Constitution Flashcards

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1
Q

Define constitution

A

1a : the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it. b : a written instrument embodying the rules of a political or social organization.

The Constitution of the United States is the supreme law of the United States of America

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2
Q

The U.S. Constitution

A

Written in 1787, ratified in 1788, and in operation since 1789, the United States Constitution is the world’s longest surviving written charter of government. … The Constitution also provides that the Senate advise and consent on key executive and judicial appointments and on the approval for ratification of treaties.

The Constitution of the United States is the supreme law of the United States of America. This founding document, originally comprising seven articles, delineates the national frame of government. Wikipedia

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3
Q

U.S. Constitution Preamble

A

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

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4
Q

Articles of Confederation

A

The Articles of the Constitution talk about the duties of the three main parts of government: the Executive Branch, the Legislative Branch, and the Judicial Branch. The articles also talk about the separate powers of the Federal and State government, and how to change the Constitution.

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5
Q

How many articles are there ?

A

7 articles

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6
Q

How is the constitution divided ?

A

The Constitution itself is divided into three major parts, the Preamble, seven articles, and amendments.

The Constitution is organized into three parts. The first part, the Preamble, describes the purpose of the document and the Federal Government. The second part, the seven Articles, establishes how the Government is structured and how the Constitution can be changed. The amendments are our individual human rights.

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7
Q

27 Amendments to the Constitution

A

Our individual human rights

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Wikipedia

Amendment, in government and law, an addition or alteration made to a constitution, statute, or legislative bill or resolution. Amendments can be made to existing constitutions and statutes and are also commonly made to bills in the course of their passage through a legislature.

Thirty-three amendments to the United States Constitution have been proposed by the United States Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789. Twenty-seven of these, having been ratified by the requisite number of states, are part of the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights. Six amendments adopted by Congress and sent to the states have not been ratified by the required number of states. Four of these amendments are still pending, one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it. All 33 amendments are listed and detailed in the tables below.

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8
Q

How can the Constitution be amended ?

A

There are three ways in which the Constitution can be amended: Amendment by simple majority of the Parliament. Amendment by special majority of the Parliament. Amendment by special majority of the Parliament and the ratification of at least half of the state legislatures.

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9
Q
Article 1 of the Constitution 
10 sections ((+ABSTRACT))
A

Section 1 ((Abstract))

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2 (( ABSTRACT))

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

Section 3 (( ABSTRACT))

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Section 4 (( ABSTRACT))

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.

Section 5 (( ABSTRACT))

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Section 6 (( ABSTRACT))

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

Section 7 ((Abstract))

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Section 8 ((ABSTRACT))

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

Section 9 ((ABSTRACT))

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

Section 10 ((Abstract))

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

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10
Q
Article 2 of the Constitution 
4 sections ((+ABSTRACT))
A

Section 1 ((Abstract))

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:

Section 2 ((ABSTRACT))

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

Section 3 ((Abstract))

He shall from time to time give to the Congress Information on the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section 4 ((Abstract))

The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

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11
Q
Article 3 of the Constitution 
3 sections ((+Abstract))
A

Section 1 ((Abstract))

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2 ((ABSTRACT))

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;-to all Cases affecting Ambassadors, other public ministers and Consuls;-to all Cases of admiralty and maritime Jurisdiction;-to Controversies to which the United States shall be a Party;-to Controversies between two or more States;-between a State and Citizens of another State;-between Citizens of different States;-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

Section 3 ((Abstract))

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

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12
Q
Article 4 of the Constitution 
4 sections ((+Abstract))
A

Section 1 (( Abstract))

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Section 2 ((Abstract))

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

Section 3 ((Abstract))

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

Section 4 ((Abstract))

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

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13
Q

Article 5 of the Constitution

A

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

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14
Q

Article 6 of the Constitution

(+ABSTRACT)

A

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

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15
Q

Article 7 of the Constitution

(+ABSTRACT)

A

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

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16
Q

The Bill of Rights

A

the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights,

The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights

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17
Q

How many amendments to the United States Constitution have been proposed by the United States Congress and sent to the states for ratification since the Constitution was put into operation on March 4, 1789 ?

A

Thirty three

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18
Q

How many Amendments having been ratified by the requisite number of states, are part of the Constitution ?

A

27

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19
Q

How many amendments adopted by Congress and sent to the states have not been ratified by the required number of states.

A

6

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20
Q

How many of these amendments are still pending ?

A

4

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21
Q

How many Amendments have closed and failed since the Constitution was put into operation on March 4, 1789.

A

2

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22
Q

Why would 2 of the amendments close and fail ?

A

one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it.

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23
Q

How many proposals to amend the Constitution have been introduced in Congress since 1789 (as of January 3, 2019) ?

A

Approximately 11,770

24
Q

How many Amendments does the house and senate propose?

A

typically propose around 200 amendments during each two-year term of Congress.

25
Q

When was The last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states ?

A

was the District of Columbia Voting Rights Amendment in 1978. Only 16 states had ratified it when the seven-year time limit expired.

26
Q

When an amendment is proposed, how many states have to ratify it whithin in the 7 year time limit ?

A

38 states since 1959

27
Q

Which Article of the United States Constitution details the two-step process for amending the nation’s frame of government ?

A

Article 5

28
Q

Before becoming operative, the amendments must be what ?

A

Properly proposed & ratified

29
Q

Amendments must be properly proposed and ratified before becoming operative. Why was this process designed ?

A

This process was designed to strike a balance between the excesses of constant change and inflexibility.

30
Q

Amendment 1

A

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

31
Q

Amendment 2

A

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

32
Q

Amendment 3

A

No 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.

33
Q

Amendment 4

A

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.

34
Q

Amendment 5

A

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

35
Q

Amendment 6

A

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 be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

36
Q

Amendment 7

A

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

37
Q

Amendment 8

A

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

38
Q

Amendment 9

A

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

39
Q

Amendment 10

A

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

40
Q

Amendment 11

A

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

41
Q

Amendment 12 ((+ABSTRACT))

A

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves;

42
Q

Amendment 13

A

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

43
Q

Amendment 14

A

All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

44
Q

Amendment 15

A

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

45
Q

Amendment 16

A

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

46
Q

Amendment 17 ((+ABSTRACT))

A

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

47
Q
Amendment 18
3 sections ((+ABSTRACT))
A

Section 1

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

48
Q

Amendment 19

A

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

49
Q
Amendment 20 
4 sections ((+ABSTRACT))
A

Section 1

The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.

50
Q
Amendment 21
3 sections ((+ABSTRACT))
A

Section 1

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

51
Q
Amendment 22
2 sections ((+ABSTRACT))
A

Section 1

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President, when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.

52
Q
Amendment 23
2 sections ((+ABSTRACT))
A

Section 1

The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

53
Q
Amendment 24
2 sections ((+ABSTRACT))
A

Section 1

The right of citizens of the United States to vote in any primary or other election for President or Vice President for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.

54
Q
Amendment 25
4 sections ((+ABSTRACT))
A

Section 1

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

55
Q
Amendment 26
2 sections ((+ABSTRACT))
A

Section 1

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.

56
Q

Amendment 27

A

No law varying the compensation for the services of the Senators and Representatives shall take effect, until an election of Representatives shall have intervened.