Nature of the US constitution Flashcards

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1
Q

what does article 1 establish

A

legislative branch

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2
Q

what does article 2 establish

A

executive branch

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3
Q

what does article 3 establish

A

judicial branch

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4
Q

what does article 4 establish

A

federalism

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5
Q

what does article 5 establish

A

how to amend the constitution

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6
Q

what does article 6 establishh

A

constitution as supreme law of the land (sovereign)

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7
Q

what does article 7 establish

A

how to ratify the document (how it is established by the states)

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8
Q

The legislature (US) is made up of

A

House of Representatives (435) and senate (100)

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9
Q

The judiciary is made up of

A

Supreme Court 9 justices

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10
Q

the executive is made up of

A

president and Vice President

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11
Q

what is an enumerated power

A

a formal written power

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12
Q

Article 4- the states sets out

A

individual states power of governance and law making
explains how states interact
conditions for states to follow

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13
Q

Article one sets out the guidelines of legislature in

A

qualification (eg age), size, who they represent, special duties and role in lawmaking

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14
Q

The bill of rights is

A

the first ten amendments of the US constitution

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15
Q

the bill of rights helped to

A

reduce state concerns regarding the power of a new central government

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16
Q

what is the 16th ammendment

A

congress should have the power to lay and collect taxes on income from whatever source derived

17
Q

what is the 19th amendment

A

sex should not determine whether someone has the ability to vote

18
Q

what is the 25th amendment

A

in the event of the death or removal of president the Vice President should take his place

19
Q

what are amendments 13 -15

A

these try to provide solutions issues over race and slavery

20
Q

what are the 18th and 21st amendment

A

18th is prohibition of alcohol
21st repeal the prior ban on alcohol

21
Q

what is the 22nd amendment

A

a president can not do more than two terms

22
Q

the nature of the US constitution is

A

codified
entrenched
vague and specific

23
Q

as the US constitution is codified and has been through the process that is

A

Authoritative (higher than standard law)
entrenched (difficult to change or abolish)
judicable (used as standard to determine whether laws are constitutional>

24
Q

what article means the US constitution is not fully entrenched

A

Article 5 lays out the amendment process

25
Q

the US constitution is entrenched which means

A

the amendment process is incredibly different

26
Q

the US constitution is vague and specific which means

A

there are implied powers not stated eg the power to draft people into the armed forces is implied from congress power t raise army and navy

27
Q

what is the necessary and proper clause

A

the elastic clause powers can be bent and stretched where necessary allowing the constitution to adapt

28
Q

McCulloch v Maryland

A

SCOTUS ruled government had right to create national bank which state of Maryland couldn’t tax as a business.

because congress has the enumerated power to collect tax making national bank necessary and prope.

29
Q

Gibbons v Ogden

A

New York allow monopoly over its waters to one business a competitor took them to court and as business and commerce is federal their law supersedes state law.

30
Q

what are reserved powers

A

these are powers that limit federal gov and are reserved to the states or the people

31
Q

Article 4 the supremacy clause established

A

national law is supreme