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preamble
introductory statement of constitution, states purpose
ratification
official way of confirming something
federalism
power is split between central government and individual, state governments
judicial review
supreme court has power to declare acts of congress unconstitutional
ammendment
change/addition to the constitution
enumerated powers
powers granted to the US government by the constitution
popular sovereignty
political principle that the people are the source of all political power and legitimacy
elastic clause
congress can make laws that are necessary to carry out their enumerated powers
supremacy clause
the constitution is the supreme law of the USA
checks and balances
branches of government have the power to limit each others power
federalists
for the constitution as written
anti-federalists
threatened not to ratify constitution if bill of rights not inclueded
article I
establishes legislative branch
article II
establishes executive branch
article III
establishes judicial branch
article IV
establishes relationship between states and federal government, describes how to admit new states into the union
article V
describes how to amend the constitution
amendment proposal
2/3 majority vote in both chambers or constitutional convention called for by 2/3 of state legislature
amendment ratification
ratify by Âľ of state legislatures (38/50) or Âľ by state conventions
article VI
establishes constitution as supreme law of US, authorizes national debt, public officials must take an oath to support constitution
article VII
describes how to ratify constitution
1st ammendment
freedom of speech, religion, press, peaceful protest, and right to petition
2nd amendment
right to bear arms
3rd ammendment
limits quartering of troops
4th ammendment
no unreasonable search and seizure
5th ammendment
double jeopardy, cannot take property without compensation, right to due process, right not to incriminate yourself
6th ammendment
right to speedy and public trial by jury of peers
7th ammendment
right to trial with jury in civil cases worth more than $20
8th ammendment
no excessive bail or unusual punishment
9th ammendment
people may have rights not listed in the constitution
10th ammendment
any powers not delegated to federal government in the constitution are left to the states
judicial branch
interprets laws
executive branch
executes/carries out laws
legislative branch
creates laws
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
McCulloh V Maryland
established necessary and proper clause, congress has “implied powers”