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Government > Chapter 3 > Flashcards

Chapter 3 Flashcards

1
Q

The Constitution

A

Nation’s Fundamental Law – “Supreme Law of the Land”

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2
Q

How long is the Constitution?

A

(4,500 words) - “framework” or outline

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3
Q

Greatest strength of the Constitution

A

Its flexibility to adapt

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4
Q

Make-up: 3 Parts

A
  1. Introduction – Preamble
  2. Articles (7) – chapters
  3. 27 Formal Amendments
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5
Q

Articles (7) – chapters

A
  1. Creates the Legislative Branch
  2. Createst the Executive Branch
  3. Creates the Judicial Branch
  4. Relationship among states and federal government – *Federalism
  5. Amending the Constitution
  6. Supremacy Clause
    7.Ratifying the Constitution
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6
Q

The Constitution is built on 6 basic principles:

A
  1. Popular sovereignty
  2. Limited Government
  3. Separation of powers
  4. Checks and Balances
  5. Judicial Review
  6. Federalism
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7
Q

Popular Sovereignty

A

people are the source of its power

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8
Q

Limited government

A

government is not all powerfuls

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9
Q

Separation of powers

A

the power that government is given is shared by 3 branches

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10
Q

Checks and balances

A

each branch is subject to restraints and checks of the other two:
Legislative: can refuse judicial appointments and declare war
Executive: can veto bills and grant pardons
Judicial: can rule anything as unconstitutional

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11
Q

Judicial Review

A

power of the courts to determine whether what the government is doing is according to the Constitution
Est. Marbury vs Madison – 1803

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12
Q

Federalism

A

Division of power between the Federal/National government and local/state governments
National government: declare war
State Government: provide for public safety

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13
Q

Process of constitutional change: 2 ways

A

Forman and Informal

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14
Q

Formal Amendment

A

change in the written wording of the Constitution *(permanent in most cases)

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15
Q

4 Ways a Formal Amendment can be adopted

A

PROPOSED (national level)
1. A two-thirds vote in both houses of the U.S. Congress
2. Proposed at a convention by the U.S. Congress at the request of 2/3 of state legislatures
RATIFIED (state level)
3.Ratified by 3/4 of state legislatures
4. Ratified by conventions held in three-fourths of the state legislatures

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16
Q

Bill of Rights

A

first ten amendments

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17
Q

greatest threat to our individual liberty

A

The Government, so the Bill of rights *Limits the government and guarantees civil rights and liberties to the individual

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18
Q

Writer of the Bill of Rights

A

James Madison

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19
Q

1st Amendment

A

Freedom of religion – (separation of church and state)
Freedom of speech
Freedom of the press
Freedom of assembly – peaceful
Freedom of petition

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20
Q

2nd Amendment

A

Right to bear arms:
1. Must have a license – 18 yrs.
2. Federal background check
3. Must have a permit for a concealed weapon/.carry in public
4. Restrictions on fully automatic assault

21
Q

3rd Amendment

A

(Quartering of troops/outlawed in private homes)
No soldiers can be housed in your home!

22
Q

4th Amendment

A

Search and Seizure)
Must have a warrant – and show “probable cause” (reasonable belief that a person has committed a crime)

23
Q

5th Amendment

A

(Due process - Rights of the accused)
Due Process: the requirement that the government cannot deprive a person of their freedom or property without going through the court system
Which includes…
1. The right to a “grand jury”: Decides if there is enough evidence to bring you to trial
2. Protects the accused against “double jeopardy” (can’t be charged twice for the same crime)
3. Protects against self-incrimination – Plead the 5th!
4. Eminent Domain: the government’s power to seize private property for public use – Person must get just compensation!

24
Q

6th Amendment

A

(Right to a fair trial)
1. Right to a speedy, public trial
2. Right to an impartial, *petit jury (12) - decides guilt or innocence
3. The accused must be informed of the crime and read their rights (Miranda rights)
4. Right to witnesses
5. Right to an attorney (lawyer)

25
Q

7th Amendment

A

(Rights in *Civil cases)
1. Right to a jury in any dispute over $20
2. Bench Trial: When you wave the right to a jury and let a judge make the ruling

26
Q

8th Amendment

A

(Punishment of crimes)
1. Protects against “cruel and unusual” punishment
2. Est. Bail: a sum of money posted to guarantee you will appear for your court date

27
Q

9th Amendment

A

(The non-enumerated rights)
The rights of the people are not limited to just the rights listed in the Constitution
(Privacy, travel, voting, etc.)

28
Q

10th Amendment

A

(powers reserved for the states)
Says that any power or right not specifically listed in the Constitution as belonging to the federal government belongs to individual states

29
Q

11th Amend

A

Immunity of states to certain lawsuits

30
Q

12th Amend

A

Changes in how president/vice president are chosen

31
Q

13th Amend

A

Abolished slavery

32
Q

14th Amend

A

states every person born in USA is a US citizen with equal protection under the law *(to incorporate former slaves)

33
Q

15th Amend

A

no denial of the right to vote – gave the right to vote to African-Americans!

34
Q

Civil war Amendments

A

*13th, 14th, 15th

35
Q

16th Amend

A

Federal income tax

36
Q

17th Amend

A

Popular (people) election of senators

37
Q

18th Amend

A

Prohibition of Alcohol – “noble experiment”

38
Q

19th Amend

A

Women’s suffrage (right to vote)

39
Q

20th Amend

A

Date changes in congressional and presidential terms (from March to January)

40
Q

21st Amend

A

Repeal of prohibition (only amendment repealed)

41
Q

22nd Amend

A

Presidential term limit (2)

42
Q

23rd Amend

A

D.C. gets votes in the Electoral Election

43
Q

24th Amend

A

Ban on poll taxes

44
Q

25th Amend

A

Sets up presidential succession and disability

45
Q

26th Amend

A

18 yr. get voting rights

46
Q

27th Amend

A

Congressional pay change *(One of the original bill of rights proposed by Madison in 1789!)

47
Q

Informal Amendments

A

day to day changes made over time (not written) *(temporary)
“Flesh and bones” of the Constitution (details)

48
Q

Five basic ways to bring about informal amendments

A
  1. Basic Legislation: Laws passed by Congress
  2. Executive action: Powers granted the president (executives’ agreements)
  3. Court Decisions: the nation’s courts determine the constitutionality of cases
  4. Party Practice: ideas brought forth by the political parties
  5. Custom: unwritten traditions

Government (9 decks)

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