Constitution Review

Review of the Constitution for Thursday quizzes

6th

The right to have an attorney help in defending against a criminal charge is due to this amendment

1st

The separation of church and state is a guarantee in this amendment

1st

This amendment protects religious freedom

6th

Rights of an accused person at trial can be found in this amendment

Constitutional principles

* Checks & balances
* Federalism
* Separation of powers
* Limited government
* Republicanism

Checks & balances

ensuring political power is not concentrated in any one individual or group

Federalism

the division & sharing of power between the national & state governments

Separation of powers

the division of a state’s government into branches with separate / individual powers

Limited government

a government whose powers may only extend to a certain extent, key concept in liberalism

Republicanism

emphasizes the participation of citizens for the common good of the community

Preamble

the introduction to the Constitution

Constitutional goals

* Perfect union
* Domestic tranquility
* General welfare
* Establish justice
* Common defense
* Blessing of liberty

Article I

this article defines the supremacy of the people through the creation of the House of Representatives and the Senate (legislative branch)

Article II

this article defines the executive branch to enforce the law, and creates the President and Federal Bureaucracy

Article III

this article defines the judicial branch to interpret and define the law, and creates the Supreme Court. Acts as the final authority of the Constitution

Article IV

this article defines relations between the states, also includes the “full faith & credit clause”

Article V

this article outlines the process for amending the constitution

Article VI

this article contains the Supremacy Clause, which states the Constitution as the supreme law of the land

Article VII

this article ratified the Constitution

The 2 ways a Constitutional Amendment can be proposed

1. By 2/3 vote in both house of Congress
2. Constitutional convention called by Congress on petition of 2/3 of the 50 states

Constitution convention

a method of proposing a Constitutional Amendment that has never been used

The 2 ways a Constitutional Amendment can be ratified

1. 3/4 of the state legislatures
2. 3/4 of special constitutional conventions called by the 50 states

Once - 21st Amendment

how many times has a special Constitutional convention called by the states ratified a

1st Amendment

Freedom of expression

2nd Amendment

Right to bear arms

3rd Amendment

No soldier should be quartered in any civilian’s home

4th Amendment

Bans search & seizures with probably cause / warrant

5th Amendment

“Due Process Amendment” - the fair treatment of a person by the legal system

6th Amendment

“Rights of the Criminally Accused”

* Rights to a fair trial

Fair Trial Components

* Public
* Speedy
* By jury
* Be informed of charges against
* Allowed to confront accusing witnesses
* Right to provide witnesses & evidence in defense
* Right to an attorney

6th

The right to an attorney and a fair trial are included in this Amendment

7th Amendment

Rights in a civil trial

8th Amendment

Bails, fines, and punishments

* No cruel & unusual punishment and no excessive bail

9th Amendment

Rights of the people/citizens

* The Constitution is clarifying they do not state every singe right the American people hold

10th Amendment

Power retained by States & People

* The government only has the powers listed in the Constitution

11th Amendment

States cannot be sued in federal court by one of its citizens, a citizen of another state, or by a foreign country

12th Amendment

Election of the President & Vice President

* Use of electoral college to use separate ballots in voting for president and vice president

13th Amendment

Outlawed the practice of slavery

14th Amendment

Originally meant to protect the rights of freed slaves, guarantees equal protection & due process

15th Amendment

No person shall be denied the right to vote because of race

Reconstruction Amendments

13th, 14th, 15th

Odd Amendments

11th, 27th

16th Amendment

Congress can collect income tax

17th Amendment

Created the direct election of Senators by the people of a state

18th Amendment

Made it illegal to sell, manufacture, or transport alcoholic beverages

* “Prohibition”

19th Amendment

The right to vote cannot be denied because of gender

* “Women’s Suffrage”

20th Amendment

“Lame Duck Amendment”

* Outlines when the President takes office & when Congress begins new terms

21st Amendment

Repealed the 18th Amendment, making it legal to sell, manufacture, consume, and transport alcohol

22nd Amendment

The president cannot serve more than two full terms

23rd Amendment

Allows the citizens of Washington D.C. to vote for president & vice president

24th Amendment

Prohibited the use of poll taxes in federal elections

25th Amendment

Presidential disability and succession

* If the president dies or resigns, the vice president takes office
* If the vice president dies or resigns, the president can appoint a replacement

26th Amendment

No one over the age of 18 can be denied the right to vote by virtue of age

27th Amendment

Any pay raise Congress gives its members does not take effect until a new election has taken place

Presidential Amendments

12th, 20th, 22nd, 23rd, 25th

Voting Amendments

15th, 17th, 19th, 24th, 26th

Progressive Amendments

16th, 17th, 18th, 19th, 21st

Checks & Balances

What basic principle of government is expressed when Congress overrides a presidential veto?

Popular Sovereignty

Government principle expressed in “We the People…”

Eminent Domain

The right of the government to take private property for public use

Legislative

Branch of government that makes the laws