AP Gov chapter 3 – Flashcards
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Why is the constitution a living document?
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Because of the amendment process
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How many amendments are there?
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-There are 27 amendments -Increased and restricted federal power, limited state power -Increased democratic process (women and African Americans)
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How many parts is the constitution divided in?
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-Preamble -Articles -Amendments
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What is the preamble?
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Introduction that states why the constitution was written
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How many articles are there?
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Seven articles
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The pneumonic for the articles?
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Let's eat jolly ranchers after grade room
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What is "L" for the articles? (Let's)
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Article 1- legislature power
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What is "E" for the articles? (Eat)
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Article 2- executive power
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What is "J" for the articles? (Jolly)
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Article 3- judicial power
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What is "R" for the articles? (Rancher)
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Article 4- relationship between states (states powers and limits)
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What is "A" for the articles? (After)
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Article 5- process of AMENDMENTS ( ways it can be amended or changed
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What is "G" for the articles? (Grade)
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Article 6- federal power (GENERAL provisions) Supremacy clause (constitution "shall be the supreme 'law of land"
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What is "R" for the articles? (Room)
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Article 7- RATIFICATION (approved of 9 out of 13 states)
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What are the major principles of the constitution?
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- Popular sovereignty - Federalism - Separation of powers - Checks and balances - Judicial review - Limited government
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What is popular sovereignty?
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People are the ultimate source of government power
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What is federalism?
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Power is divided between national and state government
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What is separation of power?
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-Each of the 3 branches has its own responsibilities -Ensures no one person or group would be able to create, administer and enforce the laws.
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What are checks and balances?
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Each branch holds so,e control over the other two branches
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What are judicial review?
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Carts have power to declare laws and actions of congress and the president unconstitutional
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What are limited government?
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Lists powers government does and does not have
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What are delegated powers or enumerated power?
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Are the powers that are clearly spelled out in the constitution, that they are powers of the federal government.
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What are federal governments powers listed in the constitution?
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- The power to declare war - To raise tax - Regulate immigration and naturalization - Regulate interstate commerce - Admit new states - Set standards for weights and measures - Establish and enforce copy right laws - Create lower courts - Establish foreign policy - Establish a postal system
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What are guarantees of the constitution?
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- Writ of Habeas Corpus - Prohibits Bill of Attainder - Prohibits Ex Post Facto Law
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What is the Writ of Habeas Corpus?
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- A will or legal action allowing a prisoner to challenge his or her legal imprisonment in court - Can be suspended in case of rebellion or invasion
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What is the prohibits bill of attainder?
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- A law that declares a person without a trial, to be guilty of a crime. - Prevents laws that are directed against a specific person(s)
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What is the prohibits ex post facto law?
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- Criminal laws that make an action illegal after someone has already taken it. - Guarantee people are warned ahead of time that their actions are illegal.
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What are the other guarantees?
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- Right to trial by jury in criminal cases - Citizens of each states are entitled to privileges and immunities of the citizens of another state - No religious test or qualification for holding federal office
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What is the 1st amendment?
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The freedom of expression
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What is the bill of rights?
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It protects the rights of citizens from government abuse.
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What are the 1st amendments freedoms?
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- Freedom of speech - Freedom of religion - Freedom of press - The right to peacefully assemble - Freedom of petition
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What is freedom of religion?
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- Americans can worship as they please or not at all.
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What are the three points in freedom of religion?
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- The establishment clause - Separation of church and state - The free exercise clause
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What is the establishment clause?
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- "Congress shall make no law, respecting an establish of religion" - Prevents the government from creating a church, endorsing religion in general or favoring one set of religions beliefs over another.
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What is the separation of church and state?
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- Cannot create a church, endorse, or favor one set of religious beliefs over another. - Government can't find any one religion
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What is the free exercise clause?
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- Prohibits the government form unduly interfering with the free exercise of religion.
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What is freedom of speech?
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- Allows citizens to express and to be exposed to a wide range of opinions and views - Ensures a free exchange of ideas, even if the ideas are unpopular. - Government cannot prevent an individual from expressing their opinion - Citizens have the right to criticize government officials and their decisions
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What are the limits to freedom of speech?
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slander, which is false speech intended to damage a persons reputation.
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What are the three types of speech?
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- Pure speech - Speech plus - Symbolic speech
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What is pure speech?
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- Verbal expression of a thought or opinion to an audience that has chosen to listen - Most common form of speech
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What is speech plus?
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- Involves actions (such as marching, sit-ins) - Subject to government control - The supreme court has ruled that actions cannot abstract traffic, block sidewalks, illegally trespass, or endanger public safety
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what is symbolic speech?
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- Involves using actions and symbols, instead of words. - Draft card burning. flag burning
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What are the four types of speeches that are not protected?
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- Seditious speech - Defamatory speech - Fighting words - Student speech
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What is seditious speech?
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- Any speech urging resistance to the law or overthrow of government
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What the main points in seditious speech?
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- "Clear and present danger" rule - Bad tendency doctrine
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What is "Clear and present danger" rule?
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Conflict between free expression and the demands of public safety occurs
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What is bad tendency doctrine?
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Speech can be restricted even if it had a tendency to lead illegal actions.
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What is defamatory?
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- Telling or writing lies about others - Not protected by the supreme court (libel, slander)
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What is fighting words?
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Expression that have a direct tendency to cause acts of violence by the person to whom, individually, the remarks are made
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What is student speech?
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- The supreme court has limited student speech - Cannot interfere with educational objective
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What is freedom of press?
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- Protects newspapers, books, magazines, radio, television, and internet. - Not subject to a government censorship
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What are the limits of freedom of press?
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- Advisory labels, censorship racking, children pornography - Libel, which is a false written or published statements
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What is the right to peacefully assemble?
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Physically gathering with a group of people to picket, protest, or demonstration. Hold meetings to pass out information.
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What are the limits to peacefully assemble?
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- Not on private property - Cannot endanger others - May need a permit to march
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What is the second amendment?
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-the right to bear arms
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what are the major questions about guns?
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- Does the right to use guns belong to individuals or only to a militia? - Are states free to regulate use and sale of firearms? - Who has the right to ban assault weapons, mandatory background checks, waiting periods, restriction on gun sales.
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What are the major points of the gun debate?
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- NRA, national rifle association, advocates gun rights - Brady campaign wants to prevent gun violence and increase gun control.
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What is the third amendment?
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-Restricts quartering of troop in private homes - Framers were resentful of british law - Prevents government from forcing people to provide shelter for soldiers in their homes, except when the interest of national security overrides individuals rights.
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what is the fourth amendment?
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- protects against "unreasonable searches and seizures" - must be based on probable cause - search or arrest requires a warrant
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What is a search in the fourth amendment?
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anything from a frisk by police to a blood test to search
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What is a seize in the fourth amendment?
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taking control of individual or possession (used for evidence)
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What is warrant in the fourth amendment?
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- a warrant is an order by a judge describing a specific place to be searched for items or an individual to be arrested for a specific crime - warrants are not need for trash, life threatening, committing a crime.
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What does the exclusionary rule say?
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it says that any illegally obtained evidence (no matter hoe incriminating) cannot be used in a court of law.
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What is the fifth amendment?
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no one can be tried for a serious crime unless a grand jury has decided there is enough evidence to justify a trial.
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What is double jeopardy in the fifth amendment?
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person found "not guilty" connote be tried for crime twice
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What is self-incrimination in the fifth amendment?
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no one may be forced to testify against himself
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What is due of process in the fifth amendment?
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government must follow certain constitutional procedures in trials and other actions taken against individuals
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What is eminent domain in the fifth process?
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- power of the government to take private property for public use such as a highway, dam or park - they must pay a fair price for the property taken
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What is the sixth amendment?
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Guarantees the right to - a speedy trial - a public trial - an impartial jury - to be informed of criminal charges - to be confronted by adverse witness - to a change of venue, or new trial location if a fair trial can not be obtained
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Why does the sixth amendment guarantee a speedy trial?
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- to ensure a fair trial (witness may leave, memories fade, physical evidence may be lost) - without it, criminal defendants could be held indefinitely under a cloud of unproven guilt
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Why does the sixth amendment guarantee a public trial?
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trials are conducted in the public to ensure that justice is carried out in full view of people
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What is the seventh amendment?
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- extends rights to a jury trial in federal civil cases - car accidents, contract disputes, discrimination or employment disputes - lawsuits seek money - plaintiff must prove his case by "preponderance of the evidence" - over 50% of the proof
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What is the eighth amendment?
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- prevents against excessive bail - cruel and unusual punishment
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What is bail in the eighth amendment, and that is will not be excessive?
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- bail is money or property that the accused deposits with the court to gain release from jail until trial. - bail is set to ensure the accuses until appear for trial - bail is returned when the trial ends. If the accused does not show, bail is kept. - prevents judges ordering someone convicted of a crime to pay an excessive fine.
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What is cruel and unusual punishment in the fifth amendment?
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- cruel and unusual punishment - punishment fits crime - intended to outlaw gruesome methods - crucifixion, burning at the stake, torture.
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What is the ninth amendment?
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- Constitutional Safety Net to clarify that individuals have other rights, in addition to the first eight. - This protects all basic or natural rights not specifically listed in the constitution - all other rights not spelled out in the constitution are "retained by the people"
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What is the tenth amendment?
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- defines the balance of power between federal and states
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What is the federal government in tenth amendment?
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- the federal government only has powers specifically granted int eh constitution - declare war, collect taxes, regulate interstate, business, etc.
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What is the state government in the tenth amendment?
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- any power not listed to the federal government is given to the states - marriage, divorce, adaption, driving age, liquor control, law enforcement.
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What is the eleventh amendment?
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sets limits on when a state can be sued. in particular it gave immunity to states from law suits from out-of-states citizens and people not living within the state borders.
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What is the twelfth amendment?
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- it deals with election of the president and vice president and was made in 1804 changing presidential election rules in the constitution. - it would no longer be that the candidate that wins will be the president and the candidate that loses will be the vice president. now it two different races.
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What is the thirteenth amendment?
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freed the slaves (1865) (civil war amendment)
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What is the fourteenth amendment?
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- provides a brief definition of national citizenship - requires states to provide equal protection under the law to all persons (not only citizens) (civil war amendment)
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What is the fifteenth amendment?
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- grants voting rights to people regardless of "race, color, or pervious condition of servitude" (civil war amendment)
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What is the grandfather clause in the fifteenth amendment?
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- you could only vote if your grandfather was a free man. - they also made the blacks take unusually hard test. -put in fines in order to vote, which some could afford.
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What is the sixteenth amendment?
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- income tax amendment - allows the federal government to collect an income tax from all Americans - income tax allows the federal government to keep an army, build a roads and bridges, and enforce and carry out other important duties
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What is the seventeenth amendment?
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- regular election of senators
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What is the eighteenth amendment?
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- banned side, consumption, and transportation of alcohol (prohibition)
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What are the reasons for prohibition?
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- domestic abuse - issues at home - alcoholism
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What is the nineteenth amendment?
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- women suffrage - women could vote
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What is the twentieth amendment?
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- lame duck amendment - it made sure that the time between the election and the oath was short
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What is the twenty first amendment?
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- repealed the eighteenth amendment
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What is the twenty second amendment?
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- limits president to two full terms to 10 years
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What is the twenty third amendment?
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- granted DC the right to vote in presidential elections
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What is the twenty fourth amendment?
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- no more poll tax - the poll taxes where ego limit the amount of blacks voting by making pay to vote.
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What is the twenty fifth amendment?
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- vice president takes over in case the president's death or a serious illness
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What is the twenty sixth amendment?
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- lowered the voting age from 21 to 18
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What is the twenty seventh amendment?
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- congress can't give themselves raises
