Constitution Flashcards
due process
the principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards
the principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards
due process
republican government
a representative political system in which authority comes from the people and is exercised by elected officials
a representative political system in which authority comes from the people and is exercised by elected officials
republican gov
checks and balances
a system in which each branch government can limit the power of the other branches
a system in which each branch government can limit the power of the other branches
checks and balances
federalism
a system of government in which power is divided between a central government and smaller regional governments
a system of government in which power is divided between a central government and smaller regional governments
federalism
independent judiciary
a system of judges and courts that is seperate from other branches of government. Such a judiciary is not controlled by politicians and can exercise independent judgement
a system of judges and courts that is seperate from other branches of government. Such a judiciary is not controlled by politicians and can exercise independent judgement
independent judiciary
strict construction
a literal approach to interpreting the Constitution, using the exact words of the document
a system of judges and courts that is seperate from other branches of government. Such a judiciary is not controlled by politicians and can exercise independent judgement
independent judiciary
a flexible approach to interpreting the Constituion, taking into account current conditions in society
loose construction
loose construction
loose construction a flexible approach to interpreting the Constituion, taking into account current conditions in society
judicial review
the power of the courts to declare laws and executive acts unconstitutional. the Supreme Court is the ultimate judge of whether a government action conforms to the Constitution.
Structure of the Constituion
- Premable- Purpose of government
Articles:
1. Establishes Legislative Branch
2. Establishes Executive Branch
3. Establishes Judicial Branch
4. Relations among the states
5. Amendment process
6: Payment debts; Supermacy Clause; oaths of office
7: Ratification
Amendments:
Formal Changes to the the constitution
Preamble
- Form a more perfect union
- establish justice
- ensure domestic tranquility
- provide for the common defense
- promote general welfare
- secure the blessings of liberty to ourselves and our posterity
Enumerated powers
Specifically listed in consittution
Implied powers
laws that the legislature can claim as part of its laws making responsibility. They can make all laws that are necessary and proper (Necessary and Proper Clause (aka elastic clause)
4 sections of Aritcle IV
- Full faith credit: each state must honor the laws an court decisions of other states
- Treatment of citizens: each state may discriminate against the residence of another state
- New states and territiories: only congress can authorize
- Protection of states
Amending the constitution
Proposal
An amendment can be proposed by Congress with a two-thirds vote in both the House of Representatives and the Senate. Alternatively, two-thirds of state legislatures can request a constitutional convention to propose amendments. However, this method has never been used.
Notification
The amendment is sent to the governor of each state.
Ratification
The amendment must be ratified by three-fourths of state legislatures or conventions. The Office of the Federal Register at the National Archives tracks state votes.
Announcement
Once three-fourths of states ratify the amendment, it is published and becomes part of the Constitution
1st Amendment
freedom of religion, speech, press, assembly and petition
2nd Amendment
Right 2 bear arms
3rd Amendment
Quartering of soldiers
