Chapter 4: Constitutional Law

Where did George Washington live?

Mount Vernon

Where was Thomas Jefferson’s house?

Monte Chello

What are the two key American founding documents?

1. U.S. Constitution

2. Declaration of Independence

Facts about the Declaration of Independence

1. Was written July 4th, 1776

2. List of grievances

3. Declares independence

4. Vision statement

   1. “hold these truths to be so evident”

What is the U.S. Constitution?

The supreme law of the land; Lays out the rules of the political system and Bill of Rights guarantees freedoms the government can’t infringe on

Facts about the U.S. constitution

The first three words are “we the people”

A concise document

What are the three branches of government?

1. Legislative

   1. longest article

   2. 100 senators, 435 house members

2. Executive

3. Judiciary

   1. 1 supreme court - 9 justices

   2. judges get life tenure for “good behavior”

What are the different qualifications to become a U.S. citizen?

1. Born on U.S. soil (natural born)

2. Through parents (natural born)

3. Naturalized

T/F: Congress has the power to declare war.

True

How many supreme courts and inferior courts are allowed?

Only one supreme court is allowed and as many inferior courts as allowed.

What is Interstate commerce?

Commerce between and among the states, a federal power according to the Constitution Article 1, Section 8.

What is Intrastate commerce?

Commerce within the state, a state power.

What is Eminent Domain?

Power of government to take private property for public use upon payment of fair compensation.

What are some facts about eminent domain?

• The U.S. Constitution requires just compensation.

• Controversial use of the power is taking from one private party and giving it to another in the name of economic development.

What is the Bill of Rights?

The First 10 Amendments, only applicable to the federal government only.

The First Amendment

Free religion, protest, and speech (peacefully).

The Second Amendment

The right to bear arms.

The Third Amendment

Soldiers can’t barge into your house without consent during war.

The Fourth Amendment

No unlawful seizures of property.

The Fifth Amendment

Right to remain silent.

The Sixth Amendment

Right to council (lawyer).

The Seventh Amendment

The right in civil cases

The Eighth Amendment

No excessive bail

The Ninth Amendment

Other rights kept by the people

The Tenth Amendment

Undelegated powers kept by the states and the people

What are the two categories of the First Amendment?

1. Freedom of speech

2. Commercial speech

What is commercial speech?

• Protected speech

• Must be about lawful activity

• Must not be false or misleading

• Cease and desist

What is the Supremacy Clause?

Article VI, Clause 2 of the U.S. Constitution; federal laws made under authority of the Constitution are the supreme law of the land.

What is living under a system of dual sovereignty?

State governments and the federal government are both sovereign within the U.S. system, each level of government has its own source of authority.

Which article and section lists the powers of the Congress?

Article 1, Section 8

Do corporations have first amendment rights?

Yes

Which constitutional power has enabled the federal government to establish extensive regulation of the national economy?

Congress