Unit 3 American Gov Review Guide

American Gov unit 3 topics and definitions

What is the Constitution and its purpose?

The Constitution establishes the framework for all of the main parts of the government and defines its powers.

Preamble - What is it? What does it do?

The preamble is the introductory statement in the Constitution. It states who the power of the government goes to and states the purpose of the Constitution.

Articles - What are they? How are they organized?

They are the main articles in the Constitution and there are 7 of them. They are organized by category.

Legislative

Executive

Judicial

Relations among states

Amendments

Public Debts supremacy of national law and oaths

Ratification of the Constitution

Amendments purpose? How many? What is the process?

The purpose of the Amendments are to make formal changes to the Constitution. There are 27 of them. The process requires the participation of both Congress and the States.

Why was the Bill of Rights created?

The Bill of Rights was created to guarantee the rights of individuals since there wasn’t anything explicitly stated in the Constitution about them.

1st Amendment

The freedom of speech, press, religion, assembly, and petition.

2nd Amendment

The right to bear and keep arms.

3rd Amendment

Prevents soldiers from taking over people’s homes during peacetime/war unless authorized by law.

4th Amendment

Prevents unreasonable searches or seizures.

5th Amendment

Protects the rights of those accused, double jeopardy, due process

6th Amendment

Provides the right to a quick and speedy trial.

7th Amendment

Provides the right to a trial by a jury in civil suits.

8th Amendment

Prohibits excessive bail, prohibits cruel/unusual punishment.

9th Amendment

Protects people’s rights that aren’t specifically listed in the Constitution.

10th Amendment

Grants to the states/people powers that aren’t specifically listed in the Constitution.

What is due process?

Due process is the right that requires the government to act fairly and respect all legal rights of a person.

6 Principles of the Constitution - Popular Sovereignty

Power to the people… the will of the people. Ex - “We the people'“

6 Principles of the Constitution - Rule of Law

People/government to abide by a system of laws. Ex - The Constitution shall be the supreme law of the land. The Senate must ratify all treaties made by the President.

6 Principles of the Constitution - Checks and Balances/Separation of powers

Divides the powers among the 3 branches. Ex - Executive, Legislative, Judicial. The President is responsible for executing, enforcing, and administering the law.

6 Principles of the Constitution - Federalism

Division of power between states/federal government. Ex - Dispute over marijuana between the federal government and the states. Edu across the states.

6 Principles of the Constitution - Independent Judiciary

Protects against abuse of power, supports the rule of law. Ex - Merit based appointments, judicial review to strike down unlawful government actions. This practice was established during Marbury vs. Madison in 1803.

6 Principles of the Constitution - Individual rights

Protecting the rights of individuals… led to the creation of the Bill of Rights. Ex - 1st Amendment

Amending the Constitution - What are the four ways?

Most common method - 2/3 vote in both houses of Congress.

Supremacy Clause

Whenever Federal and state law conflict, the federal law prevails.

Judicial Review

Affirms the Court’s power to declare acts of Congress unconstitutional.

Precedent

A legal principle or rule established in a previous court case or government action that acts as a guide for deciding similar cases in the future.

Social Contract Theory

The idea that society exists because of agreed upon standards that provide morals and political guidelines for behavior.

Marbury v Madison - What was it about? What were its impacts?

It was about Thomas Jefferson getting rid of the federal judges appointed by former President Adams. Marbury sued Madison but lost because the Judiciary Act was unconstitutional since it gave the courts greater power than the Constitution allowed. It was impactful to the Constitution since it created judicial review; Congress can't pass laws that override the Constitution.

Brown v Board of Education - What was it about? What were its impacts?

It was about segregation in schools. From the previous court case of Plessy vs. Ferguson, where it was ruled that “separate but equal” was constitutional, this court case overturned it. It ruled that segregation in schools was inherently unequal. Its impacts last into the way schools are now with integration of all students.

Declaration of Independence - What was it? Purpose?

It was the document that secured the Colonies’ independence from the British to no longer be a branch of the empire. Its purpose was to declare the independence of the colonies.