Nature of the US constitution Flashcards

(31 cards)

1
Q

what does article 1 establish

A

legislative branch

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2
Q

what does article 2 establish

A

executive branch

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3
Q

what does article 3 establish

A

judicial branch

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4
Q

what does article 4 establish

A

federalism

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5
Q

what does article 5 establish

A

how to amend the constitution

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6
Q

what does article 6 establishh

A

constitution as supreme law of the land (sovereign)

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7
Q

what does article 7 establish

A

how to ratify the document (how it is established by the states)

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8
Q

The legislature (US) is made up of

A

House of Representatives (435) and senate (100)

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9
Q

The judiciary is made up of

A

Supreme Court 9 justices

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10
Q

the executive is made up of

A

president and Vice President

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11
Q

what is an enumerated power

A

a formal written power

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12
Q

Article 4- the states sets out

A

individual states power of governance and law making
explains how states interact
conditions for states to follow

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13
Q

Article one sets out the guidelines of legislature in

A

qualification (eg age), size, who they represent, special duties and role in lawmaking

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14
Q

The bill of rights is

A

the first ten amendments of the US constitution

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15
Q

the bill of rights helped to

A

reduce state concerns regarding the power of a new central government

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16
Q

what is the 16th ammendment

A

congress should have the power to lay and collect taxes on income from whatever source derived

17
Q

what is the 19th amendment

A

sex should not determine whether someone has the ability to vote

18
Q

what is the 25th amendment

A

in the event of the death or removal of president the Vice President should take his place

19
Q

what are amendments 13 -15

A

these try to provide solutions issues over race and slavery

20
Q

what are the 18th and 21st amendment

A

18th is prohibition of alcohol
21st repeal the prior ban on alcohol

21
Q

what is the 22nd amendment

A

a president can not do more than two terms

22
Q

the nature of the US constitution is

A

codified
entrenched
vague and specific

23
Q

as the US constitution is codified and has been through the process that is

A

Authoritative (higher than standard law)
entrenched (difficult to change or abolish)
judicable (used as standard to determine whether laws are constitutional>

24
Q

what article means the US constitution is not fully entrenched

A

Article 5 lays out the amendment process

25
the US constitution is entrenched which means
the amendment process is incredibly different
26
the US constitution is vague and specific which means
there are implied powers not stated eg the power to draft people into the armed forces is implied from congress power t raise army and navy
27
what is the necessary and proper clause
the elastic clause powers can be bent and stretched where necessary allowing the constitution to adapt
28
McCulloch v Maryland
SCOTUS ruled government had right to create national bank which state of Maryland couldn't tax as a business. because congress has the enumerated power to collect tax making national bank necessary and prope.
29
Gibbons v Ogden
New York allow monopoly over its waters to one business a competitor took them to court and as business and commerce is federal their law supersedes state law.
30
what are reserved powers
these are powers that limit federal gov and are reserved to the states or the people
31
Article 4 the supremacy clause established
national law is supreme