The Constitution

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Last updated 1:48 AM on 12/12/24
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33 Terms

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Article 1

Powers and Functions of Congress

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Article 2

Powers and functions of the executive branch

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Article 3

powers and functions of judiciary

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Article 4

Relationship between the states

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Article 5

Process for amending the constitution

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Article 6

establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

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Article 7

the Constitution becomes the official law of the land when ratified by nine states.

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Differences between Articles and Amendments

The preamble explains why the Constitution was written, while the articles spell out how the government is to be run. The last part, the amendments, deal with subsequent changes made to the Constitution.

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1st Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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2nd Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

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3rd Amendment

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

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4th Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

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5th Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

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6th Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

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7th Amendment

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

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8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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9th Amendment

the rights of citizens will be protected whether these rights are listed or not

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10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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11th Amendment

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

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14th Amendment

grant citizenship to “All persons born or naturalized in the United States,” thereby granting citizenship to formerly enslaved people

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15th Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. The Congress shall have power to enforce this article by appropriate legislation.

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17th Amendment

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.

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19th Amendment

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation.

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24th Amendment

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax. The Congress shall have power to enforce this article by appropriate legislation.

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Elastic Clause (necessary and proper clause)

allows Congress to make any legislation that seems “necessary and proper” to carry through its powers

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Supremacy clause

supremacy of Constitution and federal laws over state laws

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Establishment clause

Constitution prevents government from establishing state religion

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Commerce clause

gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.

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Due process clause

prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law

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Free exercise clause

Government can’t infringe on beliefs and religion but can regulate conduct to some degree

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Equal protection clause

forces a state to govern impartially—not draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective

(crucial for civil rights)

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Full faith and credit clause

Says that each state must honor the laws, records and court decisions of every other state

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Privileges and immunities clause

Says that each state must honor the laws, records and court decisions of every other state

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