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Civics > Constitution > Flashcards

Constitution Flashcards

1
Q

due process

A

the principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards

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2
Q

the principle that no person can be deprived of life, liberty, or property without fair legal procedures and safeguards

A

due process

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3
Q

republican government

A

a representative political system in which authority comes from the people and is exercised by elected officials

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4
Q

a representative political system in which authority comes from the people and is exercised by elected officials

A

republican gov

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5
Q

checks and balances

A

a system in which each branch government can limit the power of the other branches

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6
Q

a system in which each branch government can limit the power of the other branches

A

checks and balances

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7
Q

federalism

A

a system of government in which power is divided between a central government and smaller regional governments

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8
Q

a system of government in which power is divided between a central government and smaller regional governments

A

federalism

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9
Q

independent judiciary

A

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

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10
Q

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

independent judiciary

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11
Q

strict construction

A

a literal approach to interpreting the Constitution, using the exact words of the document

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12
Q

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

independent judiciary

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13
Q

a flexible approach to interpreting the Constituion, taking into account current conditions in society

A

loose construction

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14
Q

loose construction

A

loose construction a flexible approach to interpreting the Constituion, taking into account current conditions in society

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15
Q

judicial review

A

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.

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16
Q

Structure of the Constituion

A
  1. 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

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17
Q

Preamble

A
  • 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
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18
Q

Enumerated powers

A

Specifically listed in consittution

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19
Q

Implied powers

A

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)

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20
Q

4 sections of Aritcle IV

A
  • 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
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21
Q

Amending the constitution

A

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

22
Q

1st Amendment

A

freedom of religion, speech, press, assembly and petition

23
Q

2nd Amendment

A

Right 2 bear arms

24
Q

3rd Amendment

A

Quartering of soldiers

25
Q

fourth amendment

A

Prevents unreasonable search and seizure

26
Q

Fifth Amendment

A

Rights of the accused
- due process
- eminent domain: process by which gov takes private property

27
Q

sixth amendment

A

right to a fair trial

28
Q

seventh amendment:

A

right to a speedy trial by a jury of peers in fed cases

29
Q

eighth amendment

A

bans excessive bail

30
Q

ninth amendment

A

rights retained by the people. guarantees rights not listed in Bill of rights

31
Q

tenth amendment

A

reserves powers for the states and the people that are not specifically given to the national gov

32
Q

eleventh amendment

A

The amendment prevents lawsuits from out-of-state citizens, foreign individuals, and citizens within the state’s own jurisdiction. It also prevents federal lawsuits in state courts.

33
Q

fourteenth amendment

A

Defined citizenship and prohibited states from denying due process, and other basic rights to citizens

34
Q

Sixteenth Amendment

A

Gave Congress the power to levy and collect taxes on incomes

35
Q

Twenty-seventh amendment

A

Limited the power of Congress to raise members’ pay

36
Q

Twelfth Amendment

A

Required seperate electoral college ballots for presidential and vice president

37
Q

Seventeenth Amendment

A

Called for the direct election of senators by voters

38
Q

Twentieth Amendment

A

Changed the date when the president, vice president, and members of Congress take office

39
Q

Twenty-second Amendment

A

Limited the president to two full terms or no more than ten years in office

40
Q

Twenty fifth Amendment

A

Provided for succession in case of the president’s death or disability

41
Q

13th amendment

A

banned slavery

42
Q

fifteenth amendment

A

extended voting rights to male citizens of all races

43
Q

Guiding Principles of the Constituion

A
  • federalism
  • independent judiciary
  • rule of law
  • establish limited gov
  • Sept of powers
  • popular sovereignty
  • individual rights
44
Q

Process of judicial interpretation. Five sources of info

A
  1. Constitution
  2. Og intent of framers of constituion
  3. Court precedents
  4. consequences of their interpretation
  5. morality
45
Q

judicial review

A

Judicial review is a legal process that allows the judiciary to review the actions of the government’s executive, legislative, or administrative branches. In a judicial review, a court can invalidate laws, acts, or governmental actions that are not compatible with a higher authority, such as the Constitution.

46
Q

significance of Maybury v. Madison

A

the Supreme Court, for the first time, struck down an act of Congress as unconstitutional.

47
Q

significance of McCulloch v Maryland:

A

Making the Constitution the Supreme Law of the land
- national bank

48
Q

United States v Nixon:

A
  • Reaffrming the Rule of Law
  • United States v. Nixon, 418 U.S. 683, was a landmark decision of the Supreme Court of the United States in which the Court unanimously ordered President Richard Nixon to deliver tape recordings and other subpoenaed materials related to the Watergate scandal to a federal district court.
49
Q

Goss v. Lopez

A
  • Extended the individual rights of students to include due process
50
Q

Amendment 23

A

Grants DC electors for presidential election

Civics (14 decks)

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