Constitutional Structure Flashcards
(35 cards)
Article I
Legislative Powers
Article II
Executive Powers
Article III
Judicial Powers
Article IV
Relationship among the states.
“Horizontal Federalism”
Comity Article: obligations of states vis-à-vis out-of-staters (full faith and credit, commerce)
Article V
Amendment procedure
Very stringent-need 2/3 of each house
Article VI
National Debt/Supremacy Clause
Constitution is paramount law
Catch-all residual article–anything that doesn’t fall into other categories
National Debt
Article VII
Ratification Procedures
9 states required for ratification
Amendment I
Freedom of Expression (substantive)
Amendment II
Right to Bear Arms (substantive)
Amendment III
Quartering of Troops
Amendment IV
Unreasonable Searches and Seizures
Amendment V
Due Process of Law Grand Jury Double Jeopardy Self-incrimination Due Process Takings
Amendment VI
Right to fair trial
speedy and public criminal trial, confrontation
subpoena
counsel
Amendment VII
Trial by Jury in Civil Cases
Amendment VIII
Cruel and Unusual Punishment
Amendment IX
Unenumerated Rights
still retained by people
(residual)
Amendment X
States’ Rights
When a power is not within the purview of Congress nor prohibited to the states, it resides either with the states or with the people as a whole
(residual)
Amendment XI
Sovereign Immunity (1795)
Amendment XII
Reforming Executive Election Procedures (1804)
Amendment XIII
Abolition of Slavery (1865)
Amendment XIV
Privileges and Immunities, Due Process, Equal Protection (1868)
Theme: you can give or withhold an entitlement, but not with an uneven hand
Amendment XV
Abolition of race-based restrictions on vote (1870)
Amendment XVI
Income Taxes (1913)
Amendment XVII
Direct Election of Senators (1913)
