Social Studies: The US Constitution Flashcards
Pleading the fifth. And also 1-4 and 6-27.
Mayflower Compact
First attempt at self-government in the colonies
Fundamental Orders of Connecticut
First written constitution in the colonies
Articles of Confederation
First national constitution
Misc I
The Senate ratifies treaties made by the president
The “necessary and proper” clause is the “elastic clause”, grants the US Congress “implied powers”
Three Types of Constitutional Powers
- Enumerated (also: expressed, listed, or delegated)
- Reserved (or residual)
- Concurrent (or shared)
Not accepted: prohibitive
Article I
Creation of the Legislative Branch
Article II
Creation of the Executive Branch
Article III
Article IV
“full faith and credit!”
Article V
Outlines the process for amending!!
Article VI
Supremacy Clause!
No religious test to hold public office.
Article VII
nine states required for ratification of the Constitution.
The “original Constitution”
- Refers to the Constitution including the preamble and articles, but not any of the amendments.
- Prohibited:
- Passing “ex-facto laws”
- issuing bills of attainder
- suspending a writ of habeas corpus
- states placing duties on imports
- Included:
- Extradition of fugitive slaves
- direct election of Senators
- the Electoral College
- Ability of federal government to impose taxes
Ratified 1788; first state Delaware
Did not prohibit passing taxes on individual incomes (personal income tax), did not include seperation of church and state; did not provide that states receive one vote in congress
Methods of Amending
congressional legislation
judicial review
customs and usage
Congress is the only method that has been successfully used to
propose an amendment to the US Constitution, not state or national conventions.
At present, 38 states is the minimum number needed to ratify an amendment before the change could occur
Not popular referendum
Number of Amendments
27 (currently)
Bill of Rights
collective name by which the first ten amendments are known
Amendment 1
right to petition (This means that citizens have the right to approach their government for the resolution of problems, to express dissatisfaction with government policies, or to request changes in legislation or government practices.)
protects freedom of speech, press, and religion
Amendment 2
bear arms
Amendment 3
no quartering of soldiers
Amendment 4
unlawful or unreasonable search and seizure
warrants needed for searches