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What's the structure of the constitution?
The preamble, 7 articles, and 27 amendments
What does the preamble do?
Gives the five purposes of gov: resolves conflicts, give protection, public policies, public services, preserve culture.
What's article 1 of the constitution?
Legislative Branch
What's article 2 of the constitution?
Executive Branch
What's article 3 of the constitution?
Judicial Branch
What's article 4 of the constitution?
Relations between states
What's article 5 of the constitution?
Process for amending the constitution
What's article 6 of the constitution?
National Supremacy Clause
What's article 7 of the constitution?
Ratification process of the constitution
What are McGuinn's 10 principles of the constitution?
1-Federalism
2-Powers
3-The Necessary and Proper Clause
4-National Supremacy
5-Popular Sovereignty
6-Limited Government
7-Separation of Powers
8-Checks and Balances
9-Due Process
10-Judical Review
What's in the bill of rights, amendment 1?
RAPPS: religion, assembly, petition, press, speech
What's in the bill of rights, amendment 2?
Right to bear arms and have well regulated militias
What's in the bill of rights, amendment 3?
No quartering of soldiers
What's in the bill of rights, amendment 4?
No illegal search and seizure?
What's in the bill of rights, amendment 5?
SEGDD: freedom from self-incrimination, eminent domain (the gov can take your stuff if they pay for it), grand jury (there has to be enough evidence for a trial), due process, double jeopardy (you cannot be tried for the same crime twice)
What's in the bill of rights, amendment 6?
Speedy and public trial, right to a lawyer
What's in the bill of rights, amendment 7?
Trial by jury over $20
What's in the bill of rights, amendment 8?
Freedom from cruel and unusual punishment
What's in the bill of rights, amendment 9?
Unlisted rights
What's in the bill of rights, amendment 10?
Reserved powers, all powers not given to the federal gov are given to the state governments
What's National Supremacy?
Federal law overrides state law
Why was the preamble of the constitution so detailed?
Because the founding fathers were trying to fix the mistakes made in the articles of confederation
What's federalism?
Federalism is powers being shared between the states and federal gov, but the federal gov remains supreme.
What are Enumerated powers?
Enumerated powers are those given to the federal gov. Like to declare war, coin money, regulate interstate commerce, and establish foreign policy.
What are reserved powers?
Reserved powers are the powers reserved for the states. Like to establish and maintain schools, conduct elections, and provide for public safety.
What are concurrent powers?
Concurrent powers are those shared between state and federal gov. Like collecting taxes, making and enforcing laws, borrow money, and establish courts.
What's judicial review?
Gives the supreme court the ability to declare laws and acts unconstitutional. This is important because things like most people owning a car didn't exist back then.
What's popular sovereignty?
What most people want to be ruled, exercised through voting.
What's limited government?
Government doesn't hold all the powers, it only does what people allow it to do, gov officials must still obey the law.
Why is it important to have a limited government in a democratic society?
So that leaders don't go corrupt and take away power from the people.
What's separation of powers?
Each branch of gov has different powers, keeps any one branch from becoming too powerful.
What are checks and balances?
Actions taken by one branch to stop another.
What are ways the executive branch can check the judicial branch?
By nomination and confirmation of justices
What are ways that the executive branch can check the legislative branch?
By vetoing laws that the legislative branch makes
What are ways that the legislative branch can check the executive branch?
By overriding a presidential veto
What are ways that the legislative branch can check the judicial branch?
By changing the courts jurisdiction
What are ways the judicial branch can check the executive branch?
By declaring executive acts unconstitutional
What are ways the judicial branch can check the legislative branch?
By declaring the legislative branches laws unconstitutional
What's the elastic clause?
Also knows as the necessary and proper clause, it allows congress to exercise implied powers
By writing the constitution, what were the founding fathers trying to amend with the articles of confederation?
Trying to fix all the problems in the articles
How did the founding fathers make it possible to change the constitution?
Article 5 of the Constitution
What did the founding fathers add to ensure individual civil rights would be protected?
A bill of rights
The creation of the senate appeals to whom?
Small states
The creation of the house of the representatives appeals to whom?
Big states
What are the first 10 amendments of the constitution?
The bill of rights