American Government The Constitution Test

1st

Guarantees the right to the freedoms of speech, press, religion, petition, and assembly.

2nd

The right to bear arms.

3rd

Citizens cannot be forced to quarter soldiers during times of peace.

4th

Citizens cannot be forced to subject themselves to search and seizure without a search warrant and probable cause.

5th

Prohibits abuse in legal procedures by setting rules for self-incrimination, double jeopardy, & eminent domain.

6th

Guarantees a fair & speedy public trial, notice of accusations, subpoenas, and right to counsel.

7th

Reserves individuals’ rights to jury trial depending on the civil case.

8th

Forbids bail, fines, and punishment that is cruel or unusual.

9th

Unenumerated rights; citizens have rights beyond what is written in the Constitution.

10th

Reserves powers that are not given to the U.S. government under the Constitution to the State.

11th

State sovereign immunity. States are protected from suits by other states.

12th

Clarifies the procedure for electing presidents & vice presidents with separate electoral ballots.

13th

Abolished slavery.

14th

Involves the equal protection clause, due process clause, citizenship clause, etc. All are citizens regardless of race.

15th

Reserves citizens the suffrage rights regardless of their race, color, or previous slave status.

16th

Reserves the U.S. Government the right to tax income.

17th

Establishes popular voting as the process under which senators are elected.

18th

Denies the sale and consumption of alcohol.

19th

Reserves women’s suffrage rights.

20th

“Lame duck amendment,” establishes the start date of terms for Congress (January 3) & the President (January 20).

21st

Details the repeal of the Eighteenth Amendment. State laws over alcohol are to remain.

22nd

Limits the President to two terms of service.

23rd

Reserves the right of citizens residing in the District of Columbia to vote in elections.

24th

Citizens cannot be denied the suffrage rights for not paying a poll tax or any other taxes.

25th

Establishes the procedures for a successor of a President.

26th

Reserves the rights of citizens 18 and older to vote.

27th

Denies any laws that vary the salaries of Congress members until the beginning of the next terms of office.

Federalist Papers

series of essays defending the Constitution

Preamble

statement of purpose

Federalism

a system of government in which a written constitution divides power between a central, or national, government and several regional governments like States

Delegated / Exclusive Powers

those powers, expressed, implied, or inherent, granted to the National Government by the Constitution

Expressed / Enumerated Powers

those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the “enumerated powers”

Implied Powers

those delegated powers of the National Government that are suggested by the expressed powers set out in the Constitution; those “necessary and proper” to carry out the expressed powers

Inherent Powers

powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community

Concurrent Powers

those powers that both the National Government and the States possess and exercise

Reserved Powers

those powers that the Constitution does not grant to the National Government and does not deny to the States

Supremacy Clause

a provision of the U.S. Constitution that states that the Constitution, federal laws, and treaties of the United States are the “supreme Law of the Land”

Full Faith and Credit Clause

Constitution’s requirement that each State accept the public acts, records, and judicial proceedings of every other State

Privileges and Immunities Clause

Constitution’s stipulation that all citizens are entitled to certain “privileges and immunities,” regardless of their State of residence

Necessary and Proper Clause / Elastic Clause

the final clause of Article 1, Section 8 in the Constitution, which gives Congress the power to make all laws “necessary and proper” for executing its powers

Establishment Clause

part of the 1st Amendment of the Constitution that guarantees the separation of church and State

Commerce Clause

congress regulates trade

Due Process Clause

part of the 14th Amendment which guarantees that no State deny basic rights to its people

Free Exercise Clause

the second part of the constitutional guarantee of religious freedom; guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion

Extradition Clause

a criminal in one state, found in another, will be returned to the state where the crime was committed

Equal Protection Clause

all U.S. citizens should be equally protected by laws both state and federal

Take Care Clause

the President shall take care that the laws be faithfully executed

Amendment

a change in, or addition to a constitution or law

Ratification

formal approval or final consent to the effectiveness of a constitution, constitutional amendment or treaty

Framers

group of delegates who drafted the United States Constitution at the Philadelphia Convention in 1787

Constitutional Convention

where the constitution was made

The 3/5th Compromise

an agreement reached at the Constitutional Convention that a slave would be counted as three-fifths of a person when counting the population of a State

Who is considered the father of the Constitution?

James Madison

What are the 3 structural sections of the Constitution?

Preamble, Articles, Amendments

Who were the three authors of the Federalist Papers?

James Madison, Alexander Hamilton, John Jay

Who were the Anti-Federalists versus the Federalists? List 3 facts about each side.

The Federalists wanted the constitution ratified. Three facts: supremacy of the National Government, more power to be given to the National Government to address the Articles of Confederation weakness, and they wrote the Federalist Papers.

The Anti-Federalists wanted the constitution to not be ratified. Three facts: supremacy of State Governments, Bill of Rights to protect citizens from the National Government, against necessary & proper clause and supremacy clause.

What was given to the Anti-Federalists to appease them into ratifying the Constitution?

The Bill of Rights

Where was the Constitution written (event, city, state)?

Philadelphia, Pennsylvania at the Constitutional Convention

Why was the Constitution written?

The articles of confederation failed.

What are the 5 basic principles of the Constitution? Define Each.

Popular Sovereignty: government power resides in the people

Limited Government: government is not all powerful, can only do what the people let it

Separation of Powers: the executive, legislative, and judicial powers are divided among three independent and coequal branches of government

Checks and Balances: helps prevent one branch from being all powerful

Federalism: division of power among national and state government

Where do local governments get their powers from according to the Constitution?

The State

Why do the national and state governments share some powers but not others?

checks & balances and separation of powers

What is an example for each of the following powers: inherent, expressed, and implied?

Inherent: border security

Expressed: taxation

Implied: creation of national bank

What is an example of each of the following powers: reserved, exclusive, and concurrent?

Reserved: 10th Amendment

Exclusive: declaring war

Concurrent: taxation

How is a constitutional amendment proposed? How would it be ratified?

Congress or States can amend. Amendments are proposed by ⅔ of the house and senate or by ⅔ of the states. Amendments must be ratified by ¾ of state legislatures or by conventions in ¾ of states.

What are the advantages and disadvantages of federalism?

Pros: checks and balances, division of labor, united effort to emergencies and natural disasters, better governance due to competition

Cons: conflict between national and state, inequalities between states in policy, lack of accountability

What are 5 examples of federalism in the Constitution?

National, State, and Local Governments

3 branches of government

Amendments 9 and 10

Articles 4 and 6

Reserved, Exclusion, and Concurrent Powers

What are the 7 Articles of the Constitution in the correct order?

Legislative Branch, Executive Branch, Judicial Branch, The States, Amendment Process, Federal Supremacy, Ratification

What is one new fact learned about each of the 3 branches of government from the 7 Articles?

Legislative Branch: the house of representatives is based on population

Executive Branch: elected by the electoral college

Judicial Branch: supreme court judges serve for life unless impeached

What was the difference between the Virginia Plan and the New Jersey Plan? What was the Great Compromise?

The Virginia Plan favored larger states, based on population but the New Jersey Plan favored smaller states and wanted equality. The Great Compromise was a hybrid of both the Virginia and the New Jersey Plans.

What are the 6 categories each amendment can fall into? Define each.

Bill of Rights: created to make the anti-federalists happy, so it gives more rights to the people and state

Reconstruction Era: giving rights towards African Americans

Progressive Era: a time period of great change and social activism

Extension of Suffrage Rights to Disenfranchised: amendments that are helping people of the inferior classes

Presidency and Electoral College Modifications: new rules made for presidents and their elections

Unique Historical Circumstances: amendments that were randomly created that don’t fit into any other categories

Which amendments fit into each of the categories and why?

Bill of Rights: 1-10, all benefiting the people and the state to give the national government less power

Reconstruction Era: 13-15, they all deal with rights for African Americans and the time after the Civil War

Progressive Era: 16-19, they all make big changes for the people

Extension of Suffrage Rights to Disenfranchised: 15, 19, 24, 26, all pertaining to benefiting the inferior classes like women, children, poor people, and African Americans

Presidency and Electoral College Modifications: 12, 20, 22, 23, 25

Unique Historical Circumstances: 11, 21, 27, these amendments don’t fit into any categories