AP Gov Checks and Balances, Bill of Rights, Constitution

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23 Terms

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1st Amendment

- Freedom of religion
- Freedom of speech
- Freedom of the press
- Freedom of assembly
- Right to petition the government

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2nd Amendment

Right to bear arms

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3rd Amendment

No quartering of soldiers in civilian homes

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4th Amendment

- No unreasonable search and seizure
- No issuing of warrants without probable cause

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5th Amendment

Rights of the accused:
- No double jeopardy
- Right to remain silent

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6th Amendment

Rights of persons on trial:
- Right to a speedy trial by jury
- Right to be informed of charges
- Right to be confronted by witnesses
- Right to call witnesses
- Right to have a lawyer

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7th Amendment

Right to trial by jury in civil cases

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8th Amendment

Protection against:
- Excessive bail
- Excessive fines
- Cruel and unusual punishment

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9th Amendment

Peoples' rights are not limited to the ones that are listed in the constitution

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10th Amendment

Powers not granted to the Federal Government in the Constitution belong to the states or the people

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Article 1

Legislative Branch (Congress)

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Article 2

Executive Branch (President)

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Article 3

Judicial Branch (Supreme Court)

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Article 4

States' Powers: states can make and carry out their own laws, states must respect and work with other states

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Article 5

Amendments: the constitution can be changed, new amendments can be added

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Article 6

The Constitution and federal laws are superior to state and local laws (supremacy clause)

All laws must agree with US Constitution

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Article 7

Representatives from 12/13 states signed the Constitution at Constitutional Convention and from Sep 1787 to July 1788 the states met and voted to ratify the Constitution 

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Legislative on Executive Checks:

  • Can impeach (majority of House of Representatives) and remove (⅔ of Senate) president if he breaks the law 

  • Can override president’s veto with ⅔ of BOTH Senate and House of Representatives (separately)

  • Senate confirms presidential appointments (majority) and ratifies treaties (⅔)

  • House of Representatives controls spending (purse)

  • Power of congressional oversight 

  • Power to hold hearings and investigate the Executive Branch

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Legislative on Judicial Checks:

  • Can impeach (majority of House of Representatives) and remove (⅔ of Senate) federal judges if they break the law l 

  • Senate confirms appointment of judges (majority?)

  • Establish lower/inferior courts (by passing a bill)

  • Increase/decrease the size of the Supreme Court 

  • Propose Constitutional amendments where ⅔ of both House of Representatives and the Senate have to vote in favor, and ¾ of the states have to ratify it 

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Executive on Legislative Checks:

  • President can veto acts of Congress  (bills) (he has to approve them)

  • President can call special sessions of Congress

  • Can suggest laws and send messages to Congress (not formal in Constitution  

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Executive on Judicial Checks:

  • Can grant reprieves and pardons (forgiveness) for federal crimes 

  • President appoints federal judges

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Judicial on Legislative Checks:

  • Can declare acts of Congress (laws) unconstitutional (judicial review)

  • Can influence impact of laws through their “interpretation”

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Judicial on Executive Checks:

  • Can declare executive acts unconstitutional 

  • Judges appointed for life, are free of executive control or influence