Constitution Flashcards

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1
Q

When was the constitution ratified?

A

Between 1787 and 1790

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2
Q

How many constitutional amendments has there been?

A

27

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3
Q

What is the Bill of Rights?

A

First 10 commandments of the constitution-1791

-protects powers of the states against the federal government

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4
Q

What are some key amendments?

A

1st-freedom of expression and religion
2nd-right to bear arms
4th-no unreasonable searches or seizures of peoples property
5th-protection against double jeopardy and self-incrimination
8th-freedom from cruel and unusual punishment
10th-right of the states to have reserved powers,as opposed to the federal government

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5
Q

What is the codification criteria?

A

Authoritative,entrenched and judicable

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6
Q

What are enumerated powers?

A

Powers that are explicitly stated in the constitution

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7
Q

What are some enumerated powers held by congress?

A

-collection of taxes
-declaration of war
-provision for maintenance of a navy or army
-establishing post offices
-establishing currency

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8
Q

What are some examples of enumerated powers held by the president?

A

-heads the executive
-nominates cabinet,ambassadors and judiciary
-proposes measures to congress
-vetoes legislation
-grants pardons

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9
Q

What are some examples of enumerated powers held by the courts

A

-rule on constitutional cases

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10
Q

What are implied powers?

A

Powers that aren’t explicit in the constitution but are necessary to govern

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11
Q

What are some implied powers held by congress?

A

-necessary and proper clause
-interstate commerce clause

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12
Q

What are some implied powers held by the president?

A

-commander in chief of the armed forces

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13
Q

What’s an implied power held by the courts?

A

-power of judicial review

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14
Q

What was decided in Mculloch v Maryland 1819?

A

-Supreme Court used necessary and proper clause to rule that congress had the power to create a national bank

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15
Q

What are some concerns with the vagueness of the constitution?

A

-failure to regulate political practice
-Supreme Court could become too powerful
-significant conflict

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16
Q

What is the amendment process?

A

Proposal:either by 2/3 of each house of congress or by a national convention at the request of 2/3 of the state legislature

Ratification:by 3/4 of the state legislature or 3/4 state convention

17
Q

Which amendment was the only one to be ratified by state convention?

A

21st amendment ending prohibition

18
Q

What are some challenges of the formal process?

A

-difficult to remove outdated aspects
-difficult to incorporate new ideas
-undemocratic
-gives Supreme Court excessive power

19
Q

What are some advantages of the formal process?

A

-protects key principles of political processes
-protects states and uphold federalism
-prevents abuse of power
-prevents Ill-thought-through amendments

20
Q

What are the 5 key principles of the constitution?

A

-federalism
-separation of powers
-checks and balances
-bipartisanship
-limited government