Unit 2 Flashcards
Extradition
returning a fugitive to where they committed a crime to face trial
Slander
purposely telling lies with the intent to harm one’s reputation
Due Process
TRIAL BY JURY, doing something fair, Magna Carta, fair chance for trial, no self incrimination, big in Amendment 5
Double jeopardy- you can’t be charged twice for the same crime
Eminent domain- taking private property for public use
Warrant
a document issued by a legal or government official authorizing the police or some other body to make an arrest, search premises, or carry out some other action relating to the administration of justice
Representative Government
the government is elected by citizens
Supremacy Clause
In Article 6, Federal law takes precedence over any conflicting state law
Elastic Clause
AKA Necessary and Proper Clause
“stretches” Congress’ power to do what is necessary (ex. taxes, IRS)
I 8:18 Donuts
Full Faith and Credit Clause
each state must honor and validate other states laws, court decisions and public records
Exceptions: Hunting/fishing licenses, college tuition
Popular Sovereignty
the people rule
Federalism
power is (shared/divided) at different levels with top level having more power (strong central government)
Checks and Balances
each Branch checks/limits the other branches
Judicial Review
deciding if something is unconstitutional
Ex. Marbury vs Madison
Northwest Ordinance
chartered a government for Northwest Territory, provided a new method for admitting new states to the Union
Why is Judicial Review an important part of the Checks and Balance system? What court case established Judicial Review?
It ensures each branch of government recognizes the limits of its own power.
Ex. Marbury vs Madison
Marbury v Madison
With his decision in Marbury v. Madison, Chief Justice John Marshall established the principle of judicial review, an important addition to the system of “checks and balances” created to prevent any one branch of the Federal Government from becoming too powerful
the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review
Compare and Contrast Federalists and Anti Federalists
Federalists supported the Constitution and a strong central government while the Anti Federalists did not.
Compare and Contrast Federalists and Anti Federalists
Federalists supported the ratification of the Constitution in 1787-1788 and believed in a strong central government. Anti Federalists did not support the Constitution nor wanted a strong central government
What is the introduction to the United States Constitution called? List the six fundamentals listed in the introduction
The preamble
Popular sovereignty, limited government, separation of power, checks and balances, judicial review, federalism
What is the first fundamental part of the preamble?
Popular sovereignty
What is the second fundamental part of the preamble?
Limited government
What is the third fundamental part of the preamble?
Separation of power
What is the fourth fundamental part of the preamble?
Checks and balances
What is the fifth fundamental part of the preamble?
Judicial Review
What is the sixth fundamental part of the preamble?
Federalism
Popular sovereignty
people rule
Limited government
multiple ways to limit the government
Separation of power
3 branches: legislative, executive, judicial
Checks and balances
each Branch checks/limits other branches
Judicial review
decides if something is unconstitutional
How do constitutional amendments become ratified?
three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification
Expressed powers
the powers delegated to the National Government AKA enumerated powers. CLEARLY STATED
Implied powers
powers that are not expressly stated, but reasonably suggested by the expressed powers. NOT CLEARLY STATED.
Reserved powers
powers that the constitution does not grant to the National Government but does not deny to the States.
States only- schools, elections, licensing, 10th amendment
Exclusive powers
powers that can be exercised only by the National Government and not by any State under any circumstances
Federal government only- military, money, citizenship
Concurrent powers
both national and state can posses and exercise- make laws/collect taxes
Article #1
legislative branch.
Two parts (bicameral): senate (100, equal) and house of representatives (435, population)
Elastic clause
stretches congress’ power
I 8:18
Article #2
Executive branch. President, V.P and Cabinet
Article #3
Judicial Branch: court system
Article #4
state relations
Full Faith and Credit
Found in article 4
states must honor other states’ laws
EXCEPT hunting/fishing licenses and college tuition
Article #5
three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification
Article #6
supremacy, debt ,oath (6SS)
Supremacy clause= the Constitution and federal laws take priority over any conflicting rules of state law
Article #7
anything over $20, you can request a trial by jury
Ratification
1st Amendment
Freedom of speech, religion, press, assembly and petition. Cannot put anyone in danger. No slander/libel (written)
2nd Amendment
the right to bear arms, must be a certain age, quantity limits in some states
4th Amendment
requires search warrant to search and seize private property
26th Amendment
voting age for citizens: 18 years old, original age was 21
26th Amendment
voting age for citizens: 18 years old, original age was 21
18th Amendment
prohibited the making, transporting, consumption and selling of alcoholic beverages
21st Amendment
repealed the 18th amendment, ending prohibition and allowing sale of alcohol
What are the Civil War Amendments?
13, 14, 15
5th Amendment
Right to remain silent
Means being fair, no self incrimination
Due process= trial by jury
Double jeopardy= you can’t be charged twice for the same crime
Eminent domain= private property for public use
8th Amendment
No excessive punishment, bails, penalties, fines
10th Amendment
the Federal Government only has those powers delegated in the Constitution
13th Amendment
abolished slavery
14th Amendment
anyone born in the US is automatically a citizen, provided citizenship to forever slaves, equal protection of law as a citizen
15th Amendment
all men can vote regardless of race- including slaves
