Honors Constitution Test Flashcards

1
Q

1st amendment

A

protects the five freedoms- RAPPS

Religon, assembly, press,petition, speech (expression)

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2
Q

2nd amendment

A

protects the right to bear arms

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3
Q

3rd amendment

A

outlaws quartering

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4
Q

4th amendment

A

no unreasonable search

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5
Q

5th amendment

A

rights of the accused

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6
Q

6th amendment

A

guarantees a speedy trial

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7
Q

7th amendment

A

guarntes trial by jury and civil suits

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8
Q

8th amendment

A

no cruel or unusual punishment

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9
Q

9th amendment

A

the unspoken rights

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10
Q

10th amendment

A

creates the reserved powers

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11
Q

social contract

A

John Locke’s theory that we give up some freedom in order to protect us from others

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15
Q

succession

A

the order in which officials would replace other officials if they died or had to step down

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18
Q

due process

A

a legal hearing or fair trial

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34
Q

John Locke

A

Created the human rights and social contract

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35
Q

Thomas Jefferson

A

primary author of Deceleration of Indpendence

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37
Q

Articles of Confederation

A

a weak form of government before the Constitution were students were loosely tied toghther

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38
Q

Anti-Federalist

A

opponents to the Constitution, who feared federal government

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43
Q

delegated power

A

a power identified in the Constitution as a federal power- coin money, declare war, regulate trade are examples

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44
Q

concurrent power

A

a power shared between state and federal government- create taxes and courts are examples

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45
Q

reserved power

A

a power that is not identified in the Constitution, therefore is a state power- elections, education, driving and many more

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53
Q

popular soverignty

A

the idea that people rule

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60
Q

Clear and Present Danger clause

A

speech that could endanger others by creating panic, such as shouting fire in a crowded theater

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78
Q

the five freedoms

A

speech

press

religon

assembly

petition

and press- be able to explain each

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79
Q

What were the goas stated in the Constitution preamble?

A

youtu.be/yHp7sMqPL0g?t=54s

Form a more perfect union. Establish justice. Provide for the common defense. promote the general welfare. Secure the blessings of liberty.

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80
Q

When is Independence Day?

A

July 4 1776

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81
Q

In the Costitution who is He?

A

King George III

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82
Q

Where was the D of I written?

A

Phillidelphia, same as the Constitution.

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83
Q

What is Social Contract?

A

A theory by Locke that states the goverened must consent to the rule of the government. This is done to protect them from others.

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84
Q
A
85
Q

Supremacy clause

A

Indicates that the Constiution supercedes any state law

86
Q

Seperation of Power

A

The assigning of different powers to each branch of government.

  1. Legislative-writes law
  2. Executive-enforces
  3. Judicial- interprets law

Or the further divison of powers of government.

87
Q

Articles of Confederation

A

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

88
Q

Process of adding a new Constitutional amendment

A

National approval first 2/3. (Congress or National convention)

States second 3/4 (Legislatures or conventions)

89
Q

Where was the Constituion written?

A

Phillidelphia, Independence Hall 1787 (Same location as the D of I)

90
Q

What was the Great Compromise?

A
  • 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)
91
Q

What was the 3/5 compromise regarding?

A

The counting of slaves for the population.

92
Q

What were major compromises that effected the Constituional convention?

A
  • 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.
93
Q

Who were the Federalists?

A
  • People who favored a new Constitution
  • believe in having a strong national government
  • power to the president
  • today called Liberal
  • Madison, Jay, Hamilton
94
Q

Who were the Anti-Federalists?

A
  • 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
95
Q

What was Madisons role in the Constitutional convention?

A
  • Major compromiser
  • Kept a diary of events
  • Wrote Federalist papers
  • Called “ The Father of the Constitution”
96
Q

What elements did the Articles of Confederation lack that the Constitution has today?

A
  • A President
  • A national currency
  • the power to tax
  • a court system
  • an army
  • strength of national government in general
97
Q

What can be said about the conditions of our rights at any point in time?

A
  • 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
98
Q

What is the Clear and Present danger clause?

A
  • 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
99
Q

What is prior restraint?

A
  • 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)
100
Q

What are the two ways the Second amendment has been interpretted?

A
  • 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
101
Q

How have voting rights changed since the Constituion began? Why?

A
  • 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
102
Q

What is bail?

A

A sum of money paid that guarntees someone accused of a crime will appear for trial. The 8th amendment bans excessive bails.

103
Q

What is the establishment clause?

A
  • 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
104
Q

What is the Bill of Rights?

A
  • the first ten amendments to the Constitution
  • Created by the Anti-feds to prevent an abusive government
  • Passed in conjunction with the Constituion 1787
105
Q

What is meant by the phrase “ No double jeopardy?”

A
  • someone tried of a crime cannot repeatadly be charged for the same inccident.
  • protected under the 5th amendment
106
Q

What is a warrant?

A
  • Approval by a judge that gives police permission to search one’s property.
  • Required by the 4th amendment
107
Q

What is eminent domain?

A

The ability of the government to seize property for the public good. (also part of the fifth amendment)

108
Q

What was the Zenger case regarding?

A
  • The first amendment and slander
  • If what is being said is true it does not constiute slander
109
Q

What are the Civil War (Reconstruction) amendments?

A
  • 13: ends slavery
  • 14: Natural born citizen and due process for all
  • 15: Any race can vote
110
Q

What is the 18th amendment?

A
  • Created prohibition
  • Overturned by the 21st
111
Q

What is slander?

A

A harmful spoken lie. Not protected by free speech

112
Q

What is the 14th amendment?

A
  • Created rule of soil for citizenship
  • one of the Civil war amendments
  • Guarntees states cannot remove a persons rights without due process ( a trial)
113
Q

What is the 17th amendment?

A

Allows the people to vote for Seantors.

114
Q

What is the 13th amendment?

A
  • Outlawed slavery.
  • One of the Civil war amendments
115
Q

What is the 15th amendment?

A
  • 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
116
Q

What is the 24th amendment?

A

Banned poll taxes

117
Q

What was the 19th amendment?

A

Women’s sufferage

118
Q

What is the 26th amendment?

A

Lowered voting age to 18

119
Q

What is the 16th amendment?

A

Created income tax

120
Q

What si the 27th amendment?

A

Limits Congressional pay raises

121
Q

What is the 22nd amendment?

A
  • 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)
122
Q

What is amendment 23?

A

Gave washington D.C. 3 electoral votes

123
Q

What is the 20th amendment?

A
  • lame duck amendment
  • moved up the swearing in of new elected officals
  • President takes office January 20th
124
Q

What is amendment 25?

A
  • 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)
125
Q

What were some major incluences to the Constitution?

A
  • 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