Honors Constitution Test Flashcards

(70 cards)

1
Q

1st amendment

A

protects the five freedoms- RAPPS

Religon, assembly, press,petition, speech (expression)

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2
Q

2nd amendment

A

protects the right to bear arms

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3
Q

3rd amendment

A

outlaws quartering

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4
Q

4th amendment

A

no unreasonable search

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5
Q

5th amendment

A

rights of the accused

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6
Q

6th amendment

A

guarantees a speedy trial

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7
Q

7th amendment

A

guarntes trial by jury and civil suits

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8
Q

8th amendment

A

no cruel or unusual punishment

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9
Q

9th amendment

A

the unspoken rights

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10
Q

10th amendment

A

creates the reserved powers

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11
Q

social contract

A

John Locke’s theory that we give up some freedom in order to protect us from others

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15
Q

succession

A

the order in which officials would replace other officials if they died or had to step down

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18
Q

due process

A

a legal hearing or fair trial

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34
Q

John Locke

A

Created the human rights and social contract

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35
Q

Thomas Jefferson

A

primary author of Deceleration of Indpendence

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37
Q

Articles of Confederation

A

a weak form of government before the Constitution were students were loosely tied toghther

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38
Q

Anti-Federalist

A

opponents to the Constitution, who feared federal government

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43
Q

delegated power

A

a power identified in the Constitution as a federal power- coin money, declare war, regulate trade are examples

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44
Q

concurrent power

A

a power shared between state and federal government- create taxes and courts are examples

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45
Q

reserved power

A

a power that is not identified in the Constitution, therefore is a state power- elections, education, driving and many more

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53
Q

popular soverignty

A

the idea that people rule

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60
Q

Clear and Present Danger clause

A

speech that could endanger others by creating panic, such as shouting fire in a crowded theater

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78
Q

the five freedoms

A

speech

press

religon

assembly

petition

and press- be able to explain each

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79
Q

What were the goas stated in the Constitution preamble?

A

youtu.be/yHp7sMqPL0g?t=54s

Form a more perfect union. Establish justice. Provide for the common defense. promote the general welfare. Secure the blessings of liberty.

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80
When is Independence Day?
July 4 1776
81
In the Costitution who is He?
King George III
82
Where was the D of I written?
Phillidelphia, same as the Constitution.
83
What is Social Contract?
A theory by Locke that states the goverened must consent to the rule of the government. This is done to protect them from others.
84
85
Supremacy clause
Indicates that the Constiution supercedes any state law
86
Seperation of Power
The assigning of different powers to each branch of government. 1. Legislative-writes law 2. Executive-enforces 3. Judicial- interprets law Or the further divison of powers of government.
87
Articles of Confederation
The first government of the 13 states, underwhich we were a Confederate government not really tied toghther. This government was lacking many components- taxes, president, army, money, and more
88
Process of adding a new Constitutional amendment
National approval first 2/3. (Congress or National convention) States second 3/4 (Legislatures or conventions)
89
Where was the Constituion written?
Phillidelphia, Independence Hall 1787 (Same location as the D of I)
90
What was the Great Compromise?
* Resolved the issue of big states versus little states. * Combined the New jersey plan and Virginia plan * Created a bicameral legislature * One chamberof Congress based on population (House) * One chamber equal for every state. (Senate)
91
What was the 3/5 compromise regarding?
The counting of slaves for the population.
92
What were major compromises that effected the Constituional convention?
* THe Great Compromise : bicameral legislature * 3/5 compromise- counting slaves * The Bill of Rights- eased fear of the Anti-Federalists about united government * Checks and balances, seperation of power- added to appease the Anti-Feds as well.
93
Who were the Federalists?
* People who favored a new Constitution * believe in having a strong national government * power to the president * today called Liberal * Madison, Jay, Hamilton
94
Who were the Anti-Federalists?
* People who distrusted a new Constitution * Believe in power to individual states * Fought for checks and balances and a Bill of Rights * Thomas Jefferson and others
95
What was Madisons role in the Constitutional convention?
* Major compromiser * Kept a diary of events * Wrote Federalist papers * Called " The Father of the Constitution"
96
What elements did the Articles of Confederation lack that the Constitution has today?
* A President * A national currency * the power to tax * a court system * an army * strength of national government in general
97
What can be said about the conditions of our rights at any point in time?
* They all have limitations * These limitations shrink and grow over time * The Constitution is paper and gains importance when we argue its meaning * No freedom is absolute
98
What is the Clear and Present danger clause?
* In regards to the first amendment * You are not allowed to use speech that would harm other people directly, such as shouting "Fire!" " Bomb!: etc. to cause a panic
99
What is prior restraint?
* An illegal act according to the 1st amendment freedom of press * Classifying information from the press or making it a crime to reveal a news story (that is factual)
100
What are the two ways the Second amendment has been interpretted?
* As either an individual right (you personally have the right to bear arms. Pro-gun * As a collective right of the state to form a militia. Gun-control advocates
101
How have voting rights changed since the Constituion began? Why?
* Originally only white male land owners could vote * 15th amendment allows all races ot vote * 19th amendment allows women to vote * 24th amendment outlaws poll tax * Voting Rights act opulawed literacy tests and other practices * Because the Constitution does not define voting it is a reserved power (state power) many states have used this to limit voting in the past so many amendments involve sufferage
102
What is bail?
A sum of money paid that guarntees someone accused of a crime will appear for trial. The 8th amendment bans excessive bails.
103
What is the establishment clause?
* part of the first amendment that guarntees the government will not promote a religon * often described as creating a wall of seperation between church and state
104
What is the Bill of Rights?
* the first ten amendments to the Constitution * Created by the Anti-feds to prevent an abusive government * Passed in conjunction with the Constituion 1787
105
What is meant by the phrase " No double jeopardy?"
* someone tried of a crime cannot repeatadly be charged for the same inccident. * protected under the 5th amendment
106
What is a warrant?
* Approval by a judge that gives police permission to search one's property. * Required by the 4th amendment
107
What is eminent domain?
The ability of the government to seize property for the public good. (also part of the fifth amendment)
108
What was the Zenger case regarding?
* The first amendment and slander * If what is being said is true it does not constiute slander
109
What are the Civil War (Reconstruction) amendments?
* 13: ends slavery * 14: Natural born citizen and due process for all * 15: Any race can vote
110
What is the 18th amendment?
* Created prohibition * Overturned by the 21st
111
What is slander?
A harmful spoken lie. Not protected by free speech
112
What is the 14th amendment?
* Created rule of soil for citizenship * one of the Civil war amendments * Guarntees states cannot remove a persons rights without due process ( a trial)
113
What is the 17th amendment?
Allows the people to vote for Seantors.
114
What is the 13th amendment?
* Outlawed slavery. * One of the Civil war amendments
115
What is the 15th amendment?
* States cannot restrict the right to vote based off race, color, or previous servitude * One of the Civil war amendments * has been violated by the reserved power of states to handle elections
116
What is the 24th amendment?
Banned poll taxes
117
What was the 19th amendment?
Women's sufferage
118
What is the 26th amendment?
Lowered voting age to 18
119
What is the 16th amendment?
Created income tax
120
What si the 27th amendment?
Limits Congressional pay raises
121
What is the 22nd amendment?
* Limited the presidents terms to 2 (.5) * Max possible is 10 years if you serve half term as vp and become president * passed because of FDR (elected 4 times)
122
What is amendment 23?
Gave washington D.C. 3 electoral votes
123
What is the 20th amendment?
* lame duck amendment * moved up the swearing in of new elected officals * President takes office January 20th
124
What is amendment 25?
* Created the order of succesion * It goes as follows: * Vice President * Speaker of the House * President Pro Tempore * Cabinet (Starting with the Secretary of State)
125
What were some major incluences to the Constitution?
* The Magna Carta: Limited government * Locke's Second treatise of government: defined social contract and essential rights. * The Decleration of Independence: see above * The American revolution: sculpted many of our ideas about government