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United State Constitution Review Flashcards

1
Q

What is the constitutional convention? Where? Key problems?

A

to address the problems under the Articles of Confederation in Philadelphia, Pennsylvania. They identified the problem with a weak central government.

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2
Q

What year was the constitutional convention?

A

1787, Constitution ratified in 1788

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3
Q

Order of important documents made (declaration of independence, articles of confederation, constitution, etc).

A

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

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4
Q

Three-Fifth’s Compromise

A

It determined that three out of every five slaves were counted when determining a state’s total population for legislative representation and taxation.

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5
Q

The Great Compromise

A

Promised the creation of a bicameral legislature composed of the House of Representatives and the Senate.

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6
Q

Electoral College Compromise

A

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.

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7
Q

Articles of Confederation

A

The US first frame of government established by the Thirteen Colonies. It did not work because it had a weak central government.

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8
Q

Declaration of Independence

A

It announced the separation of the thirteen American colonies from Great Britain.

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9
Q

United States Constitution

A

Established the present day government system and processes which improvements like a strong central government.

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10
Q

Article I

A

Describes the design of the Legislative Branch of the US government; which is, Congress

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11
Q

Article II

A

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).

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12
Q

Article III

A

Speaks of the Judiciary Branch, establishes the Supreme Court and inferior courts Congress can obtain.

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13
Q

Legislative Branch

A

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).

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14
Q

Executive Branch

A

Responsible for enforcing the laws of the land. Office is the President (4 year term).

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15
Q

Judiciary Branch

A

Decides the constitutionality of federal laws and resolves other disputes about federal laws. The office is The Supreme Court (for life).

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16
Q

Who developed checks and balances?

A

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.

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17
Q

What are check and balances

A

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.

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18
Q

Legislative Branch (Congress) checks

A

Makes laws and allocates funds from the Executive (President) and confirms judicial appointments from the Judiciary (Supreme Court).

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19
Q

Executive Branch (President) checks

A

Can veto legislation from the Legislative (Congress) and appoint justices for the Judiciary (Supreme Court).

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20
Q

Judiciary Branch (Supreme Court) checks

A

Can make rules on Executive Action (President) and rules on legislative (Congress)

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21
Q

First Amendment

A

Congress make no law respecting an establishment of religion or prohibiting its free exercise

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22
Q

Second Amendment

A

Right to possess and bare arms, protects the right for Americans to possess weapons for the protection of themselves, their rights, and their property

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23
Q

Third Amendment

A

Quartering act; it forbids the housing of any military service member in private homes without the consent of the owner.

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24
Q

Fourth Amendment

A

Protects people from unreasonable searches and seizures by the government

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25
Q

Fifth Amendment

A

You may remain silent; protects individuals by preventing the government from abusing its prosecutorial powers

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26
Q

Sixth Amendment

A

Gives citizens a series of rights in criminal trials

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27
Q

Seventh Amendment

A

Protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value.

28
Q

Eighth Amendment

A

Makes sure their punishment matches the severity of the crime.

29
Q

Ninth Amendment

A

The government cannot take away rights of the American people that are not specifically listed in the U.S. Constitution.

30
Q

Tenth Amendment

A

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.

31
Q

Thirteenth Amendment

A

Forbids slavery across the United States and in every territory under its control, except as a criminal punishment.

32
Q

Fourteenth Amendment

A

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

33
Q

Fifteenth Amendment

A

The right of citizens to vote shall not be denied on accounts of race or previous solitude.

34
Q

Eighteenth Amendment

A

Banned the manufacture, sale and transport of alcoholic beverages.

35
Q

Twenty-First Amendment

A

Repeal of Prohibition (18th amendment)

36
Q

Separation of Powers

A

It is the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

37
Q

Who created Separation of powers

A

Montesquieu

38
Q

Natural Law

A

It claims that humans are born with a certain moral compass that guides behaviors.

39
Q

Who created Natural Law

A

Aristotle

40
Q

Natural Rights

A

It is the basic rights that include the right to life, liberty, and the pursuit of happiness

41
Q

Who created natural rights

A

John Locke

42
Q

Social Contract

A

An agreement between the ruled and rulers about basic rights and duties

43
Q

Who created social contract

A

Jean-Jacques Rousseau

44
Q

Court case regarding judicial review

A

Marbury v. Madison

45
Q

Court case regarding guaranteeing a lawyer

A

Gideon v. Wainwright

46
Q

Line of succession to the president

A

Vice president, speaker of the house, longest term senator, secretary of state, secretary of the treasury.

47
Q

Who impeaches and the process?

A

The House of Representatives votes with a simple majority winning if they are impeached or not.

48
Q

Impeachment

A

Impeachment is the process of bringing charges against a government official for wrongdoing

49
Q

Which presidents have been impeached?

A

Andrew Johnson (1868), Bill Clinton (1998), Donald Trump (2021)

50
Q

Treason in regards to Article III

A

Treason is levying War against them, or in adhering to their Enemies, giving them Aid and Comfort

51
Q

Roles of the Cabinet

A

They advise the president and lead departments in the Executive branch.

52
Q

How do cabinet members get their job?

A

They are nominated by the president and then the Senate simple majority is the deciding factor.

53
Q

Common Sense and its impact

A

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.

54
Q

Necessary and Proper Clause

A

It gives Congress the power to make laws that are necessary and proper for carrying out its other powers

55
Q

Illinois electoral votes #

A

19

56
Q

Who are current U.S. Senators for the State of Illinois?

A

Dick Durbin and Tammy Duckworth

57
Q

Miranda v. Arizona

A

The Court held that detained criminal suspects must be informed of their rights prior to police questioning.

58
Q

Gideon v. Wainwright

A

Guaranteeing the right to legal counsel for criminal defendants in federal and state courts.

59
Q

Marbury v. Madison

A

Created the doctrine of judicial review and set up the Supreme Court of the United States as chief interpreter of the Constitution

60
Q

Plessy v. Ferguson

A

Legal basis for racial separation and upheld Jim Crow laws.

61
Q

Brown v. Board of Education

A

The Supreme Court ruled that separating children in public schools on the basis of race was unconstitutional; overruled Plessy v. Ferguson.

62
Q

What is the clinching number to win the electoral college?

A

270 electoral votes

63
Q

Lawmaking process (How does a Bill become a law)

A

The bill can become passed into law if it is passed by the House of Representatives, The Senate, and the President.

64
Q

Nineteenth Amendment

A

Granted women the right to vote

65
Q

Ex Post facto

A

A law that imposes an increase in criminal punishment retroactively. If a law is made after a sentencing, it still will apply but retroactively.

66
Q

Process of adding an amendment

A

A convention must be called by 2/3 vote of both houses in Congress or national convention (2/3 of state legislatures).

67
Q

Shays rebellion

A

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

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