause:
hat the various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States
What is extradition
the action of extraditing a person accused or convicted of a crime.
What branch of government admits new states?
Legislative Branch
Explain the process by which the Constitution is amended.
When two thirds of both houses of both houses agrees or when ot two thirds of several states can call a convention.
supreme law of the land
constitution
what does the phrase “supreme law of the land” mean?
Constitutional or federal laws is upheld over state laws
how many states must ratify the constitution in order for it to be adopted?
3/4 of the states
limited gov
- has to follow same laws as everyone else, ex: bill of rights, checks and balances, freedom of speech/ press
Theoretical presenceof limited gov in the constitution
4th amendment - "search and seizure" gov. can search without warrant ways to limit gov: -Preamble -separation of powers -checks and balances -federalism
historical example of limited gov in US history
prohibition of alcohol, gov stopped trafficking of alcohol in 1920’s
Al capone
Which article describes the amendment process?/ what are they
article 5
-amendments may be proposed in 2 ways
=by a 2/3 vote of each house of congress
+(done for all 27 amendments)
=by a national convention called by congress at the request of 2/3 of the state legislatures to approve an amendment (34 states)
+ (has never happened before)
what happens after and amendment is proposed?
it can be ratified: -by 3/4 of the state legislatures =26/27 amendments - by conventions in 3/4 of the states =only the 21st
what is the bill of rights?
1st 10 amendments
- ratified to appease the anti- federalists and assure U.S. citizens of certain natural rights
- 12 originally proposed, 10 were accepted and ratified Dec 1791
what is the first amendment?
gives citizens the rights to freedom of speech, press, religion, assembly, and petition that the gov. can not take away
first amendment essentials
- affirms freedom of the individual
- free expression is essential to democracy
- gov. must keep hands off our expression
- must respect the expression of others
- gov. regulates when ideas or rights clash
6 limits on our freedom of speech/ examples
- clear and present danger
ex: can’t yell bomb in airports - fighting words
ex: anything said to initiate a fight - libel and slander
ex: knowingly lying about others/ organizations - Obscenity
ex: bad words/ actions - Times of war/ national interests
ex: giving away national secrets - time, place, manner
ex: idk lol
Popular sovereignty examples
- Theoretical: “we the people”
- Practical: 19th amendment- women can vote
Limited gov examples
- Theoretical: 4th amendment, limits gov’s search and seizure
- Practical: prohibition of alcohol, gov banned it, people brought it back
Separation of powers examples
- Theoretical: created branches to make every branch equal
- Practical: U.S. vs. Alvarez and the stolen valor act
checks and balances examples
- Theoretical: legislative can pass laws, executive can veto these laws, vice versa
- Practical: Woodrow Wilson wanted to join League of Nations, senate denied this request
judicial review examples
- Theoretical: the Judiciary Act- established the judicial courts of the US
- Practical: Miranda vs. Arizona- started miranda rights bc he didn’t know he had the right to a lawyer
Federalism examples
- Theoretical: the senate and HoR split legislative power
- Practical: Horizontal federalism- refers to the ways state gov. relate to one another
2nd amendment landmark case
District of Columbia vs Heller
- court ruled that it was unconstitutional to require a license to own a handgun
4th amendment
rights against unreasonable search and seizure
reasonable searches that don’t require a warrant:
- people who have consented to a search
- people lawfully arrested
- if the person is acting suspicious
- an officer see’s incriminating evidence in plain sight
4th amendment landmark case?
Mapp vs. Ohio
- evidence found in violation of 4th amendment, may not be used in court
NJ vs. TLO
- Students 4th amendment rights are limited while on school grounds
5th amendment rights?
due process
double jeopardy
self incrimination
eminent domain
due process
the gov has to follow rules and established procedures
double jeopardy
the gov can not try a defendant twice for the same crime
self incrimination
gov can not force citizens to testify against themselves
eminent domain
the gov. must pay owners “just compensation” for property that is taken
8th amendment
no cruel or unusual punishment, no excessive fines or bail
- torture banned
- punishment must fit the crime
- death sentence: only if humane and justifiable
9th amendment
gov may only use powers given in Const.
- rights not listed belong to the people
10th amendment
powers not given to national gov. or denied to state gov belong to state gov (federalism)
1st amendment
congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the gov. for a redress of grievances
13th amendment
abolition of slavery (1865)
14th amendment
citizenship, equal protection and due process for all born in the U.S. (1868)
15th amendment
All men can vote regardless of race or color (1870)
16th amendment
federal income Tax (1913)
17th amendment
popular election of senators (1913)
18th amendment
Prohibition of Alcohol (1919)
19th amendment
women’s suffrage (1920)
21st amendment
end of prohibition
22nd amendment
presidential term limits
-FDR amendment (1951)
25th amendment
presidential succession
-JFK Assassination (1967)
26th amendment
voting age 18 (1971)
- response to Vietnam
civil war amendments
13, 14, 15th amendments
progressive era amendments
16, 17, 18, 19th amendments
what do many of the later amendments deal with?
most deal with voting, we are expressing our popular sovereignty (choosing who’s in gov)
why is constitution durable
flexibility, adaptable (can be changed) needs examples, how has it been flexible??
