POS 101 - Week 2 Flashcards
When was the US Constitution signed?
September 17, 1787
Separation of Powers
three branches of government with separate responsibilities
Executive Branch
composed of the President and his cabinet
Legislative Branch
a bicameral law-making body made up of representatives of the people
Judicial Branch
justices empowered to determine whether laws are constitutional and to settle disputes according to law
What 2 chambers make up the legislative branch?
What is the Great Compromise?
- Senate
- House of Representatives
- The compromise to create two chambers in the legislature, one based on population and one representing each state
Checks and Balances
each branch of the government can check on the others
Constitutional Amendments
How many are there?
additional provisions to the original US Constitution of 1787
27 amendments
Bill of Rights (1791)
limited the powers of the national government
made up of the first 10 amendments
1st Amendment
freedom of
- religion
- speech
- assembly
- press
- to petition
2nd Amendment
freedom to maintain a militia and to bear arms
3rd Amendment
no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law
4th Amendment
no one may be subjected to unreasonable search or seizures, a
warrant for searches and arrest must be based on probable cause
5th Amendment
- freedom against self-incrimination and double jeopardy
- right to have an attorney
- rights to grand juries and eminent domain proceedings
6th Amendment
- a person must be informed of the reason for their arrest
- right to criminal proceedings
7th Amendment
right to trial by jury in civil cases
8th Amendment
- freedom from cruel and unusual punishment
- freedom from excessive bail or fines
9th Amendment
rights not expressly given are retained by the people
10th Amendment
rights not given to national government or denied to states belong to the states and people
13th Amendment
prohibition of slavery
14th Amendment
due process and equal protection
15th Amendment
the right to vote (race)
19th Amendment
the right to vote (sex)
26th Amendment
the right to vote (age)
Constitutional Clauses
provisions found in the US Constitution
Commerce Clause
power of Congress to regulate trade among states and with other countries
Elastic Clause
power of Congress to do what is necessary to execute specifically designated powers
Establishment Clause
prohibits the creation and support of churches by the national government
Extradition Clause
a state must return a person who is fugitive of another state to that state upon request
Full Faith and Credit Clause
each state recognizes other state’s public acts, records, and proceedings
Privileges and Immunity Clause
extends privileges and immunities of
one state to citizens of other states
Supremacy Clause
Constitution and federal laws superior to conflicting state and local laws
Models of Governmental Order
relationships between governments
National Powers (4)
exclusively include:
- national defense
- printing and coining money
- creating post offices
- foreign affairs
State Powers (3)
exclusively include:
- creating state militias
- creating cities
- determining voter qualifications and holding elections
Concurrent Powers (3)
concurrently include:
- borrowing money
- collecting taxes
- creating banks
Representative Powers (1)
states independently elect national representatives
