Constitution Outline Flashcards
(29 cards)
Define limited government
- The government can’t do certain things
- The constitution limits the government’s power
Define popular sovereignty
The people have the power
Define separation of powers
- The power does not rest in just one branch
- Laws: legislative writes, executive enforces, judicial interprets
Define checks and balances
Each branch has some authority over the others
Define judicial review
- The power to decide whether or not laws are Constitutional
- SCOTUS gave this to themselves
Define federalism
- The division of power between national and state government
- 10th amendment: if the power does not belong to the Federal government it belongs to the state or to the people
Article I Section 8 Clause 1-17
Powers of Congress
- Tax
- Borrow
- Rules of naturalization
- Weights and measurement
Article I Section 8 Clause 18
Necessary and Proper/elastic Clause
- AKA “Santa Clause”
- “Promoting the general welfare of the people” (implied powers)
What is Ex Post Facto and where is it found in the Constitution?
- You can’t write a law and then punish somebody for doing something that was legal when they did it
- Article I Section 9
What is Bill of Attainder and where is it found in the Constitution?
- Bill that directly punishes someone (not allowed)
- Article I Section 9
What is the Writ of Habeus Corpus?
- “Present the body” (the right to a speedy and public trial unless suspected of terrorism - Patriot Act)
- Article I Section 9
What is in Article II?
Executive and Presidential powers
What is in Article III?
The Judiciary - sets up the Supreme Court and other inferior courts
What is in Article IV?
Relations among the states
What is full faith and credit?
- States have to recognize documents from other states
- Article IV
What are privileges and immunities?
- You cannot be treated differently in one state because you are a resident of another state
- The US guarantees every state a republican form of government
- Article IV
What is extradition?
- The right to transfer criminals from governor to governor
- Article IV
What is in Article V?
How we amend the Constitution
- 2/3 of senate to propose
- 3/4 of states to ratify
- Congress/National Convention —-> State Legislature/State Convention
What is in Article VI
The Supremacy of the Constitution
- An oath of office is not required to be religious
Has a national convention ever been used to ratify and amendment?
No
How many times have state conventions been used to ratify amendments?
Once (21st amendment)
How many times have state legislatures been used to ratify an amendment?
26
What are informal amendments to the constitution?
How the constitution is shaped
What is basic legislation?
Whenever Congress writes a law
