Chapter Three Flashcards
What was the first portion of the constitution?
The preamble- purpose of constitution
What was the first article?
Legislative Branch
What was the second article?
Executive Branch
What was the third article?
Judicial Branch
What was the fourth article?
Relations among states
What was the fifth article?
Amending the constitution- do not deprive states of representation
What was the sixth article? (3)
National debts, Supremacy of national law, Oaths of office
What was the seventh article?
Ratifying the constitution
What is popular sovereignty?
Government can exist only with the consent of the governed. Ex: We the people
What is limited government?
Government is restricted in what they can do/each individual has rights that the government cannot take away. Ex: rule of law- government officials are never above the law
What is separation of powers?
The 3 branches of government are divided among 3 independent and coequal branches of government
What are checks and balances?
Systems of overlapping the powers of the 3 branches to permit each branch to check the actions of the others
What does the legislative branch do and how are they checked?
Writes the laws, confirms presidential appointments, ratifies treaties, grants money, and declares war. They are checked by the executive branch because they can veto bills, reject appointments, rejects treaties, and adjourn congress in certain situations. They are checked by the judicial branch because they can declare laws unconstitutional.
What does the executive branch do and how are they checked?
Proposes laws, administers the laws, commands armed forces, appoints ambassadors and other officials, conducts foreign policy, and negotiates treaties. They are checked by the legislative branch because they can withhold funding for presidential initiatives and can override a veto. They are checked by the judicial branch because they can declare presidential actions unconstitutional.
What does the judicial branch do and how are they checked?
They interpret the constitution and other laws, and they review lower-court decisions. They are checked by the legislative branch because they can propose amendments to overrule judicial decisions, they can impeach Supreme Court justices, and they can reject appointments to the Supreme Court. They are checked by the executive branch because they can appoint judges.
What is judicial review?
The power of a court to determine the constitutionality of a governmental action. Ex: Brown v Board of Education
What is federalism?
Government is divided between a central government and several local governments.
What are the two ways an amendment is made?
Formal or informal
What are the two ways an amendment can be proposed?
National convention or 2/3 vote of congress
What are the two ways an amendment can be ratified?
3/4 of state leg. or conventions in 3/4 states
What is the 1st amendment?
Freedom of speech, press, assembly, petition, and religion
What is the 2nd amendment?
Right to form a militia, right to bear arms
What is the 3rd amendment?
Right against quartering of soldiers
What is the 4th amendment?
RIght against unreasonable search and seizure
What is the 5th amendment?
Right against double jeopardy, self-incrimination, and eminent domain
What is the 6th amendment?
Right to a speedy trial and an attorney
What is the 7th amendment?
Right to a trial by jury
What is the 8th amendment?
Right against cruel and unusual punishments and excessive bail
What is the 9th amendment?
Right of the citizens (catch all amendment)
What is the 10th amendment?
Powers reserved to the states
What is the 11th amendment?
Citizens cannot sue a state of foreign nation
What is the 12th amendment?
Changes in the Electoral College procedures
What is the 13th amendment?
Abolish slavery
What is the 14th amendment?
Citizenship, equal protection, due process
What is the 15th amendment?
Cannot deny someone the vote based on color, race, or previous servitude
What is the 16th amendment?
Congress can levy an income tax
What is the 17th amendment?
Senators were to be directly elected by the people
What is the 18th amendment?
Prohibition of alcohol
What is the 19th amendment?
Women’s suffrage
What is the 20th amendment?
Change of dates for start of presidential and congressional terms
What is the 21th amendment?
Repealed prohibition
What is the 22th amendment?
Limit of presidential terms
What is the 23th amendment?
DC can vote in presidential elections
What is the 24th amendment?
Cannot have a tax payment as a voter qualification
What is the 25th amendment?
Presidential succession, vice president vacancy, presidential disability
What is the 26th amendment?
Voting age 18
What is the 27th amendment?
Congressional pay
What is an informal amendment?
The process by which over time many changes have been made in the constitution which have not involved any change in the written words
What are the five ways an informal amendment can take place?
Legislation by congress (court systems)
Action taken by the president (executive agreements)
Key decision of the supreme court (Judicial review)
The activities of political parties (Electoral college)
Custom (presidential cabinet)
