Overview of Federalism and the Constitution

Flashcards covering key concepts in Federalism, the Constitution, and the amendments.

What is Federalism?

Federalism is a form of government in which the central government shares power with regional and state governments

What is a self-evident truth?

A self-evident truth is something that is blatantly true, so that it doesn’t need proof to show that it is true.

Define inalienable rights.

Inalienable rights are fundamental rights that cannot be taken away or surrendered, such as life, liberty, and the pursuit of happiness.

What is the purpose of government according to the Declaration of Independence?

The purpose of government is to secure inalienable rights.

What does it mean for government to be limited?

It means people have the right to abolish laws and change the government if their inalienable rights aren’t being met.

What is popular sovereignty?

Popular sovereignty is the idea that government authority comes from the people it governs.

What are checks and balances?

Checks and balances is a system in which power is divided into branches, allowing each branch of government to limit or influence the others.

What is Republicanism?

Republicanism is a representative democracy where people elect representatives and a lot of power is held by the public.

What is the preamble of the Constitution?

The preamble is the introduction to the Constitution that states its purpose and goals.

What are the six stated purposes of government?

The six purposes are to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote general welfare, and secure the blessings of liberty.

What is Congress?

Congress is the legislative branch of government, made up of the House of Representatives and the Senate.

What is the difference between the Senate and the House of Representatives?

The Senate represents states equally, while the House represents states based on population.

What are the primary functions of Congress?

The primary function of Congress is to create laws.

What are the qualifications to be a member of the House of Representatives and Senate?

Members must be 25 years old, citizens for at least 7 years, and inhabitants of the state they represent. The Senate members must be 30 years old, citizens for at least 9 years, and inhabitants of the state they represent.

How long do House members and Senate members serve?

House members serve for 2 years and Senate members serve for six.

Who is the president of the Senate? When does he/she vote?

The president of the Senate is the vice president of the United States. He has no vote unless the Senate is equally divided.

What are some of the powers granted to Congress?

Some of the powers granted to Congress are the power to tax, regulate commerce, coin money, declare war, raise and support armed forces, and establish lower federal courts. 

What is the elastic clause?

The elastic clause allows Congress to make any laws necessary to carry out the powers of the Constitution.

What powers are denied to Congress? Describe them. 

Powers denied include habeas corpus(requires people in custody to be brought before a judge so that they aren’t in jail without cause), bill of attainder(a law that punishes a specific person or group of people for a crime without a trial), and ex post facto laws(a law that makes an action illegal that was legal when it was committed or increases the punishment for a past crime). 

What does the Constitution say about state powers?

States cannot make treaties, coin their own money, or create ex post facto laws.

Do both houses have to approve a bill for it to become a law?

Yes, both houses have to approve a bill for it to become a law.

What is the role of the executive branch?

The executive branch approves and carries out laws.

Who makes up the Executive branch?

The executive branch is made up of the president, the vice president, the cabinet, the Executive Offices of the President, and executive departments.

What are the qualifications to be president?

A president must be a natural born citizen, have resided in the U.S. for 14 years, and be at least 35 years old.

How long does the President serve?

The president serves for 4 years.

How are electors determined in the Electoral College?

The electors are determined in the Electoral College by the number of representatives and senators in a state.

How many electors do you need to become president?

You need 270 electoral votes to become president.  

What day is Election Day?

Election day is the next Tuesday after the first Monday in November. It always falls between November 2nd and November 8th.

What are some executive powers?

Powers include being commander-in-chief of the armed forces, making treaties, and filling Senate vacancies. /Veto and sign bills, make treaties with the approval of congress, grant pardons, enforce laws congress passes

If a President vetoes a bill, can it still become a law? If yes, how?

If the president vetoes a bill, it can still become a law if Congress overrides the veto. 

What is the primary function of the judicial branch?

The primary function is to interpret laws.

Who makes up the Judicial branch?

The courts that make up this Branch are the Supreme Court, the Court of Appeals, and other district courts.

How long do Supreme Court judges serve? Why?

Supreme Court judges serve for life, so they can make decisions without any political pressure or fear of being removed for their ruling.

What is the topic of Article IV?

Article IV addresses the relationship between states and the federal government.

What are some of the responsibilities between the states? (Full Faith and Credit/Privileges and Immunities)

Some of the responsibilities are that each state has to respect and recognize the laws, records, and court decisions of other states (full faith and credit). Additionally, states can't treat people from other states unfairly compared to their own citizens, and all are entitled to the basic rights; essentially, they can’t discriminate against you if you’re from another state (privileges and immunities).

What limitations are put on admitting new states to the Union?

The only limitation on admitting new states to the Union is that no state can be made within an existing state or by combining them. 

What fraction of the houses of Congress is necessary to approve a proposed Amendment?

Two-thirds of Congress is necessary to approve a proposed amendment.

What fraction of the states must approve a proposed amendment for it to be ratified?

Three-fourths of the states must approve a proposed amendment for it to be ratified. 

What does the Constitution say about which law shall predominate if there is any conflict between laws?

The Constitution states that the laws in the Constitution are the supreme law of the land and shall prevail over state laws. 

What is required for a proposed amendment to be ratified?

Three-fourths of the states must approve a proposed amendment.

What basic civil liberties are guaranteed by the First Amendment?

The five basic civil liberties are freedom of religion, speech, press, assembly, and petition.

What does the Second Amendment provide?

The Second Amendment grants people the right to keep and bear arms.

third amendment

The third amendment states that the government cannot force citizens to house soldiers in time of peace nor in time of war unless done in a legally defined process. 

fourth amendment

The Fourth Amendment protects people from unlawful searches and seizures of their persons, houses, papers, and effects. This means that officials must have a warrant based on probable cause, and it must be specific. 

What does the Fifth Amendment ensure?

It ensures that a person cannot be deprived of life, liberty, or property without due process of law(the government must follow fair procedures and laws before taking away your life, liberty, or property.)

What rights does the Sixth Amendment give to the accused?

The right to a speedy and public trial, an impartial jury, to be informed of charges, to confront witnesses, to call witnesses, and to have a lawyer.

seventh amendment

The Seventh Amendment gives people the right to have a trial by jury in civil cases, in federal courts, and limits the judges' ability to overturn the jury's decision.

What does the Eighth Amendment prohibit?

It prohibits cruel and unusual punishment and excessive bail + fines.

ninth amendment

The Ninth Amendment states that we have rights that aren’t explicitly stated in the Constitution, and the government can’t take those rights away.

tenth amendment

The powers/laws that aren’t delegated by the Constitution can be delegated by the states. (ends Bill of Rights ratified in December of 1791). 

What is the purpose of the 13th Amendment?

The 13th Amendment abolished slavery and was ratified in December of 1865.

What does the 14th Amendment provide?

It grants citizenship to all born or naturalized in the U.S. and ensures equal protection under the law. (Ratified 1868)

What did the 15th Amendment address?

It prohibits denying the right to vote based on race, color, or previous condition of servitude. (ratified 1870)

What does the 19th Amendment state?

The 19th Amendment prohibits denying the right to vote based on gender. (ratified 1920)

What change was made by the 26th Amendment?

The 26th Amendment lowered the voting age from 21 to 18. (ratified 1971)