Honors Constitution Test Flashcards
1st amendment
protects the five freedoms- RAPPS
Religon, assembly, press,petition, speech (expression)
2nd amendment
protects the right to bear arms
3rd amendment
outlaws quartering
4th amendment
no unreasonable search
5th amendment
rights of the accused
6th amendment
guarantees a speedy trial
7th amendment
guarntes trial by jury and civil suits
8th amendment
no cruel or unusual punishment
9th amendment
the unspoken rights
10th amendment
creates the reserved powers
social contract
John Locke’s theory that we give up some freedom in order to protect us from others
succession
the order in which officials would replace other officials if they died or had to step down
due process
a legal hearing or fair trial
John Locke
Created the human rights and social contract
Thomas Jefferson
primary author of Deceleration of Indpendence
Articles of Confederation
a weak form of government before the Constitution were students were loosely tied toghther
Anti-Federalist
opponents to the Constitution, who feared federal government
delegated power
a power identified in the Constitution as a federal power- coin money, declare war, regulate trade are examples
concurrent power
a power shared between state and federal government- create taxes and courts are examples
reserved power
a power that is not identified in the Constitution, therefore is a state power- elections, education, driving and many more
popular soverignty
the idea that people rule
Clear and Present Danger clause
speech that could endanger others by creating panic, such as shouting fire in a crowded theater
the five freedoms
speech
press
religon
assembly
petition
and press- be able to explain each
What were the goas stated in the Constitution preamble?
Form a more perfect union. Establish justice. Provide for the common defense. promote the general welfare. Secure the blessings of liberty.
When is Independence Day?
July 4 1776
In the Costitution who is He?
King George III
Where was the D of I written?
Phillidelphia, same as the Constitution.
What is Social Contract?
A theory by Locke that states the goverened must consent to the rule of the government. This is done to protect them from others.
Supremacy clause
Indicates that the Constiution supercedes any state law
Seperation of Power
The assigning of different powers to each branch of government.
- Legislative-writes law
- Executive-enforces
- Judicial- interprets law
Or the further divison of powers of government.
Articles of Confederation
The first government of the 13 states, underwhich we were a Confederate government not really tied toghther. This government was lacking many components- taxes, president, army, money, and more
Process of adding a new Constitutional amendment
National approval first 2/3. (Congress or National convention)
States second 3/4 (Legislatures or conventions)
Where was the Constituion written?
Phillidelphia, Independence Hall 1787 (Same location as the D of I)
What was the Great Compromise?
- Resolved the issue of big states versus little states.
- Combined the New jersey plan and Virginia plan
- Created a bicameral legislature
- One chamberof Congress based on population (House)
- One chamber equal for every state. (Senate)
What was the 3/5 compromise regarding?
The counting of slaves for the population.
What were major compromises that effected the Constituional convention?
- THe Great Compromise : bicameral legislature
- 3/5 compromise- counting slaves
- The Bill of Rights- eased fear of the Anti-Federalists about united government
- Checks and balances, seperation of power- added to appease the Anti-Feds as well.
Who were the Federalists?
- People who favored a new Constitution
- believe in having a strong national government
- power to the president
- today called Liberal
- Madison, Jay, Hamilton
Who were the Anti-Federalists?
- People who distrusted a new Constitution
- Believe in power to individual states
- Fought for checks and balances and a Bill of Rights
- Thomas Jefferson and others
What was Madisons role in the Constitutional convention?
- Major compromiser
- Kept a diary of events
- Wrote Federalist papers
- Called “ The Father of the Constitution”
What elements did the Articles of Confederation lack that the Constitution has today?
- A President
- A national currency
- the power to tax
- a court system
- an army
- strength of national government in general
What can be said about the conditions of our rights at any point in time?
- They all have limitations
- These limitations shrink and grow over time
- The Constitution is paper and gains importance when we argue its meaning
- No freedom is absolute
What is the Clear and Present danger clause?
- In regards to the first amendment
- You are not allowed to use speech that would harm other people directly, such as shouting “Fire!” “ Bomb!: etc. to cause a panic
What is prior restraint?
- An illegal act according to the 1st amendment freedom of press
- Classifying information from the press or making it a crime to reveal a news story (that is factual)
What are the two ways the Second amendment has been interpretted?
- As either an individual right (you personally have the right to bear arms. Pro-gun
- As a collective right of the state to form a militia. Gun-control advocates
How have voting rights changed since the Constituion began? Why?
- Originally only white male land owners could vote
- 15th amendment allows all races ot vote
- 19th amendment allows women to vote
- 24th amendment outlaws poll tax
- Voting Rights act opulawed literacy tests and other practices
- Because the Constitution does not define voting it is a reserved power (state power) many states have used this to limit voting in the past so many amendments involve sufferage
What is bail?
A sum of money paid that guarntees someone accused of a crime will appear for trial. The 8th amendment bans excessive bails.
What is the establishment clause?
- part of the first amendment that guarntees the government will not promote a religon
- often described as creating a wall of seperation between church and state
What is the Bill of Rights?
- the first ten amendments to the Constitution
- Created by the Anti-feds to prevent an abusive government
- Passed in conjunction with the Constituion 1787
What is meant by the phrase “ No double jeopardy?”
- someone tried of a crime cannot repeatadly be charged for the same inccident.
- protected under the 5th amendment
What is a warrant?
- Approval by a judge that gives police permission to search one’s property.
- Required by the 4th amendment
What is eminent domain?
The ability of the government to seize property for the public good. (also part of the fifth amendment)
What was the Zenger case regarding?
- The first amendment and slander
- If what is being said is true it does not constiute slander
What are the Civil War (Reconstruction) amendments?
- 13: ends slavery
- 14: Natural born citizen and due process for all
- 15: Any race can vote
What is the 18th amendment?
- Created prohibition
- Overturned by the 21st
What is slander?
A harmful spoken lie. Not protected by free speech
What is the 14th amendment?
- Created rule of soil for citizenship
- one of the Civil war amendments
- Guarntees states cannot remove a persons rights without due process ( a trial)
What is the 17th amendment?
Allows the people to vote for Seantors.
What is the 13th amendment?
- Outlawed slavery.
- One of the Civil war amendments
What is the 15th amendment?
- States cannot restrict the right to vote based off race, color, or previous servitude
- One of the Civil war amendments
- has been violated by the reserved power of states to handle elections
What is the 24th amendment?
Banned poll taxes
What was the 19th amendment?
Women’s sufferage
What is the 26th amendment?
Lowered voting age to 18
What is the 16th amendment?
Created income tax
What si the 27th amendment?
Limits Congressional pay raises
What is the 22nd amendment?
- Limited the presidents terms to 2 (.5)
- Max possible is 10 years if you serve half term as vp and become president
- passed because of FDR (elected 4 times)
What is amendment 23?
Gave washington D.C. 3 electoral votes
What is the 20th amendment?
- lame duck amendment
- moved up the swearing in of new elected officals
- President takes office January 20th
What is amendment 25?
- Created the order of succesion
- It goes as follows:
- Vice President
- Speaker of the House
- President Pro Tempore
- Cabinet (Starting with the Secretary of State)
What were some major incluences to the Constitution?
- The Magna Carta: Limited government
- Locke’s Second treatise of government: defined social contract and essential rights.
- The Decleration of Independence: see above
- The American revolution: sculpted many of our ideas about government
