Government 3.2 & 3.3 (copy)

Im not gonna lie, half this stuff prob not on the quiz, I didn't know what to base off without a study guide :/

Six goals of the constitution

Form a more perfect union

Establish justice

Ensure domestic tranquility

Provide for the common defense

Promote the general welfare

Secure the blessings of liberty

List and explain the six basic principles of the Constitution.

Popular Sovereignty

Judicial Review

Limited Government

Separation of Powers

Checks and Balances

Federalism

Federalism

It is debated because people disagree about how power should be divided between the national and state governments.

Jefferson vs. Madison:

Jefferson wanted each generation to revise the Constitution. Madison believed changes should be made carefully to maintain stability.

Document for all time

The Constitution has lasting principles but can adapt through amendments and interpretation.

Amendment process

An amendment is proposed by two-thirds of Congress or a national convention and ratified by three-fourths of the states.

Types of amendments

Amendments protect rights, expand voting rights, abolish slavery, change elections, and adjust government powers.

Three branches

Congress makes laws, the President enforces laws, and the courts interpret laws and the Constitution.

Describe the impact of political parties, customs, and traditions on the application

of the Constitution.

Political parties, customs, and traditions change how government operates without formally amending the Constitution.

Discuss the various criticisms some people have made of the Constitution.

Some criticize the difficult amendment process, Electoral College, unequal Senate representation, vague wording, and the power of unelected judges.

Outline

Legislative Branch (Article 1, Section 8)

Enumerated powers

The final enumerated power is called elastic clause

Executive Branch (Article 2 section 2&3)

President is head of this branch

15 executive departments

Judicial Branch (Article 3)

Establishes federal court system

Marbury vs Madison (first exercised judicial review)

The federalist No. 78 - discuss power of judicial review

Constitution facts

The Constitution is an enduring document that has the ability to grow and

change over time.

The Constitution has been amended 27 times. The first 10 amendments are

known are known as the Bill of Rights

Amending the constitution

The amendment process allows the Constitution to be adapted as times change.

• Amendments may be proposed by a two-thirds vote in the House and Senate or by

two-thirds of the states asking for a convention.

• A proposed amendment must be ratified by three-fourths of the state legislatures or

by three-fourths of the states through ratifying conventions.

• Congress sets a time limit within which ratification must be completed.

• Of the more than 11,000 proposed amendments, only 27 have been ratified.

Bill of Rights

Bill of Rights

• Through the incorporation doctrine, almost all the provisions of the national Bill of

Rights have been incorporated into the States by Court cases.

• The First Amendment guarantees basic freedoms, the Second Amendment ensures

the right to security, and the Third and Fourth protect the homes and privacy of

citizens.

• The Fifth, Sixth, Seventh and Eighth Amendments protect people accused of

crimes.

• The Ninth Amendment states that rights not named are kept by the people, and the

Tenth says that powers not given to the federal government belong to the states or

the people.

Formal vs Informal Amendments

An official change or addition to the Constitution through the amendment process. Example: The 19th Amendment gave women the right to vote.

A change in how the Constitution is interpreted or applied without changing its written text. Example: Political parties and presidential Cabinet traditions.

Supreme Court Cases

Marbury v. Madison (1803): Established judicial review, the power of the courts to declarelaws unconstitutional.

b. McCulloch v. Maryland (1819): Confirmed that Congress has implied powers under the Constitution andthat states cannot interferewith valid federal laws. This strengthened the power of the national government.

Convention

A meeting held for the purpose of proposing and voting on amendments

Repealed

To revoke by legislative enactment

Desecrating

To treat disrespectfully

Incorporation Doctorine

The adding of the Bill of Rights protections into the states through court decisions

Establishment Clause

Prohibits Congress from establishing a national religion, is called the Establishment Clause

Free Exercise Clause

Congress cannot prevent people from practicing their religion

Militia

Local group of armed citizens

Probable cause

A reasonable basis to believe a person or premises are linked to a crime

Eminent domain

the power of government to take private property for public use

Plessy vs Ferguson

The Supreme Court ruled that separate but equal facilities for African Americans did not violate the Constitution

-Privileges and Immunities (Article IV Section 20)

Constitution’s stipulation (Article IV, Section 2) that all citizens are entitled

to certain “privileges and immunities,” regardless of their State of

residence; no State can draw unreasonable distinctions between its

own residents and those persons who happens to live in other states.

Illegal to discriminate of citizens of other states

Traveling to a new state and store doesn’t let you buy stuff because you are not from that state. (Increased taxes)

Exceptions to Privileges and Immunities

-Hunting in different states can charge you a fee

-Out of state tuition rates

Full Faith and Credit (Article IV Section 1)

The Constitution’s requirement that each state accept the public acts,

records, and judicial proceedings of every other State

Ex:Public acts and credit must be accepted by other states

Driving in any state

Married in any state

Extradition (Article IV Section 2)

Cannot escape fines or being sued by going to another state

Cabinet

15 executive departments serve as president’s cabinet

Marco Rubio

Secretary of State (State Department, deals with relationship and diplomacy with all the countries around the world

McCulloch v Maryland (1819)

States cannot tax or interfere with the federal government (national)

The Supremacy Clause

The Supremacy Clause

  U.S Constitution

    Acts of Congress Treaties

      State Constitutions

       State Statutes

        City and Country Charters and Ordinances