Constitution Flashcards
Form a more perfect union
Build better relationships between the states, and the states and national government
Establish justice
Provide/administer laws that are reasonable, fair, and impartial
Ensure domestic tranquility
Keep peace and maintain order within our country
Provide for the common defense
Defend the nation against outside threats and foreign enemies
Promote the general welfare
Allow all states to benefit militarily and economically from the protection of a strong national government
Secure the blessings of liberty
Protect liberties won in the American Revolution and preserve them going forward for future generations
Goals of the constitution
Form a more perfect union Establish justice Ensure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty
Popular sovereignty
The government gets its authority from the people and the ultimate political power remains with the people
Limited government
Restricting government power to protect individual rights
Separation of powers
Power id divided between the three branches which prevents the abuse of power by any one branch.
Checks and balances
Each branch has the power to “check” or restrain some of the powers of the two other branches.
Judicial Check
Can declare acts of congress and the executive branch unconstitutional.
Executive Check
Can veto acts of Congress, appoint federal judges
Legislative Check
Can impeach president/federal judges
Expressed powers
Powers listed in the Constitution and are granted to the national government (ex: Congress has the power to collect taxes)
Implied powers
Powers not specifically listed in the Constitution, but are logical extensions of expressed powers (ex: constitution does not state how to tax, so the government had the power to create the IRS)
Inherent powers
Powers that historically have been recognized as naturally belonging to all governments. (ex: power to acquire new territory and conduct foreign affairs)
Reserved powers
Not mentioned in the Constitution, but they belong to the states because they are not granted to the national government by the Constitution nor prohibited by the states. (ex: regulate marriage, conduct elections, control public school systems, issue licenses)
Concurrent powers
Powers held by both the national gov. and state gov. If the Constitution does not state that the power belongs ONLY to the national government, then it is shred with the states.(ex: levy taxes, establish courts, enforce laws, borrow/spend money)
Federalism
divides the powers between the national and state governments (this protects state rights).
Supremacy Clause
Federal laws are superior to state laws
Fiscal federalism
Uses a system of spending, taxing, and providing aid in the federal system. This helps influence state policies.
Grants in aids
Money and other resources that the national government provides to pay for state and local activities
1st amendment
Freedom of speech, religion, press, assembly, and petition
2nd amendment
The right to bear arms
3rd amendment
The right to deny housing to a soldier
4th amendment
Your home cannot be searched unreasonably or without a warrant. For a warrant to be granted, there must be probable cause.
5th amendment
Prohibits self incrimination and double jeopardy. Mandates due process of law. The government can use eminent-domain
6th amendment
Right to a speedy, public trial. Right to know the crime you’re being accused of. Right to a lawyer and a witness.
7th amendment
Right to a jury. Can’t sue the same person over the same issue.
8th amendment
Right to a reasonable bail, fines, and punishment
9th amendment
The people’s rights are not limited to the rights listed in the Constitution.
10th amendment
Any power not given to the federal government goes to the states.
Two ways to propose an amendment
- By Congress: approved by 2/3s of the HOUSE and SENATE
- By Delegates: discussed at national convention called by Congress. The convention is held at the request of at least 2/3s state legislators
Two ways to ratify and amendment
- 3/4s of state legislatures must approve the amendment
- Citizen elect delegates for their state. These delegates meet at the state convention to discuss the amendment. 3/4s of state delegates must agree to pass the amendment
Significance of Marbury vs Madison
The principle of judicial review was created. This gave the judicial branch to determine acts of the other branches unconstitutional.
