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Government > Chapter 3- The Constitution > Flashcards

Chapter 3- The Constitution Flashcards

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1
Q

What is the Constitution?

A

The Nation’s fundamental law- “supreme law of the land” a rule book

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2
Q

Is it a long document?

A

Brief document- “framework” or outline

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3
Q

What is the constitution’s greatest strength

A

It’s flexibility (ability to adapt and change over time)

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4
Q

What three parts is the constitution made up of?

A

Intro- Preamble
7 articles
27 formal amendments

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5
Q

What are the 7 articles?

A 
1- creates the legislative branch
2- creates the executive branch
3- creates the judicial branch
4- relations among states
5- amending the Constitution 
6- Supremacy of National law
7- ratifying the Constitution
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6
Q

What are the 6 basic principles of the constitution?

A
  1. Popular sovereignty
  2. Limited government
  3. Separation of power
  4. Checks & Balances
  5. Judicial Review
  6. Federalism
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7
Q

Popular sovereignty

A

People are the source of its power “we the people”

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8
Q

Limited government and rule of law?

A

Government is not all powerful

The government is subject to and never above the law

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9
Q

Separation of powers

A

3 branches share power

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10
Q

Checks and Balances

A

Each branch is subject to the restraints of the other 2

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11
Q

Judicial review

A

Power of the courts to determine whether what the government is doing is according to the Constitution- established with Marburg vs Madison

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12
Q

Federalism

A

Division of power between the national and state government

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13
Q

What’s special about our constitution?

A

It is the oldest written constitution in effect today (229)

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14
Q

What 2 ways can constitutional change come about?

A
  1. Formal amendment

2. Informal amendment

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15
Q

What is a formal amendment

A

change in the written wording of the constitution
Always proposed on the national level (2/3)
Always ratified on the state level (3/4)

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16
Q

What is the Bill of Rights? Who wrote them? What are the known as?

A

First ten amendments added in 1791 that guarantee citizens freedom “the soul of the constitution” written by James Madison.

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17
Q

What is the first amendment

A

Protects 5 Rights

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18
Q

What are the five parts of the 1st amendment

A 
Freedom of...
Religion
Speech 
The Press
Assembly
Petition
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19
Q

What is the 2nd amendment

A

Right to bear arms

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20
Q

What are the 4 restrictions of bearing arms

A

Must have a license
Federal background check
Must have a permit for a concealed weapon
Limits on automatic assault weapons

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21
Q

What is the 3rd amendment?

A

Quartering of troops

-no soldiers can be housed in your home

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22
Q

What is the 4th amendment?

A

Search and Seizure

-must have a warrant and show probably cause (reasonable belief that a person has committed a crime)

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23
Q

What is the 5th amendment?

A

Criminal proceedings and Eminent Domain

24
Q

What are the 5 parts of the 5th amendment (criminal proceedings)

A
  1. The right to a grand jury- decide if there is enough evidence to bring you to trial
  2. Protects the accused against double jeopardy- can’t be charged twice for the same crime
  3. Protects against self incrimination
  4. Due process- the government must respect all legal rights of its citizen
  5. Eminent domain- protects personal property- allows for private property to be purchased for public use
25
Q

What is the 6th amendment?

A

Criminal proceedings

26
Q

What are the 5 parts to the criminal proceedings

A
  1. Right to a speedy, public trial
  2. Right to an impartial (petite jury (12) decides guilt or innocence)
  3. The accused must be informed of the crime and read their rights (Miranda rights)
  4. Right to witnesses
  5. Right to an attorney. (Lawyer)
27
Q

What is the 7th amendment?

A

Civil cases - right to trial

28
Q

What are the 2 parts of civil cases (7th amendment)?

A

Right to a jury in any dispute over $20

Bench trial: when you wave the right to a jury and let a judge make the ruling

29
Q

What is a civil case?

A

A dispute between two or more parties involving money (law suits)

30
Q

What is a criminal case?

A

A case in which a person is accused of committing a crime

31
Q

8th amendment?

A

Punishment of crimes

32
Q

What are the two parts of the 8th amendment (punishment of crimes)

A

Protects against cruel and unusual punishment

Establishes bail a sum of money posted to guarantee you will appear for your court date

33
Q

9th amendment?

A

Enumerated Rights
-says that all rights not listed in the constitution belong to the people not the government. In other words, the rights of the people are not limited to just the rights listed in the constitution (privacy, travel, voting, etc)

34
Q

10th amendment?

A

Powers reserved for the states
-says that any power or right not specifically listed in the Constitution as belonging to the federal government belongs to individual states or the American people themselves.

35
Q

What is the 11th amendment?

A

Immunity of states to certain law states
US courts cannot hear cases and make decisions against a state if it is sued by a citizen who lives in another state or a person who lives in another country

36
Q

What is the 12th amendment?

A

Changes in how president/vice are chosen

37
Q

13th amendment?

A

Abolished slavery

38
Q

14th amendment?

A

Every person born in the USA is a US citizen (introduced equality under the law)

39
Q

15th amendment?

A

No denial of right to vote—African Americans

40
Q

What are the 13th, 14th, and 15th amendments known as?

A

The Civil War Amendments

41
Q

16th amendment?

A

Federal income tax

42
Q

17th amendment?

A

Popular (people) election of senators

43
Q

18th amendment?

A

Prohibition of Alcohol “noble experiment”

44
Q

19th amendment

A

Women’s suffrage (right to vote)

45
Q

20th amendment?

A

Date change in congressional and presidential terms (from March to January)

46
Q

21st amendment?

A

Repeal of prohibition

47
Q

What was the only amendment repealed?

A

The 18th amendment

48
Q

22nd amendment?

A

Presidential term limit (2)

49
Q

23rd amendment?

A

DC gets votes in the electoral college

50
Q

24th amendment?

A

Ban on poll taxes

51
Q

25th amendment?

A

Presidential succession and disability

52
Q

26th amendment?

A

18 yrs old get voting rights

53
Q

27th amendment?

A

Congressional pay change

54
Q

Who proposed the 27th amendment and when did it happen?

A

Madison in 1789

55
Q

What are Informal Amendments?

A

Day to day changes made over time (not written)—temporary

56
Q

What name is given to the Informal Amendments?

A

The flesh and bones of the Constitution (details)

57
Q

What are the 5 basic ways to bring about informal amendments?

A
  1. Basic Legislation- laws passed by Congress
  2. Executive action- powers granted to the presidents (exec agreement)
  3. Court decision- the nation’s courts determine the constitutionality of the cases.
  4. Party practice- ideas brought forth by the political parties
  5. Custom- unwritten traditions

Government (6 decks)

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