Contitution 2 Flashcards
Rule of law
A principle under which all persons, institutions, and entities are accountable to laws that are: Publicly promulgated. Equally enforced.
Limited government
The government has only those powers stated in the Constitution and granted to it by the people.
Representative government
A form of government in which elected officials will represent, lead, and act on behalf of the citizens of a distinct community, such as a nation.
Individual rights
Rights that are required to live a free and equitable life and cannot be interfered with or denied by the government or other individuals.
four enlightenment thinkers
- Thomas Hobbes
- John Locke
- Adam Smith
- David Hume
What is the magna carta?
The first document to put into writing the principle that the king and his government was not above the law.
Declaration of independence
States the principles on which our government, and our identity as Americans, are based (signed on August 2, 1776)
What four things caused the revolution?
Stamp Act, Boston tea party, Townshed Act, and Lexington and Concord
What is the Articles of confederation?
The written document that established the functions of the national government of the United States after it declared independence from Great Britain.
Three weaknesses of the articles
- 9 out of 13 colonies had to agree
- There was no Judicial and Executive branches.
- Congress lacked power to collect taxes
Bicameral (definition)
“two chambers”, a government structure involving two houses
Four delegates that attended the constitutional convention
- George Washington
- James Madison
- Alexander Hamilton
- Benjamin Franklin
Virgina plan
2 houses: 1 upper and 1 lower.
Executive branch chosen by legislature.
Judiciary chosen by legislature.
New Jersey plan
1 house:1 delegate from each state.
Weak executive elected by legislature.
Congress had power to tax and regulate trade.
How does the Electoral College work?
The Electoral College process consists of the selection of the electors, the meeting of the electors where they vote for President and Vice President, and the counting of the electoral votes by Congress.
3 reasons ferdalists support the constitution
- W/o strong central government an Anarchy will happen
-Checks and balances stop tyranny - Works over a large territory.
3 reasons anti-ferdalists oppose the constitution
- Extralegal- not sanctioned by law
- Strong central government would lead to a tyranny
- Lacked a Bill of Rights
The first ten amendments of the constitution are called the
Bill of Rights
Who was considered of the “Father” of the Constitution?
James Madison
Popular Sovereignty (definition)
The idea that government is authorized by citizens and influenced by what they want
Separation of powers
The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another
Which article does the Executive branch fall under?
Article II
Which article does the Judicial branch fall under?
Article III
Which article does the Legislative branch fall under?
Article I
What is the Supremacy clause?
When state laws conflict with the Constitution, the Constitution wins.
Basic freedoms ( Freedom of speech, press, religion, assembly, and petition).
Amendement 1
The right to bear armsAmendment 2
Amendment 2
During war soldiers can not come into your house without consent.
Amendment 3
Can not have unreasonable search and seizures.Amendment 4
Amendment 4
You have the right to remain silent
Amendment 5
You have the rights to a fair trialAmendment 6
Amendment 6
You have the rights to a civil trialAmendment 7
Amendment 7
No cruel and unusual punishmentsAmendment 8
Amendment 8
The government cannot take away rights of the American people that are not specifically listed in the U.S. Constitution.
Amendment 9
Any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large.Amendment 10
Amendment 10
Limited federal court Jurisdiction over lawsuits involving states (1795)
Amendment 11
Defining citizenship prohibited states from denying due process, equal protection, and other basic rights (1868)Amendment 14
Amendment 14
Gave Congress the power to levy and collect taxes on income (1913)
Amendment 16
Limited the power of Congress to raise members pay (1992)Amendment 27
Amendment 27
Seperate electoral college ballots for president or Vice Presidnet (1806)
Amendment 12
Called for direct election of senators by voters (1913)
Amendment 17
Date change for president, vice president, and members of Congress to take office.
Amendment 20
Term limit for president to 2 full terms or no more than 10 years in office
Amendment 22
Provided for succession in case of the presidents death or disability (1967)
Amendment 25
Banned slavery and involuntary servitude
Amendment 13
Empowered the federal government to prohibit the sale of alcohol
Amendment 18
Repealed the highly unpopular 18th ammendment
Amendment 21
All male of all races can vote (1870)
Amendment 15
Extended the right to vote to women (1920)
Amendment 19
Granted voting rights in presidential elections to the residents of the district of columbia
Amendment 23
Banned poll taxes or fees imposed on voters (1964)
Amendment 24
Lowered the voting age from 21 to 18 (1971)
Amendment 26
The preamble phrases
- Form a more perfect union
- Establish justice
- Ensure domestic tranqility
-Provide for the common defense - Promote the general welfare
- Secure the blessings of liberty to ourselves and our prosperity
Article I
Sets up the Legislative Branch of government.
Article II
Sets up the Executive Branch.
Article III
Sets up the Judicial Branch
Article IV
Tells how the states relate to each other and Federal government.
Article V
Tells how the Constitution may be changed
Article VI
Says the Constitution is the supreme law of the land. Requires oath. Allows Congress to borrow money.
Article VII
Says the Constitution will be the law if nine states ratify (accept) it. All states ratified the Constitution between 1787 and 1790.
