Module 3-The Constitution Flashcards
5 Freedoms of First Amendment
-Speech
-Religion
-Press
-Assembly
-Petition
6th Amendment
Right to fair and speedy trial
7th Amendment
Right to jury trial in civil casses
8th Amendment
No excessive fines or cruel/unusual punishment
18th Amendment
Prohibition or alcohol
21st Amendment
Repealed 18th (prohibition)
22nd Amendment
2 terms limit on presidency
26th Amendment
Lowered voting age from 21 to 18
10th Amendment
Any rights not given to federal government are given to the states and people.
25th Amendment
Lays down the rules for who becomes president if the president dies/resigns etc
27th Amendment
Congress cannot accept a pay raise until next term.
11th Amendment
Individual cannot sue a state in a federal court.
12th Amendment
Separate ballots for President and Vice
President
13th Amendment
Abolished Slavery
(Civil War)
14th Amendment
If you are born or naturalized in the U.S. then you are a citizen of the U.S.
(Civil War)
15th Amendment
You cannot prevent a person from voting
because of race, color, or creed.
(Civil War)
What was laid out in Federalist #51
(Written by James Madison)
Explains structure of govt to ensure that no 1 power takes over govt. (Checks + Balances)
What was laid out in Federalist #78
(Written by Alexander Hamilton)
Judicial Review/Independence
3 Reasons why the constitution establishes a bicameral legislature
Historical- The British Parliament had 2 houses
Practical- The Framers had to settle the fight between large and small states over representation
Theoretical- Each house could check each other to ensure one doesn’t take over
Bill of rights
First 10 amendments of constitution
5th Amendment
Protects criminal defendants from having to testify if they may incriminate themselves through the testimony
Article 5
States how the constitution can be amended
Popular sovereignty
The Constitution establishes a government based on the consent of the governed. The sovereign power is held not by a King or an aristocracy but by the American people.
4 Ways to Formally Amend Constitution
1
-Proposed by a 2/3 vote in Congress.
*Ratified by 3/4 of the state legislatures.
2
-Proposed by a 2/3 vote in Congress.
~Ratified by conventions held in 3/4 of the states.
3
>Proposed at a national convention called by congress when requested by 2/3 of the states.
*Ratified by 3/4 of the state legislatures.
4
>Proposed at a national convention called by congress when requested by 2/3 of the states.
~Ratified by conventions held in 3/4 of the states.
5 Ways to Informally Amend Constitution
-Passage of basic legislation(laws) by congress
-Executive Action
-Court Decisions
-Activities of political parties
-Custom/tradition
Local (city) government gets their authority from __________________________
State governments
McCulloh v Maryland
The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government
Bicameral Legislature
Made up of 2 houses (Legislative, Executive)
Executive Article
Article 2 of constitution, established presidency
Inferior courts
Lower federal courts under supreme court
Popular sovereignty
Power is in the hands of the people
Limited govt
Says that no govt is all powerful, govt is given power by the people
Constitutionalism
Govt must be conducted according to constitutional principles
Rule of law
Govt and its officers are never above the law
Checks and balances
Each branch has some powers that ensure no 1 branch takes over
Judicial Review
Power of court to determine constitutionality of govt action
Federalism
A system of govt with a constitution with division of powers among central govt and many regional govts
Amendment
Changes to constitution
Formal amendment
changes that become part of the constitution
Executive agreement
Pact between president and head of another foreign state
Treaty
formal agreement between 2 or more sovereign states
Cabinet
Presidents advisory body
Senatorial courtesy
Senates approval of presidential appointees
Delegated powers
powers granted to the national govt
Expressed powers
delegated powers of national govt that are spelled out in constitution
Implied powers
delegated powers of national govt suggested by expressed powers
Inherent powers
Powers the constitution is presumed to have delegated to national govt bc it is a sovereign state
Reserved powers
powers the constitution doesn’t grant to national govt and doesn’t deny state
Exclusive powers
powers exercised by national govt alone
Concurrent powers
Powers that both national and state govt posesses and exercises
Supremacy clause
Provision of constitution that states that it is the “supreme law of the land”
Enabling act
an act directing the people of a territory to frame a proposed state in the constitution (NWO)
Act of admission
An act creating a new state (NWO)
Grants-in-Aid Program
Grant sof federal money or other resources to the states and other cities, counties, etc.
Categorical grant
grants of federal money to states for airports, school lunches, etc. strings attached
Block grants
Funds used for broad purposes. States decides how to spend
Project grant
Funds used for individual projects. States compete for these grants
Interstate compact
Agreements amount themselves and with foreign states
Full faith and credit clause
Constitutions requirement that each state accepts the public acts, records, and judicial proceeding of other states
Extraction
legal process by which a fugitive from justice in 1 state is returned to that state
Privileges and immunities clause
Constitutions stipulation that all citizens are entitled to certain priviledges and immunities, regardless of home state.
