The Constitution Flashcards
What is the 1st Amendment?
The right to freedom of speech
What is the 2nd Amendment?
The right to bear arms
What is the 3rd Amendment?
No soldier shall enter a house without permission
What is the 4th amendment?
A warrant is necessary to search someone’s property
What is the 5th amendment?
The right to remain silent
What is the 6th Amendment?
The right to a fair trial
What is the 7th amendment?
The right to trial by jury
What is the 8th amendment?
Cruel and unusual punishment shall nit be inflicted
What is the 9th amendment?
The enumeration of rights in the Constitution will not be used to deny people’s other rights
What is the 10th amendment?
Powers not delegated by the Constitution belong to the states
What is the 11th amendment?
States cannot be sued by citizens of other states
What is the 12th amendment?
Vice President is no longer the runner up in Presidential election
What is the 13th amendment?
Abolished slavery
What is the 14th amendment?
All citizens have equal protection under the laws
What is the 15th amendment?
The right to vote cannot be limited on the basis of race
What is the 16th amendment?
Congress has the power to levy an income tax
What is the 17th amendment?
Senators are elected directly
What is the 18th amendment?
Prohibition of alcohol
What is the 19th amendment?
Right to vote cannot be denied on the basis of sex
What is the 20th amendment?
Shortened lame duck period of presidency
What is the 21st amendment?
Repeal of prohibition
What is the 22nd amendment?
Presidential term limit
What is the 23rd amendment?
DC has the right to participate in Presidential elections
What is the 24th amendment?
Ban on poll tax
What is the 25th amendment?
Vice President would replace the President if they are removed from office or die
What is the 26th amendment?
Lowers voting age to 18
What is the 27th amendment?
Changes to the pay of Senators/Representatives don’t take effect until after the following election
Which branch of government is established in Article One?
The legislative branch
Which branch of government is established in Article 2?
The executive branch
Which branch of government is established in Article 3?
The executive branch
What relationships are established in Article 4?
The relationships between each state and between the states and federal government
What process is established in Article 5?
The process to amend the Constitution
What separation is ensured by Article 6?
Separation of church and state
What 3 words define the nature of the US constitution?
Codified
Entrenched
A blend (of specificity and vagueness)
Name 5 features of the US constitution
Presidential system
Electoral College
Supreme Court
Bicameral legislation
Constitutional rights
Name 3 core principles of the US constitution
Separation of Powers
Checks and balances
Federalism
How is the principle of separation of powers entrenched in the Constitution?
Powers clearly allocated to 3 different branches of government
Enumerated and denied powers of each give clarity about separate areas of responsibility
VP is only example of fusion of powers
Name 3 Presidential checks on Congress
President’s veto
Executive orders
Role as commander-in-chief to bypass need for Congressional approval to deploy troops
Name 2 Presidential checks on the Judiciary
President nominates all federal judges
President can issue pardons
Name 6 Congressional checks on the President
2/3 majority can overturn presidential veto
Approves all federal nominations
“Power of the Purse” allows Congress to reject funding requests
Can decline to pass president’s preferred legislation
Impeachment
Power to block treaties
Power to investigate wrongdoing of President
Name 2 Congressional checks on the Judiciary
Ability to impeach judges
Amendments can be initiated to overturn SCOTUS judgements
Give an example of SCOTUS ruling an executive action unconstitutional
Hamdan v Rumsfeld 2006 (ruled against special military commissions set up by Bush)
Trump v Vance 2020 (ruled President not immune from subpeonas)
Give an example of SCOTUS ruling an act of Congress unconstitutional
US v Windsor 2013 (ruled the Defense of Marriage Act to be unconstitutional)
Give an example of a presidential veto
Obama vetoed the Keystone XL pipeline
Trump vetoed a resolution that revoked his declaration of a national emergency on Mexico border
Give a recent example of an executive order
e.g. Trump’s Muslim Ban in 2017
Give an example of a presidential pardon
Trump pardoned former chief strategist Steve Bannon
Ford famously pardoned his predecessor Nixon
Give an example of a veto being overturned
Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA)
4 of Bush’s 12 vetoes overturned
Give an example of the Senate rejecting a presidential nominee
Robert Bork (1987) - SCOTUS
Robert Wilkins (2013) - DC Court of Appeals
Give an example of Congress rejecting funding requests
Trump’s requests for a Mexico border wall
Give an example of an amendment initiated in response to a SCOTUS ruling
13th Amendment, in response to a ruling against a national income tax
How is federalism enshrined in the constitution?
Powers of federal government enumerated in the Constitution
10th Amendment reserves powers for the state governments
What is required to pass a Constitutional amendment?
2/3 of House and Senate
or 2/3 of state legislatures call a special convention
Then ratified by 3/4 of states
Give 5 arguments against the way the constitution is currently amended
The bipartisanship of current political culture means 2/3 majorities will never be reached
The convention of a 7 year limit for ratification makes it even less likely for potential amendments to pass (e.g. ERA)
Only 27 amendments passing despite the numerous areas of potential reform shows it is too difficult
The difficulty of formal amendments gives too much power to 9 unelected justices
The numerous stages at which an amendment can be blocked gives access points for pressure groups
Give 5 arguments for the current way the Constitution is amended
The fundamental principles are too important for them to be easily changed
The requirement of 3/4 of states protects principle of federalism
High thresholds protect the liberties of citizens that would otherwise be threatened
On the big issues (e.g. slavery) it has been amended
SCOTUS rulings can act as de-facto amendments that update the Constitution
