CH. 3 "The Constitution" – Flashcards
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Popular Sovereignty
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all political power resides with the people. Government can only govern with the consent of the "governed" (stated in preamble)
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Limited government
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no gov. is all powerful-may do only those things that the people have given it the power to do. (Constitutionalism-gov. must be conducted according to constitutional principles)
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Separation of powers
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basic principle of American system of government that the executive, legislative, and judicical powers are divided among three independent and coequal branches of governent
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Checks and balances
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each branch of government is subject to a # of constitutional checks or restraints by the other branches.
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judicial review
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The power of the courts to determine what gov. does is in accord with what the Constitution allows/provides
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Federalism
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a system of government in which a written constitution divides power between a central, or national, government and several regional governments.
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What is popular sovereignty?
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all political power resides with the people. Government can only govern with the consent of the "governed" (stated in preamble)
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Baron de Montesquieu
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French Philosopher who came up with the idea of Separation of powers (legis, judicial, exec.)
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Checks and balances
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each branch of government is subject to a # of constitutional checks or restraints by the other branches.
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Judicial review- how many times, how often applied over the years
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150 cases?
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define Marbury v. Madison
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Supreme Court established the power of judicial review in the case Marbury v. Madison, 1803- John Marshall was Chief Justice. (William Marbury had been appointed as one of John Adams' "midnight appointees" in 1800. (Cousin of Thomas Jefferson's, staunch Federalists)
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Federalism- basic characteristics in our government
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a system of government in which a written constitution divides power between a central, or national, government and several regional governments.
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The Preamble- its intent and purpose
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purpose of government
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Articles (7 Sections)
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1.) branches of Government, 2.)powers and organization, 3.)the states, 4.)amendments added, ratification provisions
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Formal Amendments- basic principles invovled
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change or addition that becomes part of the written language of the Constitution itself through one of four methods set forth in the Constitution
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Main two methods
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1st. method- ? vote in each house of Congress and ratified by ¾ of the state legislature (38 of 50 must approve) 26 of 27 amendments have occurred this way 2nd Method- amendment proposed by Congress and ratified by conventions in ¾ of the state's only 21st amendment used this process (repeal of prohibition -18th amendment)
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Time limits or other restrictions on the amendments
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usually 7 years Constitution has only 1 restriction about what kind of an amendment may be proposed: NO STATE WITHOUT
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Informal changes to the Constitution/ Constitutional changes by other means: Basic Legislation
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Basic legislation passed by Congress (many agencies, depts, and offices in exec. Branch were created by acts of Congress)= added to skeletal parts of the constitutio/ interpretation of various terms.
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Informal changes to the Constitution/ Constitutional changes by other means: Executive action
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Presidential action- presidents using their powers to grow the Constitution- making war without a declaration of war by Congress. (Executive action) - executive agreement
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Informal changes to the Constitution/ Constitutional changes by other means: Court decisions
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Court Decisions- nation's courts interpret and apply the Constitution in cases (judicial review)
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Informal changes to the Constitution/ Constitutional changes by other means: Party practices
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political parties were never mentioned in the Constitution - but from 1830s on there have been National Conventions to select presidential Candidates (made the Electoral College the institution that formally elects the President)
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Informal changes to the Constitution/ Constitutional changes by other means: Customs
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cabinet (heads of 15 executive departments make up the President's advisory body)
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cabinet
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Presidential advisory body, traditionally made up of the heads of the executive departments and other officers
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Senatorial courtesy
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custom that the Senate will not approve a presidential appointment opposed by a majority- party senator from the State in which the appointee would serve.
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executive agreements
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pact made by the President directly with the head of a foreign state/ not a treaty which is a formal agreement between 2 sovereign states (Ex. Agreement-does not need approval by the Senate)
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treaty
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a formal agreement between two or more sovereign states
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electoral college- reasons why created and its role in electing president and vice-president
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group of persons chosen in each state and the district of columbia every 4 years who make a formal selection of the President and Vice President
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Elastic clause
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Congress may use its power to what is "necessary and proper" for the government
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"We are a nation of laws, not of men"
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ex of limited government???
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1st amendment
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Congress may not violate the rights of freedom of religion, speech, press, peaceable assembly, and petition.
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2nd amendment
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Each state has the right to maintain a militia. Individuals can own and use weapons.
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4th amendment
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The government may not search or take a person's property without a warrant.
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5th amendment
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A person may not be tried twice for the same crime and does not have to testify against himself/ herself (" I plead the____)
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8th amendment
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A person is protected from excessive or unreasonable fines or cruel and unusual punishment.
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10th amendment
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Any power not given to the Federal Government by the Constitution is a power of neither the State or the people.
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15th amendment
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Citizens are guaranteed the right to vote, regardless of race, color, or status of former slave.
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13th amendment
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Slavery is outlawed in the United states
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19th amendment
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Citizens are guaranteed the right to vote, regardless of sex. (WOMEN GET THE RIGHT TO VOTE)
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22nd amendment
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No president can serve more than two terms.
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25th amendment
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The Vice President becomes the President if the President is disabled.
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26th amendment
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Citizens who are at least 18 years of age are guaranteed the right to vote.
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18th amendment
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making and selling alcohol is illegal. ( the 21st amendment repealed this amendment)
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equal rights amendment
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1970s and 1980s (not ratified) was given 3 extra years to ratify (on top of the 7 year deadline)
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Civil War amendments
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13th, 14th, 15th amendements
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Schenck v. United states.
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In Schenck v. United States (1919), the Supreme Court invented the famous "clear and present danger" test to determine when a state could constitutionally limit an individual's free speech rights under the First Amendment. In reviewing the conviction of a man charged with distributing provocative flyers to draftees of World War I, the Court asserted that, in certain contexts, words can create a "clear and present danger" that Congress may constitutionally prohibit. While the ruling has since been overturned, Schenck is still significant for creating the context-based balancing tests used in reviewing freedom of speech challenges.
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Tinker vs. Des moines School district
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- The kids that wore the armbands that had peace signs, they wore them during the vietnam war. The school sent them home. Their parents sued the school saying that the school was violating their freedom expression.
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27th amendment
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Most recent amendment to be ratified in 1992. Was first offered to congress in 1789. It says " any pay raise the House of Representatives may approve for its members does not take effect until after the next congressional election.
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Dillion v. gloss
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Dillon V. Gloss 1921- when Congress proposed the 18th amendment in 1917, it set a 7 year deadline for its ratification) (7 ys is usual time frame)
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amendments
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a change in, or addition to, a constitution or law
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Formal amendments
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Change to the Constitution's written words
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Senatorial Courtesy
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custom that the Senate will not approve a presidential appointment opposed by a majority- party senator from the State in which the appointee would serve.
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Cabinet
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Presidential advisory body, traditionally made up of the heads of the executive departments and other officers
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Treaty
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a formal agreement between two sovereign countries that requires congressional approval.
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Executive agreement
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pact made by the President directly with the head of a foreign state/ not a treaty which is a formal agreement between 2 sovereign states (Ex. Agreement-does not need approval by the Senate)
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Electoral college
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group of persons chosen in each state and the district of columbia every 4 years who make a formal selection of the President and Vice President
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cruel and unusual punishment
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whipping to death,
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presidential disability
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if the president becomes unable to serve the Vice president steps in his place
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Presidential terms limitation
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Can not declare war
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bill of rights
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1st ten amendments
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What issues might arise when the legislative and executive branches are controlled by different parties?
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- Grid lock, nothing gets done - Divided government
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Explain the concept of rule of law?
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- The government and its officers are not above the Law. - Constitutionalism (another name)
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What might happen if there were no rule of law?
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- Gov. Would have unlimited power
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Explain how the ratification process is an example of popular sovereignty?
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- Pop. sovereignty : People govern - Elected congress men/ women oppose amendents
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When an amendment is proposed, why is it not sent to the President to sign or veto?
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-An amendment is not a law. - When congress proposes an amendment it is not a law therefore the President has no responsibility for it.
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How does the process of Constitutional amendment reflect the goals of the Framers?
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- The framers of the constitution came up with flexibility to flexible for future needs. - They promote federalism -
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How many amendments have been added to the Constitution?
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27
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What are the 1st ten amendments called?
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The bill of rights
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In what year were the 1st ten amendments added?
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1791
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When was the most recent amendment and what was it?
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1992 (27th), congressional pay limits
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which amendment abolished slavery? when?
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13th, 1865
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What did the 19th amendment in 1920 give to women?
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Right to vote (suffrage)
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Under which amendment are we guaranteed the freedom of religion?
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1st
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Assembly?
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the right to get together
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Petition?
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the right to ask government to make a change
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Quartering?
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The right to furnish soilders with lodgging
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Why did Americans insist on adding the Bill of Rights to the Constitution?
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Freedom of rights and liberty
