Constitution

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Last updated 11:46 AM on 10/7/24
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71 Terms

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Self-evident truth

A universal truth (true everywhere) that requires no explanation, such as the belief that all men are created equal.

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Inalienable

Rights that are God-given and cannot be taken away.

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Inalienable rights

Life, liberty, and the pursuit of happiness.

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Purpose of government

To secure inalienable rights and ensure the safety and happiness of the governed.

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Limited government

A government with restricted powers; excessive power can lead to its abolition or change by the people.

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When can governments be changed?

Governments can be changed when they become destructive to people's inalienable rights.

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Federalism

A system of government where power is shared between state and federal governments.

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Popular sovereignty

People get to decide the type of government. A government that derives its authority from the consent of the governed, where the people hold supreme power.

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Checks and balances

A system that divides power among the three branches of government to prevent any one branch from becoming too powerful.

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Republicanism

A representative democracy where power is held by elected officials for a limited time (not handed down generationally), emphasizing the role of the people.

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Preamble

The introduction to the Constitution that outlines its purpose and goals.

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Six stated purposes of government

To form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote general welfare, and secure blessings of liberty.

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Congress

The umbrella term for the Legislative Branch, which includes the Senate and the House of Representatives.

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Senate

Composed of two representatives from each state, part of Congress.

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House of Representatives

Composed of representatives based on state population, part of Congress.

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Primary function of Congress

To make laws

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Qualifications for House members

Must be 25 years old, a resident of the state served, and a U.S. citizen for at least 7 years.

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Qualifications for Senate members

Must be 30 years old, a resident of the state served, and a U.S. citizen for at least 9 years.

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Term length for House members

2 years with no limit.

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Term length for Senate members

6 years with no limit.

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President of the Senate

The Vice President, who votes in case of a tie.

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Powers granted to Congress

Include making laws, declaring war, impeaching federal officers, approving treaties, and consenting to presidential appointments, regulate trade, army and navy, impose taxes.

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Powers denied to Congress

Include writ of habeas corpus (preventing right to a court), bill of attainder (no punishment w/o trial), and ex post facto laws (no punishment for a crime that was legal when committed).

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Elastic clause

Allows the government to make laws necessary to enforce the Constitution, named for its flexibility. If this power is taken to far, people will rebel.

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Powers denied to states

Include forming alliances, declaring war, coining money, and imposing duties on imports/exports.

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Who must approve Bills?

Both houses of Congress must approve a bill for it to become law.

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Members of the Executive Branch

Include the President, Vice President, and Cabinet.

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Primary function of the Executive Branch

To enforce laws.

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Qualifications to be President and VP

Must be 35 years old, a natural-born citizen, and a resident of the US for at least 14 years.

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Presidential term length

Maximum of two 4-year terms.

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Determining electors

Each state has electors equal to its number of senators and representatives.

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Electors needed to win presidency

270 electoral votes.

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Election Day

The Tuesday after the first Monday in November.

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Executive powers

Commander in Chief, conducting foreign affairs, making treaties, appointing federal judges, and granting pardons.

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Can a Vetoed bill be approved

Yes, it can become law with 2/3 approval from both the Senate and House.

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Members of the Judicial Branch

Include the Supreme Court and other federal courts (created by congress).

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Primary function of the Judicial Branch

To evaluate laws and their constitutionality.

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Supreme Court judges' term

Serve for life to reduce corruption and bias.

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Article IV topic

States' relations and responsibilities.

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Full Faith and Credit

States must recognize and respect the acts, records, and judicial proceedings of other states. They must also be open to the happenings within their own state.

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Privileges and Immunities

Citizens of one state have the same rights as those in another state, preventing discrimination.

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New state admission limitation

A new state cannot be formed within a preexisting state.

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Amendment approval fraction in Congress

2/3 of both houses.

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State approval fraction for ratifying an amendment

3/4 of the states.

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Supremacy Clause

The Constitution is the supreme law of the land in case of conflict between laws.

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Writ of habeas corpus

Right to a court/trial

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Bill of attainder

No punishment without trial

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Ex post facto

No punishment for a crime that was legal when committed.

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How many states had to originally ratify the constitution for it to become a law

9

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1st Amendment

Civil Liberties (Religion, speech, press, assembly, petition)

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2nd Amendment

Right to bear arms

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3rd Amendment

No quartering of troops

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4th Amendment

No unlawful searches and seizures

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5th Amendment

Due Process of Law (prevents self- incrimination, ppl being tried for the same crime twice, can’t witness against yourself, gov has to give just compensation for taken land)

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6th Amendment

Rights of the Accused (speedy and public trial, impartial jury, be informed of crime, can cross-examine, have time to gain witnesses, have counsel for defense).

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7th Amendment

Trial by Jury in Civil Case (cases over $20 will be heard)

civil case: doesn’t involve jail time and only 7 jurors have to agree

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8th Amendment

Cruel and Unusual Punishment (no excessive bail or fines, nor cruel and unusual punishment).

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9th Amendment

Other Rights Retained by the People

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10th Amendment

Limited Government (rights not given to the federal government nor prohibited to state government will go to the states or people)

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13th Amendment

Abolish Slavery

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14th Amendment

Citizenship/Equal Protection Under the Law

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15th Amendment

Right for African Americans to vote.

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19th Amendment

Right for women to vote

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26th Amendment

Right to Vote at 18.

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write the 1st amendment in order

religion, speech, press, assembly, petition

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Congress has the sole power to make laws on all of the following except...

1.) regulating trade

2.) Maintaining Army and Navy

3.) Regulating the sale of Guns

4.) Establishing Post offices

3.) Regulating the sale of Guns

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In addition to being the Chief Executive of the U.S., the President is also the...

Commander in Chief of the Armed Forces

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The government can't contain you without bringing you to court and showing a valid reason for detention, this is called:

Writ of Habeas Corpus

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The government cannot declare someone guilty of a crime without a trial, this is called...

Bill of Attainder

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Who has the power of impeachment

The House of Representatives

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This body can override the President’s veto by a two-thirds vote

Congress