Unit 2 The Constitution Flashcards
How many articles does the Constitution have?
7 Articles
How many amendments does the Constitution have?
27 Amendments
Article
Creates our basis system of government.
Article 1
Establishes the legislative branch. Also procedures for making laws, lists types of laws Congress may pass, and specify powers that Congress does not have. (MAIN IDEA: MAKE THE LAWS)
Article 2
Creates the executive branch, carry out laws by Congress, Power vested in the President. Detail powers and duties of President, describe qualifications of office and procedures for electing and provide for vice-president. (MAIN IDEA: [PRESIDENT] CARRY OUT LAWS)
Article 3
Supreme Court as head of the judicial branch. Outlines the supreme court jurisdiction, or authority to rule on cases. (MAIN IDEA: [SUPREME COURT] INTERPRETS THE LAWS)
Article 4
Called Federalism, How does the states interact with one another and the national government Each state must give citizens of other states the same treatment. The national government will protect the states from invasion or domestic violence.
Article 5
This article spells out the ways that the Constitution can be amended or changed. (How to amend or change the Constitution?)
Article 6
Contains the supremacy clause, establishing that the Constitution, laws passed by Congress, and treaties of US “shall be the supreme law of the land” (When it is created there is nothing else above it)
Article 7
Article 7 addresses the ratification of the Constitution. (How do we approve the Constitution?) The answer is 9 of 13 states approve it and then it goes into effect which has now changed to ⅔ votes.
Jurisdiction
This is the authority to rule on cases or areas.
Supremacy Clause
The Constitution is the supreme law of the land.
Amendment
A big fancy term that means to change. (To change the Constitution).
Preamble to the Constitution
It introduces the document and states the reason for writing. (It states 5 ideas)
What are the 5 ideas to the Preamble of the Constitution?
- Establish justice or laws
- Will ensure domestic tranquility (internal peace)
- Provide for the common defense (provide protection for America)
- Promote the General Welfare (all people have certain needs)
- Secure the blessings of Liberty (freedom is important)
What is the Preamble to the Constitution? (MUST BE MEMORIZED ENTIRELY FOR TEST!!!)
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
What branch was originally thought to be the most important of the branches?
Founders expected Congress to be the most important of the national branches
Expressed Powers
Powers directly states anytime, anywhere int eh Constitution for Congress
Enumerated Powers
Article 1, Section 8 numbers 1-18. They are express powers that are numbered from 1-18
McCulloch vs. Maryland
Approved and validated the elastic clause
Marbury vs. Madison
This is the supreme court case that approved and validated judicial review.
Elastic Clause
Congress has the ability to expand and create laws that are necessary and proper. This is Article 1, Section 8, #18
Federal Bureaucracy
Organization that helps the president and executive branch run the country.
The Amendment Process
- step one: proposal, ⅔ vote from each house and congress
- step two: ¾ ratify of state legislatures
Ratify
A big fancy term that means to approve
Petition
A big fancy term that means to appeal. It’s when states appeal to Congress for convention
Impeach
This is a term that means to accuse. The House of Representatives impeaches and the Senate holds the trial. (Still innocent until proven guilty). Three ways a person may be impeached: Treason, Bribery, or high crimes and misdemeanors.
Treaty
This means formal agreement between two nations. (this is binding)
Executive Agreement
This is an agreement between two leaders and doesn’t always hold p under law. (This is usually just sort of a formal handshake.)
Judicial Restraint
Supreme court interprets the law and nothing else (this is a conservative view)
Judicial Activism
Supreme Court should help shape policy. (This is more of a liberal view)
Federalism
The division and sharing of power between the national and state governments
Due Process of Law
The Constitution must be followed at all times
Eminent Domain
Government takes private property for public use
Bill of Rights
The first 10 amendments. They were written by James Madison in 1791. He created 12 of them but only 10 were actually approved.
Slander
Anytime you spread lies or rumors (spoken false)
Libel
This applies to written or published statements (written false)
Amendment #1
Called the five freedoms: freedom of press, speech, petition, religion, and assembly.
Amendment #2
The right to bear arms (militia, armed forces of citizens) (ability to arm yourself)
Amendment #3
Called Quartering troops
Amendment #4
Unreasonable search and seizure (you need probable cause)
Amendment #5
The Due process amendment (must follow constitutional procedures in trails and actions)
Amendment #6
A fair and speedy trial
Amendment #7
Civil suits, right to jury trial in federal courts to settle disputes about property worth more than $20
Amendment #8
excessive bail/cruel and unusual punishment
Amendment #9
Power to the people
Amendment #10
Power to the states
Amendment #11
Called lawsuits among states
Amendment #12
Updates electing the president and vice president (after the election of 1800 when they realized we don’t need a president from one party and a vice president from another)
Amendment #13
Abolition or outlaw of slavery
Amendment #14
Rights of citizens, anyone born in the US is a natural citizen
Amendment #15
Gives black males the right to vote
Amendment #16
Income taxes
Amendment #17
Direct election of senators
Amendment #18
Prohibition or outlaw of alcohol
Amendment #19
Women’s right to vote
Amendment #20
AKA the lame duck amendment. It changes the time that the presidents change hands from March to January.
Amendment #21
Repeals the 18th Amendment and you can have alcohol once again
Amendment #22
Limits the amount of terms that a president can have. It’s now limited to 2 4-year terms.
Amendment #23
DC gets electoral college votes (they get 3 total)
Amendment #24
Outlawed poll taxes
Amendment #25
Presidential succession
Amendment #26
Changes voting age to 18
Amendment #27
Congress cannot raise their pay until the next election cycle.
Delegated Powers
The Constitution gives these powers to the national government
Implied Powers
Powers required to carry out the laws
Inherent Powers
Inherit because they are a government they can do this (this being power resources and laws)
Reserved Powers
Powers to states
Concurrent Powers
Powers that both the national and states share.
Interstate Compact
AN agreement between states
“Full Faith and Credit”
Article 4 explains each state must citizens of another state privileges and immunity
Extradite
To more a criminal to the place of their crime
State’s Rights Position
An individual favors states and local governments
National Position
An individual favors the national government
Equal Rights Amendment
States removed or revoked their vote
Federal Grant
Government money for certain things (ex: schools, roads, and flooding)
Overriding Veto
⅔ vote of each house of congress
What system is the veto power?
The veto power is a check and balance
