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Fun Cactus Study Club > The US Constitution > Flashcards

The US Constitution Flashcards

Pleading the fifth. And also 1-4 and 6-27.

1
Q

Mayflower Compact

A

First attempt at self-government in the colonies

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2
Q

Fundamental Orders of Connecticut

A

First written constitution in the colonies

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3
Q

Articles of Confederation

A

First national constitution

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4
Q

Misc I

A

The Senate ratifies treaties made by the president
The “necessary and proper” clause is the “elastic clause”, grants the US Congress “implied powers”

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5
Q

Three Types of Constitutional Powers

A
  • Enumerated (also: expressed, listed, or delegated)
  • Reserved (or residual)
  • Concurrent (or shared)

Not accepted: prohibitive

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6
Q

Article I

A

Creation of the Legislative Branch

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7
Q

Article II

A

Creation of the Executive Branch

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8
Q

Article III

A
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9
Q

Article IV

A

“full faith and credit!”

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10
Q

Article V

A

Outlines the process for amending!!

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11
Q

Article VI

A

Supremacy Clause!

No religious test to hold public office.

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12
Q

Article VII

A

nine states required for ratification of the Constitution.

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13
Q

The “original Constitution”

A
  • Refers to the Constitution including the preamble and articles, but not any of the amendments.
  • Prohibited:
    • Passing “ex-facto laws”
    • issuing bills of attainder
    • suspending a writ of habeas corpus
    • states placing duties on imports
  • Included:
    • Extradition of fugitive slaves
    • direct election of Senators
    • the Electoral College
    • Ability of federal government to impose taxes

Ratified 1788; first state Delaware

Did not prohibit passing taxes on individual incomes (personal income tax), did not include seperation of church and state; did not provide that states receive one vote in congress

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14
Q

Methods of Amending

A

congressional legislation
judicial review
customs and usage

Congress is the only method that has been successfully used to
propose an amendment to the US Constitution, not state or national conventions.
At present, 38 states is the minimum number needed to ratify an amendment before the change could occur

Not popular referendum

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15
Q

Number of Amendments

A

27 (currently)

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16
Q

Bill of Rights

A

collective name by which the first ten amendments are known

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17
Q

Amendment 1

A

right to petition (This means that citizens have the right to approach their government for the resolution of problems, to express dissatisfaction with government policies, or to request changes in legislation or government practices.)

protects freedom of speech, press, and religion

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18
Q

Amendment 2

A

bear arms

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19
Q

Amendment 3

A

no quartering of soldiers

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20
Q

Amendment 4

A

unlawful or unreasonable search and seizure
warrants needed for searches

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21
Q

Amendment 5

A

deals with criminal justice
protection against double jeopardy
eminent domain
associated with self-incrimination

22
Q

]

Amendment 6

A

deals with criminal justice
speedy public trial
right to confront witnesses
the court system is compliant when it allows a suspectthe “Assistance of Counsel” for his or her defense.
states in part “In all
criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,
by an impartial jmy …. “

23
Q

Amendment 7

A

trial by jury

24
Q

Amendment 8

A

deals with criminal justice
no excessive bail
no cruel and unusual punishment

25
Q

Amendment 9

A
26
Q

Amendment 10

A
27
Q

Amendment 11

A
28
Q

Amendment 12

A

Seperate ballots for president and VP
Added after the disputed election of 1800 electoral vote that declared Jefferson the president

29
Q

Amendment 13

A

abolished slavery

30
Q

Amendment 14

A
31
Q

Amendment 15

A

deals with voting

l

32
Q

Amendment 16

A

allows Congress to levy a federal income tax

33
Q

Amendment 17

A

deals with voting
direct election of senators

34
Q

Amendment 18

A

prohibited the manufacture, sale,
and transport of alcoholic beverages within the United States, “created prohibition”

Ratified 1919

35
Q

Amendment 19

A

deals with voting
woman’s sufferage

36
Q

Amendment 20

A

eliminated the lame duck sessions of Congress

37
Q

Amendment 21

A

The only Amendment to the US Constitution to repeal a previous amendment (18th, prohibition)
Only amendment ratified by state conventions

38
Q

Amendment 22

A

1951

39
Q

Amendment 23

A

gave washington dc three electoral votes

40
Q

Amendment 24

A

prohibits poll tax

41
Q

Amendment 25

A

defines the process of removing the
president from office if he becomes disabled, unable to fulfill his duties.
Ratification was aided by the illnesses of Dwight Eisenhower
order of presidential succession Amendment

42
Q

Amendment 26

A

voting rights
precipitated by protests of the war in Vietnam (lowered voting age from 21 to 18; “old enough to fight, old enough to vote”)

43
Q

Amendment 27

A

was not ratified for over 200 years

44
Q

The Constitutional Convention

A
  • 1787
  • Benjamin Frankin was the oldest attending member
  • NJ Plan: every state has equal congressional representation and there is a unicameral legislature
  • VA Plan: congressional representation is based on state population and there is a bicameral legislature
  • The Three-Fifths compromise settled the controversy over the counting of slaves.
  • Roger Sherman of Connecticut proposed the “Great Compromise” or “Connecticut Compromise”, the method of determining U.S. congressional representation
  • There was also a Rhode Island System?
  • Principal participants in the Constitutional Convention: Roger Sherman, Ben Franklin (NOT: Thomas Jefferson, Patrick Henry.)
45
Q

The Federalist Papers

A

documents formally advocating the ratification of the US Constitution

Authors: Hamilton, Madison, John Jay

46
Q

Patrick Henry

A

radical Virginia orator who was a leader of the Anti-Federalists, opposing ratification of the US Constitution

47
Q

Benjamin Franklin

A

Who am I? I was born in Boston, Massachusetts in 1706. When I was 17, I ran away to start a
new life in Philadelphia. I started a successful newspaper, and became active in Pennsylvania
politics. During the French and Indian War I proposed a plan for colonial unity that was never
adopted. During the Revolution, I helped Thomas Jefferson write the Declaration of
Independence, and in 1787, I was the oldest delegate present at the Constitutional Convention

48
Q

James Madison

A

“father of the US Constitution”

49
Q

Alexander Hamilton

A
  • Loose construction: interpretation of the constitution supported by Alexander Hamilton and the Federalists that invoked the “elastic clause” granting enormous powers to the federal government; “evolved the theory of loose construction of the Constitution by invoking the elastic clause.”
  • Leader of the Federalist Party
  • Greatly admired the British political, economic, and industrial system.
  • Advocated for a strong Navy to protect commercial interests.
50
Q

Thomas Jefferson

A

Believed in rule by the informed masses and the extension of democracy and became President of the US.
Believed in a strict or literal interpretation of the Constitution
Favored France and the ideals of the French Revolution

51
Q

Misc

A
  • Prohibited: self-incrimination, slavery, cruel and unusual punishment
  • Not prohibited: gender bias in the workplace
  • Wyoming was the first state to write woman’s sufferage into its constitution
  • The Constitution does not have an amendment requiring a balanced budget every year
  • Federal election day is the first Tuesday after the first Monday in November.

Fun Cactus Study Club (14 decks)

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