The Constitution Flashcards

1
Q

What is the 1st Amendment?

A

The right to freedom of speech

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2
Q

What is the 2nd Amendment?

A

The right to bear arms

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3
Q

What is the 3rd Amendment?

A

No soldier shall enter a house without permission

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4
Q

What is the 4th amendment?

A

A warrant is necessary to search someone’s property

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5
Q

What is the 5th amendment?

A

The right to remain silent

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6
Q

What is the 6th Amendment?

A

The right to a fair trial

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7
Q

What is the 7th amendment?

A

The right to trial by jury

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8
Q

What is the 8th amendment?

A

Cruel and unusual punishment shall nit be inflicted

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9
Q

What is the 9th amendment?

A

The enumeration of rights in the Constitution will not be used to deny people’s other rights

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10
Q

What is the 10th amendment?

A

Powers not delegated by the Constitution belong to the states

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11
Q

What is the 11th amendment?

A

States cannot be sued by citizens of other states

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12
Q

What is the 12th amendment?

A

Vice President is no longer the runner up in Presidential election

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13
Q

What is the 13th amendment?

A

Abolished slavery

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14
Q

What is the 14th amendment?

A

All citizens have equal protection under the laws

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15
Q

What is the 15th amendment?

A

The right to vote cannot be limited on the basis of race

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16
Q

What is the 16th amendment?

A

Congress has the power to levy an income tax

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17
Q

What is the 17th amendment?

A

Senators are elected directly

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18
Q

What is the 18th amendment?

A

Prohibition of alcohol

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19
Q

What is the 19th amendment?

A

Right to vote cannot be denied on the basis of sex

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20
Q

What is the 20th amendment?

A

Shortened lame duck period of presidency

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21
Q

What is the 21st amendment?

A

Repeal of prohibition

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22
Q

What is the 22nd amendment?

A

Presidential term limit

23
Q

What is the 23rd amendment?

A

DC has the right to participate in Presidential elections

24
Q

What is the 24th amendment?

A

Ban on poll tax

25
What is the 25th amendment?
Vice President would replace the President if they are removed from office or die
26
What is the 26th amendment?
Lowers voting age to 18
27
What is the 27th amendment?
Changes to the pay of Senators/Representatives don’t take effect until after the following election
28
Which branch of government is established in Article One?
The legislative branch
29
Which branch of government is established in Article 2?
The executive branch
30
Which branch of government is established in Article 3?
The executive branch
31
What relationships are established in Article 4?
The relationships between each state and between the states and federal government
32
What process is established in Article 5?
The process to amend the Constitution
33
What separation is ensured by Article 6?
Separation of church and state
34
What 3 words define the nature of the US constitution?
Codified Entrenched A blend (of specificity and vagueness)
35
Name 5 features of the US constitution
Presidential system Electoral College Supreme Court Bicameral legislation Constitutional rights
36
Name 3 core principles of the US constitution
Separation of Powers Checks and balances Federalism
37
How is the principle of separation of powers entrenched in the Constitution?
Powers clearly allocated to 3 different branches of government Enumerated and denied powers of each give clarity about separate areas of responsibility VP is only example of fusion of powers
38
Name 3 Presidential checks on Congress
President’s veto Executive orders Role as commander-in-chief to bypass need for Congressional approval to deploy troops
39
Name 2 Presidential checks on the Judiciary
President nominates all federal judges President can issue pardons
40
Name 6 Congressional checks on the President
2/3 majority can overturn presidential veto Approves all federal nominations “Power of the Purse” allows Congress to reject funding requests Can decline to pass president’s preferred legislation Impeachment Power to block treaties Power to investigate wrongdoing of President
41
Name 2 Congressional checks on the Judiciary
Ability to impeach judges Amendments can be initiated to overturn SCOTUS judgements
42
Give an example of SCOTUS ruling an executive action unconstitutional
Hamdan v Rumsfeld 2006 (ruled against special military commissions set up by Bush) Trump v Vance 2020 (ruled President not immune from subpeonas)
43
Give an example of SCOTUS ruling an act of Congress unconstitutional
US v Windsor 2013 (ruled the Defense of Marriage Act to be unconstitutional)
44
Give an example of a presidential veto
Obama vetoed the Keystone XL pipeline Trump vetoed a resolution that revoked his declaration of a national emergency on Mexico border
45
Give a recent example of an executive order
e.g. Trump’s Muslim Ban in 2017
46
Give an example of a presidential pardon
Trump pardoned former chief strategist Steve Bannon Ford famously pardoned his predecessor Nixon
47
Give an example of a veto being overturned
Obama’s veto of the Justice Against Sponsors of Terrorism Act (JASTA) 4 of Bush’s 12 vetoes overturned
48
Give an example of the Senate rejecting a presidential nominee
Robert Bork (1987) - SCOTUS Robert Wilkins (2013) - DC Court of Appeals
49
Give an example of Congress rejecting funding requests
Trump’s requests for a Mexico border wall
50
Give an example of an amendment initiated in response to a SCOTUS ruling
13th Amendment, in response to a ruling against a national income tax
51
How is federalism enshrined in the constitution?
Powers of federal government enumerated in the Constitution 10th Amendment reserves powers for the state governments
52
What is required to pass a Constitutional amendment?
2/3 of House and Senate or 2/3 of state legislatures call a special convention Then ratified by 3/4 of states
53
Give 5 arguments against the way the constitution is currently amended
The bipartisanship of current political culture means 2/3 majorities will never be reached The convention of a 7 year limit for ratification makes it even less likely for potential amendments to pass (e.g. ERA) Only 27 amendments passing despite the numerous areas of potential reform shows it is too difficult The difficulty of formal amendments gives too much power to 9 unelected justices The numerous stages at which an amendment can be blocked gives access points for pressure groups
54
Give 5 arguments for the current way the Constitution is amended
The fundamental principles are too important for them to be easily changed The requirement of 3/4 of states protects principle of federalism High thresholds protect the liberties of citizens that would otherwise be threatened On the big issues (e.g. slavery) it has been amended SCOTUS rulings can act as de-facto amendments that update the Constitution