Unit 3 test study guide

Which Amendment is this?

Religion
Assembly
Petition
Press
Speech

Amendment 1

Which amendment is this?

The right to bear arms or a militia

Amendment 2

Which right is this?

No quartering troops in peacetime

Amendment 3

No unreasonable search and seizure

Amendment 4

Which amendment is this?

Rights of the accused

Amendment 5

Which amendment is this?

-Trial by jury

-Right to a lawyer

-Right to a speedy trial

Amendment 6

Which amendment is this?

In CIVIL TRIALS/CASES where the value exceeds a certain amt a trial by jury must exist

Amendment 7

Which Amendment is this?

-No cruel and unusual punishment

-no excessive bail amount

Amendment 8

Which amendment is this?

Just because a right isn’t listed (unenumerated rights) doesn’t mean it isn’t a right under this amendment.

Amendment 9

Which amendment is this?

-Reserved powers

-powers not delegated to the federal government are reserved to the states and people

Amendment 10

Which amendment is this?

-Due process

-Equal protection of the laws

-rights of the citizens

Amendment 14

What is the name of this case?

When Congress established a bank, the state of Maryland tried to tax it but a banker refused to pay. The supreme court ruled that congress can make a national bank and states can’t tax it. (Federalist idea)

McCulloch v. Maryland

What form of government is this?

Holds primary authority and regulated activities of states

Unitary

What form of government is this?

States are sovereign/power is within them

Confederate

What form of government is this?

Central government shares powers with the states

Federal

What is the name for this term?

A system of a shared power between central government (federal) and subnational governments (states)

Federalism

Which of the six basic principles is this?

-Established by Marbury v. Madison

-power to determine whether acts of government are in accordance with the constitution

Judicial Review

What type of grant is this?

Federal grants given more or less automatically to support broad programs but have fewer strings attached than usual (can be spent anywhere in a broad sense) Ex: healthcare

Block Grant

What type of grant is this?

Federal money that can only be used for specific purposes and has strings attached

Categorical grant

What type of categorical grant is this?

Based on merit, must apply, often for research (like a merit based scholarship)

Project grant

What type of categorical grant is this?

The amount varies based on formulas set by congress to the states (like need based scholarships)

Formula grant

What is the term for this?

Compulsory laws/regulations passed by Congress (ADA)

Mandates of the Federal Government

What is the name of this clause?

-State can’t discriminate against citizens of another states

-Can’t draw “unreasonable” distinctions between citizens from their state and another state

Ex: A VA resident will pay the same amount of sales tax as Texans in TX

Privileges and Immunities Clause

What is Article I?

Legislative

What is Article II?

Executive

What is Article III?

Judicial

What is article IV?

States

What is article V?

Amendments

What is article VI

supremacy

What is article VII?

Ratification

What is the name of this term?

Returning a criminal to a state where a crime was committed for prosecution

Extradition

What is the name of this clause under IMPLIED powers?

Allows all laws necessary for carrying out powers stated in the constitution

Necessary and proper clause

What is the name of this clause?

-Other name for necessary and proper clause

-Allows for federal government powers to stretch overtime

elastic clause

What is the name of this term?

-Judicial decrees and contracts made in state will be binding in another (ex: marriage licenses)

-ALSO CONSIDERED ELASTIC SINCE IT CAN CARRY OVER STATE TO STATE

Full Faith and Credit

What is the name of this term?

-listed under JUDICIAL REVIEW

-To void a government action which violates the constitution

Unconstitutional

What is the name of this term?

-listed under LIMITED GOVERNMENT

-Government must be conducted according to the Constitution

Constitutionalism

What’s the name of this term?

-listed under LIMITED GOVERNMENT

-Means that the people and the government are all subject to the law

Rule of Law

Which of the six basic principles is this?

-Coined by Montesquieu

-Powers divided among branches (Legislature, executive, judicial)

Separation of powers

What is the name of this clause?

-Under Article 6, Section 2

-Constitution and federal laws are supreme over state laws

-Reinforced in case of McCulloch V. Maryland

Supremacy Clause

Which of the six basic principles is this?

-Each branch is limited by restraints by the other powers

-Prevents one branch from becoming too powerful

Checks and balances

What is the name for this type of power?

-Powers STATED in the constitution (AKA enumerated and delegated powers)

Expressed

What is the name for this type of power?

-powers possessed by both the states and the national govt (ex: power to tax)

Concurrent

What is the name for this type of power?

-Powers of the state governments

-powers not granted to the federal government nor denied to the states are reserved as state powers

Reserved

What is the other name for the first 10 amendments?

Bill of Rights

What power do these examples go under?

-Ability to collect or levy taxes

-Regulate commerce

-Ability to coin money

-To declare war

-Establish post offices and lower federal courts

Enumerated

Is this the formal or informal amendment process?

-Proposed by congress by a 2/3 vote in both houses; ratified by state legislatures of ¾ of the states

-Proposed by congress by a 2/3 vote in both houses; ratified by conventions held in ¾ of the states

-Proposed at a national convention called by congress when requested by 2/3 of the state legislatures;  ratified by conventions held in ¾ of the states

-Proposed at a national convention called by congress when requested by 2/3 of the state legislatures; ratified by state legislatures of ¾ of the states

Formal

Is this the formal or informal amendment process?

-Basic legislation: passage of laws

-Executive action: Using presidents power to act

-Court decisions: court cases

-Custom: upholding traditions and candidates at national conventions

-Party practices: using parties to change political process

informal

Are these formal or informal amendments?

-13th Amendment (abolishing slavery)

-19th Amendment (granting women the right to vote)

-16th Amendment (allowing for income tax)

-26th Amendment (lowering the voting age to 18)

Formal

Are these formal or informal amendments?

-Miranda Rights

-Marbury V. Madison/Judicial Review

-Unconstitutional for racial segregation in public schools

Informal

What type of mandate is this?

Compulsory regulation, with money to help defray costs

Funded

What type of mandate is this?

Requirements on state and local governments but no money (kinda unconstitutional now)

Unfunded

What type of mandate is this?

Have some money but not enough to carry out program so there is a cost to states (No Child Left Behind Act)

Underfunded