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Constitution Test Review
Terms in this set (56)
a document constituting a fundamental guarantee of rights and privileges.
Declaration of Independence
Signed in 1776 by US revolutionaries; it declared the United States as a free state.
Articles of Confederation
1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)
Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.
A term used to describe supporters of the Constitution during ratification debates in state legislatures.
Opponents of the American Constitution at the time when the states were contemplating its adoption.
Democracy vs. Republic
Democracy is rule by the mass populace, while a republic is ruled by representatives chosen by the people.
the idea that all humans are born with rights, which include the right to life, liberty, and property
The power of the courts to declare laws unconstitutional
seperation of powers
dividing the powers of government among the executive, legislative, and judicial branches
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
a form of government in which power is divided between the federal, or national, government and the states
A principle of constitutional government; a government whose powers are defined and limited by a constitution.
A government in which the people rule by their own consent.
agreement providing a dual system of congressional representation
Speaker of the House
the leader of the majority party who serves as the presiding officer of the House of Representatives
A council of representatives
House of Representatives
the lower house of Congress, consisting of a different number of representatives from each state, depending on population
ex post facto law
a law that makes an act criminal although the act was legal when it was committed
Let the decision stand; decisions are based on precedents from previous cases
the part of the Constitution that permits Congress to make any laws "necessary and proper" to carrying out its powers
Full Faith and Credit Clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state
Privleges and Immunities Clause
citizens of one state cannot be discriminated in other states
Federal law is supreme over state law
Powers held jointly by the national and state governments.
Citizens may develop an idea for a law, members of the House or the Senate propose the bill, the House and Senate vote to approve the bill, the President signs the bill or vetos the bill, the bill becomes a law. If vetoed, another vote can be taken. If 2/3 of the House and Senate vote to approve the bill becomes a law.
how does a bill become a law?
Bicameral chambers, made up of representatives and senators elected by the people
how is the legislative branch structured?
cabinet departments, independent agencies, government corporations, independent regulatory commissions
how is the executive branch organized?
composed of lower courts and the Supreme Court of the US
How is the judicial branch organized?
chief of state, chief executive, chief administrator, chief diplomat, commander in chief, chief legislator, party chief, chief citizen,
roles of the president
cruel and unusual punishment
court sentences prohibited by the 8th amendment
the crime of betraying one's country
False charges and malicious oral statements about someone
Clause in the First Amendment that says the government may not establish an official religion.
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Brown v. Board of Education
1954 case that overturned Separate but Equal standard of discrimination in education.
Plessy v. Ferguson
"separate but equal" doctrine supreme court upheld the constitutionally of jim crow laws
McCulloch v. Maryland
1819, Cheif justice john marshall limits of the US constition and of the authority of the federal and state govts. one side was opposed to establishment of a national bank and challenged the authority of federal govt to establish one. supreme court ruled that power of federal govt was supreme that of the states and the states couldnt interfere
Miranda v. Arizona
Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
Being tried twice for the same crime
unreasonable searches and seizures
obtaining evidence without a good reason.
reasonable grounds (for making a search, pressing a charge, etc.).
following established legal procedures
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
Process of Amending the Constitution
1. Has to be introduced
2. Has to be proposed
Bill of Rights
First 10 amendments to the Constitution
13th Amendment to the Constitution
Rights of Citizens
15th Amendment to the Constitution
Right to vote for African American men
19th Amendment (1920)
Gave women the right to vote
Repeal of Prohibition
Limits the president to two terms.
lowered the voting age to 18
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