gov - the consitution

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36 Terms

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preamble

introductory statement of constitution, states purpose

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ratification

official way of confirming something

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federalism

power is split between central government and individual, state governments

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judicial review

supreme court has power to declare acts of congress unconstitutional

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ammendment

change/addition to the constitution

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enumerated powers

powers granted to the US government by the constitution

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popular sovereignty

political principle that the people are the source of all political power and legitimacy

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elastic clause

congress can make laws that are necessary to carry out their enumerated powers

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supremacy clause

the constitution is the supreme law of the USA

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checks and balances

branches of government have the power to limit each others power

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federalists

for the constitution as written

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anti-federalists

threatened not to ratify constitution if bill of rights not inclueded

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article I

establishes legislative branch

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article II

establishes executive branch

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article III

establishes judicial branch

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article IV

establishes relationship between states and federal government, describes how to admit new states into the union

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article V

describes how to amend the constitution

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amendment proposal

2/3 majority vote in both chambers or constitutional convention called for by 2/3 of state legislature

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amendment ratification

ratify by Âľ of state legislatures (38/50) or Âľ by state conventions

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article VI

establishes constitution as supreme law of US, authorizes national debt, public officials must take an oath to support constitution

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article VII

describes how to ratify constitution

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1st ammendment

freedom of speech, religion, press, peaceful protest, and right to petition

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2nd amendment

right to bear arms

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3rd ammendment

limits quartering of troops

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4th ammendment

no unreasonable search and seizure

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5th ammendment

double jeopardy, cannot take property without compensation, right to due process, right not to incriminate yourself

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6th ammendment

right to speedy and public trial by jury of peers

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7th ammendment

right to trial with jury in civil cases worth more than $20

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8th ammendment

no excessive bail or unusual punishment

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9th ammendment

people may have rights not listed in the constitution

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10th ammendment

any powers not delegated to federal government in the constitution are left to the states

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judicial branch

interprets laws

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executive branch

executes/carries out laws

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legislative branch

creates laws

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Marbury V Madison

first supreme court case, established concept of judicial review, William Marbury sued president claiming a president could not overturn an act of congress

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McCulloh V Maryland

established necessary and proper clause, congress has “implied powers”