Basic Principles of the Constitution-Back to the Basics 2025

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29 Terms

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1. Jim Crow Laws

were enacted to enforce racial segregation until the mid-20th century

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2. Allowed separate balloting for president and vice president to avoid a tie as in the election of 1800 between Jefferson and Burr

12th Amendment

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3. Freedom of religion, assembly, press, petition, speech

1st Amendment

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4. No unreasonable search and seizure, no warrants without probable cause

4th Amendment

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5. No self-incrimination, protection against double jeopardy

5th Amendment

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6. Right to speedy and public trial by an impartial jury, right to be informed of the charges, the right to confront one's accuser(s), the right to counsel

6th Amendment

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7. No cruel or unusual punishment

8th Amendment

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8. Any power not given (delegated) to the federal government by the Constitution, is given (reserved) to the states or the people

10th Amendment

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9. Abolished slavery

13th Amendment

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10. Defined what persons were citizens of the United States and offered protection from state infringements on citizens' rights, due process forced down to the state level or Doctrine of Incorporation

14th Amendment

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11. Extended the right to vote to citizens regardless of race, color or previous condition of servitude

15th Amendment

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12. Provides electors for the District of Columbia

23rd Amendment

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13. Abolishes poll taxes

24th Amendment

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14. Presidential Succession; Vice Presidential Vacancy; Presidential Inability

25th Amendment

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15. Lowered the voting age from 21 to 18

26th Amendment

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16. Popular sovereignty

is the principle that governmental authority is derived from the people. Under this principle, government governs with the consent of the governed.

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17. For Constitutional ratification; for the supremacy of the national government; for more powers to be given to the national government to address weaknesses of the Articles of Confederation (e.g., no power to tax and no national executive or judicial branches); and for the "necessary and proper" and "supremacy" clauses

Federalist

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18. Against Constitutional ratification; for supremacy of the state governments; for the need of a national bill of rights to protect citizens' individual rights and freedoms from the powers of the national government; (Anti-Federalist 84) against the "necessary and proper" and "supremacy" clauses

Anti-Federalist

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19. Federalism

is a system in which power is divided between national and state governments. Under the U.S. Constitution, this principle is reflected in the division of powers between the national government and the states.

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20. Separation of Powers

a distribution of governmental powers among independent branches. Each of the branches has a specific field of authority and unique set of responsibilities within the operation of the government.

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21. Checks and Balances

constitute a system for controlling government power. Under this principle, the branches of government possess the ability to restrain certain actions of other branches.

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22. Limited Government

holds that a government can only exercise the powers granted to it. Government must be conducted according to the rule of law.

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23. Makes laws; declares war; and imposes taxes

Legislative Branch

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24. Enforces the law; issues executive orders; and appoints and receives ambassadors

Executive Branch

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25. Interprets the law; hears cases with original jurisdiction; hears appeals from lower courts

Judicial Branch

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26. The processes for the U.S. Constitution are outlined in the document. Constitutional amendments have added to, modified, replaced and/or voided provisions of the original document and previous amendments

Formally Amending

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27. Have frequently interpreted provisions of the U.S. Constitution to clarify and extend their meaning. With its power of judicial review, the Supreme Court has also declared actions of the branches and of the states to be unconstitutional

Supreme Court Cases

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28. The U.S. Congress, by has provided details which build upon the framework of the Constitution. For example, civil rights acts and voting rights acts have provided specific directions to promote constitutional principles

Creating Legislation

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29. Also have changed how constitutional government has been implemented in the United States. These practices are related to provisions in the Constitution, but venture into areas not specifically addressed in the Constitution. For example, legislative oversight of the executive branch grew in part out of Congress' need for information to help draft new legislation

Informal Practices