History Test 2: The Constitution

What is a Limited Government?

Limits the government/the powers that the government holds. Also protects freedoms such as the ones stated in the first amendment.

What is Federalism?

Splits the government into two parties consisting of the federal and state government. Holding power but neither having more than the other. Anything that isn’t listed in the constitution is otherwise owned by the state gov.

What is Republicanism?

Also referred to as representative democracy. But isn’t direct democracy. People elect representatives to govern. Positions such as senators, governs, and presidential positions are elected for.

What is (the) Due Process of Law?

People cannot be put into jail, also stating that criminals have rights but must fare a jury/judge with a lawyer present. Good examples of this are the 5th and 6th amendment.

What are Checks and Balances?

A three branch system where power is split into these three branches:

1.) Judicial

2.) Executive

3.) Legislative
Each having different powers to check/limit each other from abusing the power and to work together as a party. Laws can not be passed alone by these branches but instead have to be passed by the president.

What is Popular Sovereignty?

Where the rule/power is by the people. This ideation comes from the enlightenment as well. Elected officials hold power but the power is from the people. The first line of the constitution is “We the people” insinuating that the people rule.

What is Article One?

this deals with congress, the party that passes laws. Contains two chambers:

1.) House of Representatives

2.) Senate

What is Article Two?

Deals with the executive branch. President, departments, and agencies. Executive enforces the law.

What is Article Three?

Deals with the Judicial Branch, that deals with the law. This means every law in the US has to follow the constitution exactly.

What is Article Five?

This is the process to amend the constitution.

1.) Starts with a proposal that must have 2/3’s majority vote from both the house of reps. and the senate to approve of this.

2.) If first step succeeds, it must how get 3/4’s majority vote from the state, which will chose to ratify or veto the amendment.

What is Article Seven?

“The constitution… shall be the supreme law of the land”. Meaning that the supremacy of the US has to abide by the constitution

What is the First Amendment?

Protects freedoms such as:

1.) Speech

2.) Assembly

3.) Press

4.) Religion

5.) Petition

And also protects the freedom of expression.

What is the Second Amendment?

Protects the rights to keep and bare arms. Or to wield a firearm.

What is the Third Amendment?

Prevents the government from forcibly quartering soldiers in a citizens home.

What is the Fourth Amendment?

The police cannot forcibly enter/break into anybody’s house without probable cause that converts to a warrant in front of a judge.

If this is broken, the evidence found from the unreasonable search will be disregarded in a future court case.

What is the Fifth Amendment?

“I plead the fifth”.

To prevent self incrimination. Or to prevent you from incriminating yourself. Police or officials cannot force you to say anything that will incriminate yourself and make you look guilty.

What is the Sixth Amendment?

Involves criminal law that protects criminal rights. To have the right to an attorney, and the right to a speedy public trial.

What is the Eight Amendment?

Government may NOT impose “cruel and unusual punishments” Examples such as juvenile death penalty, or the death penalty as a whole.

What is the Ninth Amendment?

If the constitution doesn’t state a certain freedom that could fall under one of the amendments, doesn’t mean that it isn’t covered by the constitution.

What is the Tenth Amendment?

What is listed in the constitution belongs to the federal government and anything else that isn’t stated in the constitution belongs to the state government. This is to prevent federal government from having full control.

What was the Virginia Plan?

Due to Virginia having a larger population of people, they opted to do voting by population. Benefiting them because of their larger population.

What was the Delaware Plan?

Delaware opted having an equal representation because they had a far smaller population so choosing representatives would be better for them.

What was the Connecticut Plan?

Also referred to as “The Great Compromise” was a way to accomidate both plans while making the system more fair for all. Splitting into two chambers:

1.) The House of Representatives

2.) The Senate

• The House of representatives would population based, working like the Virginia plan

• The Senate worked by electing two senators per state and having them represent. Following accordingly to the Delaware Plan.

What was the 3/5’s Clause?

Due to slaves being a large part of the population in the south, that factor was going to be used to the southerners advantage because having more people worked in the their favor. So the 3/5’s clause would state that slaves would count as 3/5’s of a person in population. That way the population isn’t enlarged due to slaves.

What was the Fugitive Slave Clause?

If a free state that prohibited slavery took in escaped slaves, that would be deemed unconstiittutional. This was to prevent other states that didn’t support slavery from creating a safe haven for the salves to flee to.

What was The Slave Trade Clause?

Prohibits congress to ban an international slave trading system until 1808. However does not state anything regarding domestic slavery.