Chapter 3: The Constitution (Monday’s Test) Flashcards
What is the constitution?
The supreme law of the land or the rule’s book the country lives by
True or false: The constitution was a brief document or “framework”
True, it was 4,500 word document
What is the constitution’s greatest strength?
it’s flexibility or ability to adapt and change over time
What is the make up of the constitution? (3 parts)
- Introduction: Preamble
- Articles (7 chapters)
- 27 Formal Amendments
Describe all 7 articles that make up the constitution
Article 1: Creates Legislative Branch
Article 2: Creates Executive Branch
Article 3: Creates Judicial Branch
Article 4: Relationships among states and federal government **FEDERALISM
Article 5: Amending the Constitution
Article 6: Supremacy Clause
Article 7: Ratifying the Constitution
What are the 6 basic principles the constitution is built around?
- Popular Sovereignty: People were the source of power “We the People”
- Limited Government: Government is not all powerful.
- Checks and Balances: Each branch is subject to restraints and checks each other.
- Separation of Powers: The power that government is given is shared by 3 branches.
- Judicial Review: Courts to determine whether what the government is doing is according to the constitution.
- Federalism: Division of power between Federal/national government and local/state governments.
What are the 2 ways the constitution can be changed?
- Formal Amendment
- Informal Amendment
What is a formal amendment?
Change in the written wording of the constitution PERMANENT
What is the only FORMAL amendment ever made to the constitution?
Prohibition: the abolishing of the ban on alcohol in the United States.
What are the 4 ways an amendment can be adopted?
- The idea has to be proposed (brought up) (2/3 of the country has to propose it)
- Has to be ratified (3/4 of the country has to agree)
- Always proposed on national level (2/3 MAJORITY)
- Always ratified on the state level (**3/4 MAJORITY **)
Why was the process to adopt an amendment so difficult?
The founding fathers didn’t want us to keep changing our constitution.
Bill of Rights
The first 10 amendments of the constitution
Who wrote the Bill of Rights?
James Madison
Why was the Bill of Rights written?
***Our founding fathers believed that the greatest threat to our individual freedom was the government.
Where is the original Bill of Rights located?
The National Archives in Washington D.C
What does the Bill of Rights do?
Limits the government and guarantees civil rights and liberties to the individual.
What is the “soul of the constitution”?
The Bill of Rights
What do HALF (1/2) of the amendments in the Bill of Rights do?
**Protect the rights of the accused of a crime.
Describe the 1ST AMENDMENT
5 Rights:
- Freedom of Religion (separation of church and state)
- Freedom of Speech (freedom to speak your mind)
- Freedom of the press (freedom to write what you want)
- Freedom of Assembly (peaceful)
- Freedom of Petition
What is the 2nd Amendment?
The right to bear arms
What are the restrictions on the 2nd amendment? (4)
- Must have license - 18 years old
- Federal Background check
- Must have a permit for a concealed weapon/carry in public
- Restrictions on fully automatic assault weapons
What is the 3rd amendment?
Quartering of troops / outlawed in private homes
What does the 3rd amendment do?
No soldiers can be housed in your home
What is the 4th amendment?
Search and Seizure
What does the 4th amendment do?
Officials must have a “probable cause” in order to search your house
What is a “probable cause”?
Reasonable belief that a person has committed a crime.
What is the 11th amendment?
Immunity of states to certain lawsuits
What is the 12th amendment?
Changes in how president/vice president are chosen
What is the 13TH amendment?**
Abolished slavery
What is the 14th amendment?
Every person born in the USA is a US citizen with equal protection under the law
What was the purpose of the 14th amendment?**
To incorporate former slaves
What is the 15th amendment?
No denial of the right to vote
What did the 15th amendment do?
Gave right to vote to African Americans.
Which 3 amendments are Civil War amendments?
13, 14, 15 amendments
What was the 16th amendment?
Federal Income tax
What is the 17th amendment?
Popular (people) election of senators (people were now able to elect their senators)
What is the 18th amendment?
Prohibition of Alcohol
What was considered a “noble experiment”?
The Prohibition of Alcohol (18th amendment)
What is the 19th amendment?
Women’s Suffrage
What did the 19th amendment do?
Gave women the right to vote
What is the 20th amendment?
Date changes in congressional and presidential terms from March to January
What is the 21st amendment?
Repeal (removal) of Prohibition
What was the only amendment that was repealed?
The 18th amendment (Prohibition of Alcohol)
What is the 22nd amendment?
Presidential term limit (2 terms)
What is the 23rd amendment?
D.C gets votes in the electoral college - people who lived in D.C were now able to vote
What is the 24th amendment?
Ban on poll taxes - people didnt have to pay to vote anymore
What is the 25th amendment?
Sets up presidential succession and disability
What is the 26th amendment?
18 year olds get the right to vote
What is the 27th amendment?
Congressional pay change
Which one of the amendments was originally supposed to be in the Bill of Rights?
The 27th amendment - **ORIGINALLY PROPOSED BY JAMES MADISON IN 1789
What are the “flesh and bones” of the Constitution?***
Informal amendments
What are informal amendments?
Day to day changes made over time NOT WRITTEN IN THE CONSTITUTION AND TEMPORARY
What are the 5 basic ways to bring about informal amendments?
- Basic Legislation: Laws passed by congress
- Executive Action: Powers granted the president (executive agreements)
- Court Decisions: The nation’s courts determine the constitutionality of cases
- Party Practice: Ideas brought forth by the political parties
- Custom: unwritten traditions
What is an example of Custom?
- Presidential Cabinet
