The Constitution (intro)

Question 1

What does the Constitution of the U.S. do?

Answer 1

It is a national charter. It creates and empowers the federal government. It is the highest source of legal authority in the nation.

Question 2

What did the colonists seek for in the U.S.?

Answer 2

They were seeking wealth and personal liberties and freedom. They felt that they were deprived of their right to free speech; that religious freedom was lacking.

Question 3

What did the American Revolution cause?

Answer 3

The Articles of Confederation was established as the first national charter. It held a promise by each member to respect the autonomy and sovereignty of each of the other member states (still absence for a national government).

Question 4

What concerns did the absence of a national government cause? (concerns about the Articles of Confederation).

Answer 4

There were two specific deficiencies that were of particular concern:

1. There was no mechanism by which the country could raise and support an army or a navy
2. There was no way to establish a national economy.

Question 5

What does the Constitution consist of?

Answer 5

It is short and contains a brief preamble, 7 articles and 27 amendments.

Question 6

Is the preamble of the Constitution an important textual source?

Answer 6

No, but it does lay out some of the basic themes of the Constitution.

Question 7

What are the four things the seven articles do?

Answer 7

1. Establish and empower a national government
2. Define the relationship between the national government and the states and among the states themselves
3. Provide a process for ratifying the Constitution
4. They specify a process for amending the Constitution.

Question 8

What is the essence of federalism?

Answer 8

Powers are divided between a national government and the states.

Question 9

What are the three branches of the national government?

Answer 9

The legislative branch, the executive branch, and the judicial branch. Each branch has its own defined powers.

Question 10

What is the meaning of the supremacy of federal law?

Answer 10

When federal and state law conflict, federal law prevails – as long as the federal law does not exceed the limits of the national government.

Question 11

What two things can the amendments do?

Answer 11

1. Refine or modify some structural element of the Constitution
2. Provide for individual rights and liberties (this is the most important ones)

Question 12

What two chambers is the Congress composed of?

Answer 12

1. The House of Representatives (members are divided among the states according to their respective populations
2. The Senate (each state has two senators)

Question 13

What is the meaning of checks and balances?

Answer 13

Each of the three branches of the federal government has its own functions. Even so, the system of checks and balances is designed to give each branch some influence and control – or “check” – over each of the other branches.

Question 14

Which powers are the national government limited to?

Answer 14

Article 8: Its powers are limited to those that are listed in the Constitution (e.g. the power to tax and the power to raise and maintain an army and a navy)

Question 15

What are federal areas of authority?

Answer 15

War power, treaty power, labor law, immigration, etc.

Question 16

What are state areas of authority?

Answer 16

Criminal law, tort law, family law, contract law, etc.

Question 17

Limits on the power of states

Answer 17

The Constitution imposes a number of limitations on the powers of the state.

1. Supremacy and preemption (federal law is supreme to state law)
2. The negative or dormant commerce clause
3. The full faith and credit clause (ensures that states respect and enforce judgments and public acts and records of other states)

Question 18

Writ of Certiorari

Answer 18

A writ of certiorari orders a lower court to deliver its record in a case so that the higher court may review it
(hvis sagen er så vigtig, at den skal afgøres af the Supreme Court først)