Constitution and Amendments

Terms in this set (92)

1st Amendment (Bill of Rights)

Freedom of religion, speech, press, petition and assembly

2nd Amendment (Bill of Rights)

Right to bear arms

5th Amendment (Bill of Rights)

Due Process: Protects against self-incrimination and double jeopardy

8th Amendment (Bill of Rights)

Protects against excessive bail and cruel and unusual punishment

Abolition of slavery

Federal income tax

Women's suffrage

Limits president to two terms

Voting age lowered to 18

Simple and Brief Constitution: How many words

7,000 words, average constitution is 26, 500 words

Constitution establishes the structure of

Constitution doesn't spell out every function, but allows our government to be more

How many parts make up the Constitution?

3
The Preamble
The Articles
The Amendments

What is a preamble

What does the preamble state

Why the Constitution was written

Why was the Constitution written

For stability and order
To protect citizen's liberties
To serve the people

How many articles does the Constitution have

How many sections does each article have

What do the articles describe

How the government will function

Legislative Branch
Congress

Exectutive Branch
President

Article 3 (III)

Judicial Branch
Supreme Court

Relationship of the states to one another and the national government

Amendment procedure

Supremacy Clause

Article 7 (VII)

Ratification process

What are Amendments

Changes to the Constitution

How many Amendments are there

What is popular Sovereighty

Rule by the people

What is Fedaralism

Power divided between the national and state governments
Allows for flexibility

What is Separation of Powers

Division of power between the legislative, executive, and judicial branches of government
No single branch can become too powerful

What are Checks and Balances

Each branch of government exercises some control over the others

What is vetoing

rejecting legislation

What is Judicial Review

Power of the courts to declare laws and actions of the government invalid if they violate the Constitution
Marbury v. Madison

What is the Supreme Court

Court changes its views
Amendment is passed

What is Limited Government

Government actions limited because powers that they do and do not have are specifically listed

Which branch of government was originally the most powerful branch directly elected by the people and should most accurately reflect the wishes of the people

Legislative Branch

Which Article deals with the Legislative Branch

What does "powers are expressed" mean

directly stated

Which section of Article 1 explains Enumerated Powers

5 enumerated powers deal with economic legislation such as:

levy taxes
borrow money

7 enumerated powers deal with providing for defense such as:

declare war
regulate armed forces
naturalizing citizens
establishing post offices
securing patents and copyrights
establishing courts
governing the District of Columbia

What is an Elastic Clause

Makes all laws "necessary and proper" to carry out the other enumerated powers
Broad v. strict interpretation of the Constitution

Congress Then (old days)

Part-time job
Only 167 bills introduced
Located in New York and Philadelphia

Congress Now (modern)

Full-time job
10,000+ bills introduced
Located in Washington D.C.

Which Article deals with the Executive Branch

Who heads up the Executive Branch

Who is supposed to carry out the acts of Congress

The Executive Branch

Describe the powers of the Executive Branch

broad but vaguely defined

What is the Wild Card

"The executive Power shall be vested in a President of the United States of America"

How has the Wild Card been used

by President's to expand upon their power

Is the Wild Card specific

No, it's open to interpretation

What are the specific power of the commander in chief

appoints heads of executive departments
issues pardons or reduces sentences and/or fines
makes treaties
appoints ambassadors, federal court judges, and other top officials
delivers the State of the Union address
calls Congress into special sessions
meets with foreign officials
commissions all military officers
ensures the laws Congress passes are "faithfully executed"

Has the Presidency from Washington to Bush stayed the same or evolved

Washington's Presidency

very concerned about setting the proper precedent, had tons of "free" time

The Presidency now

tightly packed schedule
increased responsibility

Which Article deals with the Judicial Branch

Article 3 (III)

Where do Federal Courts derive their power from

the Constitution

What do Federal Courts deal with

U.S. laws
treaties with foreign nations
interpretation of the Constitution
admiralty/maritime law
bankruptcy

Judicial Branch Then (old days)

no building
assigned to "ride the circuit"

Judicial Branch Now (modern)

carved out power from landmark cases
Judicial Review

Do the 3 branches of government have to work together`

Do the 3 branches of government always agree

no, conflict is inevitable

Who proposes a lot of the legislation the Congress considers

How does Congress feel about the expansion of presidential power

They feel the president has claimed too much power

Does the president interpret and enforce all Congressional laws exactly the way Congress intended them to be

No, and the Federal Courts must decide who is correct

Does Congress ever give too much power to the President

What happens when the majority of Congress and the President are from different political parties

political gridlock can occur

Can Congress create the lower federal courts and limit the Supreme Court

Does Congress regularly use their authority over the courts

No, they are reluctant to

Can the President refuse to enforce a decision made by the Supreme Court

Why does the Supreme Court often rule in favor of the President

to avoid conflict

Is amending the Constitution a formal or informal process

How are Amendments proposed

2/3 vote in each house of Congress
National convention called by Congress at the request of 2/3 of the states

Which method of proposing Amendments has been used: 2/3 vote in each house of Congress or
National convention called by Congress at the request of 2/3 of the states

2/3 vote in each house of Congress

How are Amendments ratified

Legislatures in 3/4 of the states ratify the amendment

Does each state have a ratification convention

How many times has an Amendment been ratified by approval of 3/4 of conventions, which is almost like a direct vote by the people

Do informal changes to the Constitution change the wording of the Constitution itself

What do informal changes to the Constitution do

they suit the needs of the times

How can Congress change the Constitution informally

they can make changes through law

Give an example of how Congress has passed laws that have expanded or clarified many of the Constitution's provisions

tax laws-Constitution gives Congress the right to levy taxes and Congress has passed thousands of pages of laws to clarify this power

Give an example of how Congress can change the Constitution through practice

interpretation of "high crimes and misdemeanors" for impeachment purposes

Informal Presidential Changes: presidential preference

presidential succession

Informal Presidential Changes: executive agreement

foreign affairs

Informal Presidential Changes: requesting legislation by congress

domestic affairs

Court decisions are based on the interpretations of

What is Judicial Restraint

the courts should only rule on whether legislation violates the Constitution and should avoid social policy

What is Judicial Activism

the courts should only rule on social policy

Can the court reverse itself

yes for example segregation and the death penalty decisions have been changed

Give an example of how Constitutional changes can be made through custom and usage

political parties not mentioned in the Constitution are now a vital part of our political system

What is the end result of the Constitution

a government that can respond to the conditions and needs of the time

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