Civics Final (Constitution) Flashcards
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Separation of Powers
Each branch has a purpose, and serves only that purpose. Branches of the government cannot take on the purpose of another branch.
Declaration of Independence (What did it do?)
The Declaration of Independence officially announced the separation of the 13 colonies from Great Britain, declaring their freedom, Independence was declared on July 4th, 1776.
Articles of Confederation
The Articles of Confederation was the first constitution of the United States. The purpose was to establish a “league of friendship” for the country. It was supposed to focus on a weak central government and give states more power. They were ineffective because they created a weak central government with no chief executive, no taxing, no uniform currency, and only legislative branch.
Constitutional Convention (what happened at the convention)
The convention was called from May to September of 1787. Its original purpose was to amend the Articles of Confederation. They needed unanimous support from all 13 colonies and very quickly realized they needed to draft a new constitution.
Key issues of the constitutional convention
representation in congress, power of federal government vs. states, the issue of slavery, structure of the executive branch, and whether or not to include a Bill of Rights.
Where did the constitutional convention happen
Philadelphia
Great Compromise
Issue of how to determine amount of representatives nearly broke the convention apart. Large states supported virginia plan, but small states supported new jersey plan. Ben franklin and roger sherman led a committee to find a compromise. Roger Sherman presents great compromise. Solution to the issue of representation in congress. Resulted in bicameral legislature
House of representatives: representation based on population
Senate: representation equal for every state
3/5 compromise
Great compromise helped to solve issues of representation, but brought up issues about how to count population
Southern states had large populations of slaves
How do you count slaves in the population
North said you can’t count them at all because they arent’s allowed to vote or participate in the government
South said you have to cunt them, because if you don’t then southern states will be disadvantaged in the government (they would be out voted everytime in the house of reps by free states)
Compromise had to be reached
Slaves would be counted in the population, but only as 3/5ths of a person.
Electoral College Compromise
Some felt that the persident should be chosen by the legislature (national/federal), while others felt like it should be chosen by the people. This resulted in the Electoral college, in which electors are chosen to elect the president.
Electors used to be chosen by the legislature (state), now voters in each state decide who their electors will be.
Shays Rebellion
The articles of confederation failed, leaving behind an economic crisis and farmers felt the impact of this crisis the hardest. These farmers were mainly veterans who had accumulated debt after fighting in the revolution. Congress was supposed to pay them for their service, but they had no money, so the farmers stayed in debt. Daniel Shays, a farmer, led a small army of these indebted farmers to seize weapons and ammunition. The Massachusetts militia did not want to arrest the farmers, because they felt for them. Massachusetts called on feds for aid, but none came. It took a privately funded militia to stop the uprising.
Proved that the articles of confederation were not strong enough to protect the country
Solidified calls for a new constitution
What were John Locke´s ideas?
John Locke refuted the theory of Divine Rights of kings by proposing a limited government in which he argued that all persons are endowed with natural rights (life, liberty, and property) and that rulers who fail to protect those rights may be removed by the people.
What political philosopher was the creator of the idea of checks and balances?
Baron de Montesquieu- “The Spirit of Laws” detailing the separation of powers and checks and balances
What was the Bill of Rights?
The first 10 Amendments to the Constitution
Guarantee the Rights to the individual
Why was there a need for the Bill of Rights?
Citizens feared that having a strong federal government would infringe on their individual liberties without a clear list of protected rights explicitly stated in the constitution.
Chronological orders of great democratic documents in U.S. History?
1776: Declaration of Independence, 1777: Articles of Confederation, 1787: US Constitution,
1st Amendment
Grants us the freedom of speech, press, religion, right to assemble, and right to petition. Considered civil liberties. Certain limits based off of context and content.
2nd Amendment
guarantees the right to ¨keep and bear arms¨ (possess and operate firearms)
Self defense, defense against tyranny
3rd Amendment
¨soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law¨
4th Amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Protects against unreasonable search and seizure of property
5th Amendment
Right to indictment by grand jury before any criminal charges for felonious crimes, prohibition of double jeopardy, and right against forced self-incrimination (right to remain silent), guarantee that all defendants receive a fair trial, and the guarantee that government cannot seize private property without due compensation
6th Amendment
in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence
Protects against “undue delay” in criminal prosecution
7th Amendment
protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value.
8th Amendment
Punishment for your crime must fit the severity of your crime and punishments cannot be excessively cruel
13th Amendment
passed in 1865 at the end of the civil war, made the emancipation proclamation into law, outlaws slavery in the US
14th Amendment
Ratified in 1868, defines citizenship, bans rebels from future service in government, ensures payment of debts but not payment for lost slaves, guarantees due process for all people, grants equal protection for all people, allows congress to pass any laws needed to enforce this amendment
15th Amendment
the right to vote shall not be limited due to a person’s race, color, or previous condition of servitude, states were still free to set other guidelines which made the amendment largely worthless
18th and 21st Amendment
The 18th amendment was the prohibition of alcohol, they banned the sale, manufacture, distribution, and transportation of alcohol. The 21st amendment repealed the prohibition of alcohol.
Legislative Branch Main job
The main jobs of the legislative branch are to make all the laws, declare war, regulate interstate and foreign commerce, and control taxing + spending policies.
Executive Branch main job
to carry out and enforce laws and run the federal government
Judicial Branch main job
the main job of the judicial branch is to interpret laws, decide the constitutionality of laws, resolve disputes about federal laws, and act as the final authority on legal matters
What does Article I say about the constitution?
Article I gives Congress its powers and limits. Established the legislative branch by creating the two sections of Congress, Senate, and the House of Representatives
What does Article II say about the constitution?
Establishes the Executive branch of the national government, led by a single government. This article outlines the method for electing the president, the scope of the president ´ s powers and duties, and the process of removing one from office.
What does Article III say about the constitution?
Establishes the judicial branch (supreme court). Grants congress the power to create inferior courts.
Qualification for the house
7 years of citizenship, 25 y/o, resident of the state, 2 year terms, unlimited number of terms, district - apportioned to states by population
senate qualifications
nine years of citizenship, resident of the state, six-year terms - divided into three classes with unlimited number of terms -, entire state, less governed by rules
president Qualifications
Natural-born citizen of the United States, 35 years old, resident of the country for 14 years, four year terms
Judges Qualifications
citizen of the US, an attorney licensed to practice, resident of the district or circuit to which the judge is appointed or elected for 2 years
how does the electoral college work?
Two common ways to select electors to to go to the electoral college”
- Number of electors equals the number of Senators and Representatives in its U.S. Congressional delegation
Winner takes all: whichever candidate wins the popular vote in a state gets to send all of the electors on their slate
Proportional Representation: you get to send a number of your electors from your slate that is proportional to the percentage of the state that voted for you
After the general election, the chief executive submits a Certificate of Ascertainment which lists all of the electors that have been selected for the Electoral College; the college then meets on the first tuesday after the second Wednesday of December to cast their votes
What is the clinching number to win the electoral college
270 votes
impeachment
Impeachment is the process by which a legislature may bring charges/articles against an office holder.
ex post-facto
refers to a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed.a legal remedy that protects individuals from unlawful imprisonment and violates of their constitutional rights
what was common sense?
a pamphlet written by Thomas Paine in 1775 - 76 that inspired people in the thirteen colonies to declare and fight for independence from great britain in the summer of 1776. It directly attacked the political, economic, and ideological obstacles to achieving it.
how many electoral votes does illinois have?
19
who are the current U.S. senators for Illinois?
Dick Durbin and Tammy Duckworth
Which presidents have been impeached?
Andrew Johnson (1868)
William Jefferson (Bill Clinton) - 1998
Donald John Trump (2018 and 2021)
Purpose of the Cabinet for the president?
The Cabinet serves as a group of key advisors to the President of the United States. Composed of the heads of executive departments and other high-ranking officials, the Cabinet helps the President in several ways: policy advice, imp
What is Necessary and Proper Clause
The Necessary and Proper Clause are the rights Congress is given to make laws and exercise powers that aren’t mentioned in the Constitution. These clauses are becoming known as implied powers or powers that aren’t directly stated in the Constitution.
Line of Succession to President
vice president, speaker of the house, president pro tempore of the senate, secretary of state, and secretary of the treasurer
Miranda V. Arizona
The Court held that detained criminal suspects must be informed of their rights prior to police questioning. It ruled that an arrested individual is entitled to rights against self-incrimination and to an attorney under the 5th and 6th Amendments of the United States Constitution.
Gideon V. Wainwright
the Supreme Court ruled that the Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers themselves.
Marbury V. Madison
Supreme Court case in 1803 where the court established the power of “judicial review,” meaning that the judiciary can declare acts of Congress unconstitutional, effectively setting the precedent for the courts to interpret the Constitution and check the power of other branches of government.
Plessy V. Ferguson
Supreme Court case upheld a Louisiana state law that allowed for “equal but separate accommodations for the white and colored races.”
Brown V. Board of Education
the Supreme Court ruled that separating children in public schools on the basis of race was unconstitutional.
Wisconsin V. Yoder (1972)
ruling that states due to freedom of religion amish families had the right to unenroll their children from school after 8th grade, despite state laws
Swann V. Pack (1975)
State supreme courts have upheld that the “handling of dangerous snakes” during religious services is not protected (Swann vs. Pack 1975)
Schenck v. US (1919)
A court case in which a landmark decision was made by the US supreme court in which it was argued that stopping someone from passing out anti draft leaflets was a violation of the first amendment, the court ruled the speech posed a significant threat.
Near V. Minnesota (1931)
a landmark decision of the supreme court that recognized freedom of the press roundly rejecting prior restraints on publication,
Process to add an amendment?
Two Steps to Make An Amendment
Proposal:
can be proposed by congressional action with a vote of 2/3rd majority in both houses (Senate and House of Representatives);
can be proposed by national convention requested by 2/3rds of the state legislatures
Ratification:
Three fourths of the states must ratify for it to take effect
Can be ratified through the state legislature or by a special convention (only 21st Amendment)
checks and balance
A system in the government that makes sure none of the branches become too powerful. Each branch has influence on the other three, Executive, legislative and judicial. The three are able to check and limit the others’ powers. This system is designed to maintain a balance of power and protect against tyranny and abusing it’s authority.
lawmaking process
- A bill can become a law in the United States after it passes both the house and senate, and is signed by a president. A representative must sponsor a bill, then the bill will be amended and voted on, if it passes the house it moves to the senate, where finally the president can sign it into law or veto it, the congress can override the president with a 2/3rd vote.
What is the significance of treason in the constitution?
Treason is significant in the U.S. Constitution because it is the only crime explicitly defined within the document. Its inclusion reflects the Framers’ intent to both safeguard national security and prevent the misuse of treason accusations for political oppression.
Line of Succession to president
vice president, speaker of the house, president pro tempore of the senate, secretary of state, and secretary of the treasurer
thomas paine impact on American Freedom
Thomas Paine had a profound impact on American freedom through his writings, which inspired colonists to pursue independence and shaped the ideological foundation of the United States.
intent and theme of the declaration
The intent of the declaration was for America to officially announce their separation from Great Britain, declare their right to self-govern by natural rights, and to outline the reasons for their separation. The key themes of the declaration are injustice, natural rights, liberty, and freedom.
Lemon v. Kurtzman (1971)
This was a case in which the court found that Pennsylvania and Rhode Island made state financial aid available to “church-related educational institutions.” Created the 3 prong lemon test to decide if the government can assist religion (1) the primary purpose of the assistance is secular, (2) the assistance must neither promote nor inhibit religion, and (3) there is no excessive entanglement between church and state.
Brandenburg v. Ohio (1969)
A man was convicted for giving a speech at a local Ku Klux Klan rally. Court ruled that speech can only be prohibited if “incites imminent lawless action”. They overturned Brandenburgs conviction for advocating violence. This established a protective standard for speech.
Barker v. Wingo
In Barker vs. Wingo the Supreme Court admitted that this “speedy Trial” protection is vague and needed a balancing test to determine when/if a court was violating this protection.
9th amendment
guarantees that rights that are not specifically written in the Constitution may be retained by the people
10th amendment
any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large.
