Constitution Outline

Question 1

Define limited government

Answer 1

• The government can’t do certain things

- The constitution limits the government’s power

Question 2

Define popular sovereignty

Answer 2

The people have the power

Question 3

Define separation of powers

Answer 3

• The power does not rest in just one branch

- Laws: legislative writes, executive enforces, judicial interprets

Question 4

Define checks and balances

Answer 4

Each branch has some authority over the others

Question 5

Define judicial review

Answer 5

• The power to decide whether or not laws are Constitutional

- SCOTUS gave this to themselves

Question 6

Define federalism

Answer 6

• The division of power between national and state government
• 10th amendment: if the power does not belong to the Federal government it belongs to the state or to the people

Question 7

Article I Section 8 Clause 1-17

Answer 7

Powers of Congress

• Tax
• Borrow
• Rules of naturalization
• Weights and measurement

Question 8

Article I Section 8 Clause 18

Answer 8

Necessary and Proper/elastic Clause

• AKA “Santa Clause”
• “Promoting the general welfare of the people” (implied powers)

Question 9

What is Ex Post Facto and where is it found in the Constitution?

Answer 9

• You can’t write a law and then punish somebody for doing something that was legal when they did it
• Article I Section 9

Question 10

What is Bill of Attainder and where is it found in the Constitution?

Answer 10

• Bill that directly punishes someone (not allowed)

- Article I Section 9

Question 11

What is the Writ of Habeus Corpus?

Answer 11

• “Present the body” (the right to a speedy and public trial unless suspected of terrorism - Patriot Act)
• Article I Section 9

Question 12

What is in Article II?

Answer 12

Executive and Presidential powers

Question 13

What is in Article III?

Answer 13

The Judiciary - sets up the Supreme Court and other inferior courts

Question 14

What is in Article IV?

Answer 14

Relations among the states

Question 15

What is full faith and credit?

Answer 15

• States have to recognize documents from other states

- Article IV

Question 16

What are privileges and immunities?

Answer 16

• You cannot be treated differently in one state because you are a resident of another state
• The US guarantees every state a republican form of government
• Article IV

Question 17

What is extradition?

Answer 17

• The right to transfer criminals from governor to governor

- Article IV

Question 18

What is in Article V?

Answer 18

How we amend the Constitution

• 2/3 of senate to propose
• 3/4 of states to ratify
• Congress/National Convention —-> State Legislature/State Convention

Question 19

What is in Article VI

Answer 19

The Supremacy of the Constitution

- An oath of office is not required to be religious

Question 20

Has a national convention ever been used to ratify and amendment?

Answer 20

No

Question 21

How many times have state conventions been used to ratify amendments?

Answer 21

Once (21st amendment)

Question 22

How many times have state legislatures been used to ratify an amendment?

Answer 22

26

Question 23

What are informal amendments to the constitution?

Answer 23

How the constitution is shaped

Question 24

What is basic legislation?

Answer 24

Whenever Congress writes a law

Question 25

What is executive action?

Answer 25

When the President defines their role and takes action

Question 26

What are court decisions?

Answer 26

Courts make decisions that shape the constitution

Question 27

What are party practices?

Answer 27

The election process!

• How congress runs (using the majority party)
• The constitution never mentions a party system

Question 28

What is an example of a custom

Answer 28

Only running for two terms (FDR)

Question 29

What is Article I Section 10?

Answer 29

States cannot print money or make treaties with other countries