Civil Liberties: Amending the Constitution Flashcards
Under Chief Justice Earl Warren, the Supreme Court demonstrated
a. judicial restraint.
b. a balanced budget.
c. judicial activism.
d. prior restraint.
c. judicial activism.
One way the Founders provided for change in the Constitution was to describe how to
a. provide judicial restraint.
b. ratify the Constitution.
c. amend the Constitution.
d. impeach presidents.
c. amend the Constitution.
petition
appeal to Congress
The Equal Rights Amendment caused questions because
a. of a Supreme Court order.
b. of impeachment.
c. Congress called a national convention.
d. states revoked their ratification.
d. states revoked their ratification.
The only method of amending the Constitution that has been used to date is by
a. judicial activism.
b. petition.
c. national convention.
d. two-thirds vote of both houses of Congress.
d. two-thirds vote of both houses of Congress.
executive agreement
agreement between the president and the head of state of another country; does not require the Senate’s approval
The president has made an informal change to the Constitution by creating executive agreements with other heads of states. What is the difference between a treaty and an executive agreement?
a. A treaty does not need congressional approval while an executive agreement needs congressional approval.
b. A treaty is only used in war and an executive order is only used during peace time.
c. A treaty is used during peace time and an executive order is used during war.
d. A treaty needs congressional approval while an executive agreement does not.
d. A treaty needs congressional approval while an executive agreement does not.
How many ways can the Constitution be amended?
a. 1
b. 2
c. 3
d. 4
b. 2
When a government official is __________, the House of Representatives has brought an official statement of charges against them.
a. petitioned
b. impeached
c. ratified
d. subpoenaed
b. impeached
“We must never forget that it is . . . a Constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.”
—Chief Justice John Marshall, 1819
John Marshall believed that the Constitution was meant to be adapted. What specific features of the Constitution provide for change and adaptation?
Answers will vary but may include Article V (Article Five of the Constitution describes the process of how the Constitution may be altered) and the ability to make amendments, the principles of checks and balances and separation of powers.
“We must never forget that it is . . . a Constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.”
—Chief Justice John Marshall, 1819
According to Chief Justice John Marshall, the Constitution is
a. a document that should not be altered.
b. meant to be changed to reflect the changes in society.
c. too difficult to understand.
d. a document that means different things to different people.
b. meant to be changed to reflect the changes in society.
A(n) ____________ called by Congress is a method for proposing amendments that has never been used.
national convention
Explain what executive agreements are and how they have changed the constitutional relationship between the president and Congress.
Executive agreements are agreements made directly between the president and the head of another nation. The two nations thereby avoid the process of making treaties, which require approval by the Senate. Executive agreements thus strengthen the presidency and weaken the Congress by sidestepping a constitutional check on the president’s ability to set foreign policy.
Compare the philosophies of judicial activism and judicial restraint, and explain how each affects the separation of powers.
Judicial activism is when the Supreme Court plays an active role in shaping national policies by addressing social and political issues, whereas judicial restraint is when the Supreme Court avoids addressing social and political issues. Judicial activism weakens the separation of powers by involving the Court in what are traditionally executive and legislative functions. Judicial restraint reinforces separation of powers.
Why do you think that, both for proposing and for ratifying amendments to the Constitution, the convention method is seldom used?
Answers will vary. Students should recognize that a specially elected convention would require more planning and be more costly than a proposal by Congress and ratification by state legislatures. Also, some people believe that a convention might not limit itself to a specific amendment.
