Constitution Flashcards
How many amendments does the Constitution have?
27
How is the Constitution amended? What is ratification?
- It is proposed by both houses. It is passed with a 2/3 vote in both houses; then moves to state for ratification 3/4 vote
- Ratified: To make something official by voting or signing
Bill of Rights? What was its purpose?
first 10 amendments of the constitution
Needed for the constitution to be ratified
Guarantee the individual rights of citizens under the constitution
(list of all rights on study guide)
1st Amendment
Freedom of religion, speech, press, assembly
2nd Amendment
Right to bear arms, well regulated militia
3rd Amendment
No soldier shall in peacetime be quartered in any house without consent of owner
4th amendment
Prohibition against unreasonable search and seizures
warrant, probable cause
- a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice
- Reasonable cause for issuing a search warrant or making an arrest, more than mere suspicion
5th amendment
- No person shall be held to answer for a capital or infamous crime, unless of indictment of grand jury. (except for cases in land/naval forces, militia, time of war or public danger).
- No person shall be subject to same offense twice.
- No person shall be compelled to be a witness against himself.
- No person shall be denied life, liberty, property, without due process of law.
- No property shall be taken for public use without just compensation.
self-incrimination, eminent domain
- the act of exposing oneself (generally, by making a statement) to an accusation or charge of crime; to involve oneself or another [person] in a criminal prosecution
- the right of a government or its agent to take away private property for public use, with payment of compensation
grand jury, indictment
- legal body that is empowered to conduct official proceedings to investigate potential criminal conduct and to determine whether criminal charges should be brought
- a formal charge or accusation of a serious crime
double jeopardy
is a procedural defence that forbids a defendant from being tried again on the same (or similar) charges following a legitimate acquittal or conviction
6th amendment
-Accused shall have right to speedy public trial, by an impartial jury of the state where the crime was committed.
-Person shall be informed of nature of accusation.
-Person shall be confronted with witnesses.
-Person shall have compulsory process for obtaining witnesses in his favor.
-Person shall have assistance of counsel for defense.
–a legal body that is empowered to conduct official proceedings to investigate potential criminal conduct and to determine whether criminal charges should be brought.
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7th amendment
In suits where the value of controversy exceeds $20, there should be a jury and no fact tried by a jury shall be reexamined in any court
(Right of trial by jury in civil cases)
8th amendment
Excessive bail shall not be required. No excessive fines imposed. No cruel and unusual punishment inflicted.
cruel and unusual punishment
Punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to imprisonment
9th amendment
Unenumerated rights are protected
(states that the list of rights described in the Constitution is not fully inclusive, and that the people still have all the rights that are not listed)
10th amendment
The powers not delegate to the US by the constitution, nor prohibited to it by the states, are reserved to the states or the people
What article was the role of the president created under?
-Article II
Commander-in-chief
Prez controls the army, navy, air force, & marines
Head of State
Prez is a role model to America, look good to other countries, represent us, face of America (ex. entertains foreign leaders with formal dinners, promotes worthy causes, bestows medals on military heroes)
Chief Legislator
Prez recommends laws while advising and guiding the Congress in its lawmaking activities (ex. inviting members of Congress to lunch at White House, signing a bill of Congress, making a speech in Congress to lobby certain bills)
Chief Diplomat
Creates and dictates foreign policy, tells ambassadors what to say, can write & sign treaties (must be approved by the Senate) (ex. traveling to London to meet with British leader, writing a message/letter to leaders of the Soviet Union)
Appointing Supreme Court Justices (who approves them?)
To appoint a supreme court judge, the president first nominates a person to fill the spot and then the senate votes to confirm the nominee. Majority vote wins.
Appointing ambassadors (who approves them?)
They are appointed by the president and approved by a majority vote in senate.
Pardons
Prez grants pardons for federal offenses (except impeachment)
Signing treaties (who approves them?)
president signs treaties and the senate approves them