United State Constitution Review Flashcards
What is the constitutional convention? Where? Key problems?
to address the problems under the Articles of Confederation in Philadelphia, Pennsylvania. They identified the problem with a weak central government.
What year was the constitutional convention?
1787, Constitution ratified in 1788
Order of important documents made (declaration of independence, articles of confederation, constitution, etc).
1776: Continental Congress- Declaration of Independence
1777: Second Continental Congress- drafts Articles of Confederation (1781 ratified)
1787: Articles of Confederation is revised
1788: Constitution ratified
Three-Fifth’s Compromise
It determined that three out of every five slaves were counted when determining a state’s total population for legislative representation and taxation.
The Great Compromise
Promised the creation of a bicameral legislature composed of the House of Representatives and the Senate.
Electoral College Compromise
A compromise between the election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens.
Articles of Confederation
The US first frame of government established by the Thirteen Colonies. It did not work because it had a weak central government.
Declaration of Independence
It announced the separation of the thirteen American colonies from Great Britain.
United States Constitution
Established the present day government system and processes which improvements like a strong central government.
Article I
Describes the design of the Legislative Branch of the US government; which is, Congress
Article II
Speaks of the Executive Branch, sets out the details for how we elect a president (Electoral College) and how we might remove one from office (impeachment).
Article III
Speaks of the Judiciary Branch, establishes the Supreme Court and inferior courts Congress can obtain.
Legislative Branch
Makes all laws, declares war, regulates interstate and foreign commerce and controls taxing and spending policies. Office is Congress, the House (2 year term) and the Senate (6 year term).
Executive Branch
Responsible for enforcing the laws of the land. Office is the President (4 year term).
Judiciary Branch
Decides the constitutionality of federal laws and resolves other disputes about federal laws. The office is The Supreme Court (for life).
Who developed checks and balances?
Montesquieu had formulated the checks and balances. This is where each branch has the power to limit or “check” the actions of the other branches, preventing any one branch from becoming too powerful.
What are check and balances
This is where each branch has the power to limit or “check” the actions of the other branches, preventing any one branch from becoming too powerful.
Legislative Branch (Congress) checks
Makes laws and allocates funds from the Executive (President) and confirms judicial appointments from the Judiciary (Supreme Court).
Executive Branch (President) checks
Can veto legislation from the Legislative (Congress) and appoint justices for the Judiciary (Supreme Court).
Judiciary Branch (Supreme Court) checks
Can make rules on Executive Action (President) and rules on legislative (Congress)
First Amendment
Congress make no law respecting an establishment of religion or prohibiting its free exercise
Second Amendment
Right to possess and bare arms, protects the right for Americans to possess weapons for the protection of themselves, their rights, and their property
Third Amendment
Quartering act; it forbids the housing of any military service member in private homes without the consent of the owner.
Fourth Amendment
Protects people from unreasonable searches and seizures by the government
Fifth Amendment
You may remain silent; protects individuals by preventing the government from abusing its prosecutorial powers
Sixth Amendment
Gives citizens a series of rights in criminal trials
Seventh Amendment
Protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value.
Eighth Amendment
Makes sure their punishment matches the severity of the crime.
Ninth Amendment
The government cannot take away rights of the American people that are not specifically listed in the U.S. Constitution.
Tenth Amendment
Any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large.
Thirteenth Amendment
Forbids slavery across the United States and in every territory under its control, except as a criminal punishment.
Fourteenth Amendment
Anyone born in the United States is a citizen and that all states must give citizens the same rights guaranteed by the federal government in the Bill of Rights
Fifteenth Amendment
The right of citizens to vote shall not be denied on accounts of race or previous solitude.
Eighteenth Amendment
Banned the manufacture, sale and transport of alcoholic beverages.
Twenty-First Amendment
Repeal of Prohibition (18th amendment)
Separation of Powers
It is the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.
Who created Separation of powers
Montesquieu
Natural Law
It claims that humans are born with a certain moral compass that guides behaviors.
Who created Natural Law
Aristotle
Natural Rights
It is the basic rights that include the right to life, liberty, and the pursuit of happiness
Who created natural rights
John Locke
Social Contract
An agreement between the ruled and rulers about basic rights and duties
Who created social contract
Jean-Jacques Rousseau
Court case regarding judicial review
Marbury v. Madison
Court case regarding guaranteeing a lawyer
Gideon v. Wainwright
Line of succession to the president
Vice president, speaker of the house, longest term senator, secretary of state, secretary of the treasury.
Who impeaches and the process?
The House of Representatives votes with a simple majority winning if they are impeached or not.
Impeachment
Impeachment is the process of bringing charges against a government official for wrongdoing
Which presidents have been impeached?
Andrew Johnson (1868), Bill Clinton (1998), Donald Trump (2021)
Treason in regards to Article III
Treason is levying War against them, or in adhering to their Enemies, giving them Aid and Comfort
Roles of the Cabinet
They advise the president and lead departments in the Executive branch.
How do cabinet members get their job?
They are nominated by the president and then the Senate simple majority is the deciding factor.
Common Sense and its impact
Written by Thomas Paine, Common Sense rallied people to see the problems with monarchy. It called for independence against Britain and it enlightened many people.
Necessary and Proper Clause
It gives Congress the power to make laws that are necessary and proper for carrying out its other powers
Illinois electoral votes #
19
Who are current U.S. Senators for the State of Illinois?
Dick Durbin and Tammy Duckworth
Miranda v. Arizona
The Court held that detained criminal suspects must be informed of their rights prior to police questioning.
Gideon v. Wainwright
Guaranteeing the right to legal counsel for criminal defendants in federal and state courts.
Marbury v. Madison
Created the doctrine of judicial review and set up the Supreme Court of the United States as chief interpreter of the Constitution
Plessy v. Ferguson
Legal basis for racial separation and upheld Jim Crow laws.
Brown v. Board of Education
The Supreme Court ruled that separating children in public schools on the basis of race was unconstitutional; overruled Plessy v. Ferguson.
What is the clinching number to win the electoral college?
270 electoral votes
Lawmaking process (How does a Bill become a law)
The bill can become passed into law if it is passed by the House of Representatives, The Senate, and the President.
Nineteenth Amendment
Granted women the right to vote
Ex Post facto
A law that imposes an increase in criminal punishment retroactively. If a law is made after a sentencing, it still will apply but retroactively.
Process of adding an amendment
A convention must be called by 2/3 vote of both houses in Congress or national convention (2/3 of state legislatures).
Shays rebellion
Farmers mad due to debt burdens and unfair taxation, which ultimately exposed the weakness of the national government under the Articles of Confederation and highlighted the need for a stronger central authority to address such crises; this unrest led many to advocate for a new constitution
