Chapter 3: The Constitution (Monday’s Test) Flashcards

1
Q

What is the constitution?

A

The supreme law of the land or the rule’s book the country lives by

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2
Q

True or false: The constitution was a brief document or “framework”

A

True, it was 4,500 word document

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3
Q

What is the constitution’s greatest strength?

A

it’s flexibility or ability to adapt and change over time

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4
Q

What is the make up of the constitution? (3 parts)

A
  1. Introduction: Preamble
  2. Articles (7 chapters)
  3. 27 Formal Amendments
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5
Q

Describe all 7 articles that make up the constitution

A

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

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6
Q

What are the 6 basic principles the constitution is built around?

A
  1. Popular Sovereignty: People were the source of power “We the People”
  2. Limited Government: Government is not all powerful.
  3. Checks and Balances: Each branch is subject to restraints and checks each other.
  4. Separation of Powers: The power that government is given is shared by 3 branches.
  5. Judicial Review: Courts to determine whether what the government is doing is according to the constitution.
  6. Federalism: Division of power between Federal/national government and local/state governments.
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7
Q

What are the 2 ways the constitution can be changed?

A
  • Formal Amendment
  • Informal Amendment
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8
Q

What is a formal amendment?

A

Change in the written wording of the constitution PERMANENT

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9
Q

What is the only FORMAL amendment ever made to the constitution?

A

Prohibition: the abolishing of the ban on alcohol in the United States.

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10
Q

What are the 4 ways an amendment can be adopted?

A
  1. The idea has to be proposed (brought up) (2/3 of the country has to propose it)
  2. Has to be ratified (3/4 of the country has to agree)
  3. Always proposed on national level (2/3 MAJORITY)
  4. Always ratified on the state level (**3/4 MAJORITY **)
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11
Q

Why was the process to adopt an amendment so difficult?

A

The founding fathers didn’t want us to keep changing our constitution.

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12
Q

Bill of Rights

A

The first 10 amendments of the constitution

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13
Q

Who wrote the Bill of Rights?

A

James Madison

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14
Q

Why was the Bill of Rights written?

A

***Our founding fathers believed that the greatest threat to our individual freedom was the government.

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15
Q

Where is the original Bill of Rights located?

A

The National Archives in Washington D.C

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16
Q

What does the Bill of Rights do?

A

Limits the government and guarantees civil rights and liberties to the individual.

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17
Q

What is the “soul of the constitution”?

A

The Bill of Rights

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18
Q

What do HALF (1/2) of the amendments in the Bill of Rights do?

A

**Protect the rights of the accused of a crime.

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19
Q

Describe the 1ST AMENDMENT

A

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

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20
Q

What is the 2nd Amendment?

A

The right to bear arms

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21
Q

What are the restrictions on the 2nd amendment? (4)

A
  1. Must have license - 18 years old
  2. Federal Background check
  3. Must have a permit for a concealed weapon/carry in public
  4. Restrictions on fully automatic assault weapons
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22
Q

What is the 3rd amendment?

A

Quartering of troops / outlawed in private homes

23
Q

What does the 3rd amendment do?

A

No soldiers can be housed in your home

24
Q

What is the 4th amendment?

A

Search and Seizure

25
Q

What does the 4th amendment do?

A

Officials must have a “probable cause” in order to search your house

26
Q

What is a “probable cause”?

A

Reasonable belief that a person has committed a crime.

27
Q

What is the 11th amendment?

A

Immunity of states to certain lawsuits

28
Q

What is the 12th amendment?

A

Changes in how president/vice president are chosen

29
Q

What is the 13TH amendment?**

A

Abolished slavery

30
Q

What is the 14th amendment?

A

Every person born in the USA is a US citizen with equal protection under the law

31
Q

What was the purpose of the 14th amendment?**

A

To incorporate former slaves

32
Q

What is the 15th amendment?

A

No denial of the right to vote

33
Q

What did the 15th amendment do?

A

Gave right to vote to African Americans.

34
Q

Which 3 amendments are Civil War amendments?

A

13, 14, 15 amendments

35
Q

What was the 16th amendment?

A

Federal Income tax

36
Q

What is the 17th amendment?

A

Popular (people) election of senators (people were now able to elect their senators)

37
Q

What is the 18th amendment?

A

Prohibition of Alcohol

38
Q

What was considered a “noble experiment”?

A

The Prohibition of Alcohol (18th amendment)

39
Q

What is the 19th amendment?

A

Women’s Suffrage

40
Q

What did the 19th amendment do?

A

Gave women the right to vote

41
Q

What is the 20th amendment?

A

Date changes in congressional and presidential terms from March to January

42
Q

What is the 21st amendment?

A

Repeal (removal) of Prohibition

43
Q

What was the only amendment that was repealed?

A

The 18th amendment (Prohibition of Alcohol)

44
Q

What is the 22nd amendment?

A

Presidential term limit (2 terms)

45
Q

What is the 23rd amendment?

A

D.C gets votes in the electoral college - people who lived in D.C were now able to vote

46
Q

What is the 24th amendment?

A

Ban on poll taxes - people didnt have to pay to vote anymore

47
Q

What is the 25th amendment?

A

Sets up presidential succession and disability

48
Q

What is the 26th amendment?

A

18 year olds get the right to vote

49
Q

What is the 27th amendment?

A

Congressional pay change

50
Q

Which one of the amendments was originally supposed to be in the Bill of Rights?

A

The 27th amendment - **ORIGINALLY PROPOSED BY JAMES MADISON IN 1789

51
Q

What are the “flesh and bones” of the Constitution?***

A

Informal amendments

52
Q

What are informal amendments?

A

Day to day changes made over time NOT WRITTEN IN THE CONSTITUTION AND TEMPORARY

53
Q

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

A
  • 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
54
Q

What is an example of Custom?

A
  • Presidential Cabinet