Chapter 3 Flashcards
The Constitution
Nation’s Fundamental Law – “Supreme Law of the Land”
How long is the Constitution?
(4,500 words) - “framework” or outline
Greatest strength of the Constitution
Its flexibility to adapt
Make-up: 3 Parts
- Introduction – Preamble
- Articles (7) – chapters
- 27 Formal Amendments
Articles (7) – chapters
- Creates the Legislative Branch
- Createst the Executive Branch
- Creates the Judicial Branch
- Relationship among states and federal government – *Federalism
- Amending the Constitution
- Supremacy Clause
7.Ratifying the Constitution
The Constitution is built on 6 basic principles:
- Popular sovereignty
- Limited Government
- Separation of powers
- Checks and Balances
- Judicial Review
- Federalism
Popular Sovereignty
people are the source of its power
Limited government
government is not all powerfuls
Separation of powers
the power that government is given is shared by 3 branches
Checks and balances
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
Judicial Review
power of the courts to determine whether what the government is doing is according to the Constitution
Est. Marbury vs Madison – 1803
Federalism
Division of power between the Federal/National government and local/state governments
National government: declare war
State Government: provide for public safety
Process of constitutional change: 2 ways
Forman and Informal
Formal Amendment
change in the written wording of the Constitution *(permanent in most cases)
4 Ways a Formal Amendment can be adopted
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
Bill of Rights
first ten amendments
greatest threat to our individual liberty
The Government, so the Bill of rights *Limits the government and guarantees civil rights and liberties to the individual
Writer of the Bill of Rights
James Madison
1st Amendment
Freedom of religion – (separation of church and state)
Freedom of speech
Freedom of the press
Freedom of assembly – peaceful
Freedom of petition
2nd Amendment
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
3rd Amendment
(Quartering of troops/outlawed in private homes)
No soldiers can be housed in your home!
4th Amendment
Search and Seizure)
Must have a warrant – and show “probable cause” (reasonable belief that a person has committed a crime)
5th Amendment
(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!
6th Amendment
(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)
