Week 5 - US Constitution Flashcards
Constitution Convention
took place from May 25-Sept 17, 1787 in Philadelphia to address the problems in governing the US which was operating under the Articles of Confederation
Virginia Plan
proposal for bicameral legislative branch; James Madison is given chief credit; states would be represented based on population (now the House of Representatives)
New Jersey Plan
proposed in response to the Virginia plan which would give each state equal representation regardless of population (unicameral legislature - one vote per state); now the Senatet
Article One
describes the power of legislative branch (Congress), establishes powers of and limitations of the Congress (House of Representatives and Senate); also details manner of election and qualifications for House and Senate
Article Two
creates and describes the executive branch of the government, consisting of the President, VP, and other executive officers chosen by the President
Article Three
establishes the judicial branch, which is made up the the Supreme Court and lower courts as created by Congress
Article Four
outlines the duties states have to each other, as well as those the federal government has to the states; provides for the admission of new states and the changing of state boundaries
Article Five
describes the process whereby Congress may be altered; amendments may be proposed by either 2/3 of Congress or national convention assembled by at least 2/3 of states; also describes ratification of new amendments
Article Six
establishes the Constitution as the supreme law of the land, and forbids a religious test as a requirement for holding a government position
Article Seven
provides how many state ratifications were necessary in order for the Constitution to take effect and how a state could ratify it
Bill of Rights
1791; the first 10 amendments to the Constitution
First Amendment
freedom of speech, religion, press, assembly, and petition
Second Amendment
the right to bear arms
Third Amendment
prohibits quartering of soldiers
Fourth Amendment
guards against unreasonable search and seizures and requires a warrant to be supported by probable cause
Fifth Amendment
due process; freedom from double jeopardy or self-incrimination
Sixth Amendment
right to a speedy, public trial with an impartial jury
Seventh Amendment
the right to a jury trial in certain civil cases, and asserts that cases may not be re-examined by another court
Eighth Amendment
prohibits excessive bail or cruel and unusual punishments
Ninth Amendment
addresses rights of the people that are not specifically enumerated in the Constitution
Tenth Amendment
states the Constitution’s principle of federalism by providing that the powers not granted to the federal government nor prohibited to the States are reserved to the States or the people
Eleventh Amendment
deal’s with each state’s sovereign immunity; 1795; adopted in order to overrule the US Supreme Court’s decision in Chisholm v. Georgia (1793)
Twelfth Amendment
1804; provides the procedure for electing the President and the Vice President; replaces a clause in Article II regarding Electoral College
Thirteenth Amendment
1864; outlaws slavery
Reconstruction Amendments
Thirteenth, Fourteenth, and Fifteenth; transformed US from slavery to where all men are free
Fourteenth Amendment
1868; consists of citizenship clause, due process clause, and equal protection clause
Fifteenth Amendment
1870; allows black men to vote
Sixteenth Amendment
1913; allows Congress to levy an income tax without apportioning it among the states; other taxation restrictions
Seventeenth Amendment
1913; establishes direct election of United States Senators by popular vote (supersedes clause in Article I under which Senators were elected by state legislatures)
Eighteenth Amendment
1920; established prohibition
Nineteenth Amendment
1920; allows women to vote
Twentieth Amendment
1933; establishes beginning and ending of the terms of the elected federal offices; also deals with scenarios in which their is no president-elect
Twenty-first Amendment
1933; repealed the Eighteenth Amendment (prohibition)
Twenty-second Amendment
1947; sets a term limit for election to the office of President
Twenty-third Amendment
1961; permits citizens in the District of Columbia to vote for electors for President and Vice-President
Twenty-fourth Amendment
1964; prohibits Congress and the states from condition the right to vote in federal elections on payment of a poll tax or other types of tax
Twenty-fifth Amendment
1967; deals with succession to the Presidency and establishes the procedures both for filling a vacancy in the office of VP as well as responding to Presidential disabilities
Twenty-sixth Amendment
1971; barred the states or federal government from setting a voting age higher than eighteen
Twenty-seventh Amendment
1992; prohibits any law that increases or decreases the salary of members of the Congress from taking effect until the start of the next set of terms
