The Constitution Flashcards
Popular Sovereignty
all political power resides with the people
Limited Government
no government is all powerful
Rule of Law
gov and its officers are not above the law
Separation of Powers
duties of governing are divided among three branches
Checks and Balances
system of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others
Veto
the president rejected legislation
Judicial Review
power courts use to determine whether what government does is in accord with what the constitution provides
Unconstitutional
any law or government action that is found to violate a part of the constitution
Federalism
the division of power among a central government and several regional governments came to the constitution out of both experience and necessity
Supremacy Clause
declares that the constitution together with U.S. laws passed under the constitution is the supreme law of the land
Supermajority
the majortiy
Repeal
to revoke or cancel the law by a legislative act
Goals of the Constitution in order
- form a more perfect union
- established justice
- ensure domestic tranquility
- provide for the common defense
- promote the general welfare
- secure the blessing of liberty
Basic principles
- structure and languages expresses six basic principles
-popular sovereignty
-limited government
-separation of powers
-checks and balances
-judicial review
-federalism
Separation of power
- executive branch can veto legislative branch
- executive branch can appoint some court official in judicial branch
- legislative branch can override veto on executive branch
- legislative branch can propose constitutional changes and impeach officials in judicial branch
- Judicial branch can determine whether laws are constitutional in legislative branch
- Judicial branch can review executive orders
1st amendment
protects freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right or petition the government
2nd Amendment
protects the right to keep and bear arms
3rd Amendment
restricts the quartering of soldiers in private homes
4th Amendment
prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause
5th Amendment
sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy
6th Amendment
protects the right to a speedy public trial by jury, to notification of criminal accusations, to confront the accuser, to obtain witnesses and to retain counsel
7th Amendment
provides for the right or a jury trial in civil lawsuits
8th Amendment
Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment
9th Amendment
states that rights not enumerated in the constitution are retained by the people
10th Amendment
states that the federal government possesses only those powers delegated, or enumerated, to it through the constitution, and that all other powers are reserved to the states, or to the people
11th Amendment
makes states immune from suits from out-of -state sovereign immunity
12th Amendment
Revises presidential election procedures by having the president and vice president elected together as opposed to the vice president being the runner up in the presidential election
13th Amendment
abolishes slavery, and involuntary servitude, except as punishment for a crime
14th Amendment
defines citizenship, contains the privileges or immunities clause, the due process clause, and the equal protection clause, and deals with post-civil war issues
15th Amendment
prohibits the denial of the right to vote based on race, color or previous condition of servitude
16th Amendment
permits Congress to levy an income tax without apportioning it among the various states or basing it on the United States Census
17th Amendment
established the direct election of United States senators by popular vote
18th Amendment
prohibited the manufacturing or sale of alcohol within the United States
19th Amendment
provided women the right to vote
20th Amendment
changes the dates on which the terms of the president and vice president, and of members of Congress, begin and end, to January 20 and January 3 respectively. states that if the president-elect dies before taking office, the vice president-elect is to be inaugurated as president
21st Amendment
repeals the 18th amendment and makes it a federal offense to transport or import intoxicating liquors into U.S. states and territories where such is prohibited by law
22nd Amendment
limits the number of times a person can be elected president
23rd amendment
grants the district of Columbia electors in the electoral college
24th Amendment
prohibits the revocation of voting rights due to the non-payment of a poll tax or any other tax
25th Amendment
addresses succession to the presidency and establishes procedures both for filling a vacancy in the office of the vice president and responding to presidential disabilities
26th Amendment
prohibits the denial of the right of the US Citizen, 18 years of age or older, to vote on account of age
27th Amenment
delays laws affecting congressional salary from taking affect until after the next election of representatives
