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Constitution and Amendments
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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
13th Amendment
Abolition of slavery
16th Amendment
Federal income tax
19th Amendment
Women's suffrage
22nd Amendment
Limits president to two terms
26th Amendment
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
government
Constitution doesn't spell out every function, but allows our government to be more
flexible
How many parts make up the Constitution?
3
The Preamble
The Articles
The Amendments
What is a preamble
introduction
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
7
How many sections does each article have
several
What do the articles describe
How the government will function
Article 1 (I)
Legislative Branch
Congress
Article 2 (II)
Exectutive Branch
President
Article 3 (III)
Judicial Branch
Supreme Court
Article 4 (IV)
Relationship of the states to one another and the national government
Article 5 (V)
Amendment procedure
Article 6 (VI)
Supremacy Clause
Article 7 (VII)
Ratification process
What are Amendments
Changes to the Constitution
How many Amendments are there
27
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
Article 1
What does "powers are expressed" mean
directly stated
Which section of Article 1 explains Enumerated Powers
Section 8
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
Article 2 (II)
Who heads up the Executive Branch
The president
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
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`
yes, they must
Do the 3 branches of government always agree
no, conflict is inevitable
Who proposes a lot of the legislation the Congress considers
the president
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
yes
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
Yes
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
yes
Why does the Supreme Court often rule in favor of the President
to avoid conflict
Is amending the Constitution a formal or informal process
Formal
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
yes
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
once
Do informal changes to the Constitution change the wording of the Constitution itself
no
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
"vague" laws
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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