Unit 2 Study Guide

US Constitution Article II v. Articles of Confederation

Article II creates the executive branch and president. The Articles had no strong executive branch. The Constitution gave the federal government more power.

Federalism in the cases of McCulloch v. Maryland (1819) and U.S. v. Lopez (1995)

McCulloch v. Maryland strengthened federal power. U.S. v. Lopez limited federal power under the Commerce Clause. Together, the cases show how federalism divides power.

Formal process for amending the US Constitution

An amendment is usually proposed by 2/3 of congress. It must be ratified by ¾ of the states. This makes changing the Constitution difficult.

Any amendments 11-27 impact on people’s rights and examples

These amendments changed voting rights, government powers, and other rights. The 19th Amendment gave women the right to vote. The 26th Amendment lowered the voting age to 18.

US Constitution Article III v. Articles of Confederation

Article III creates the judicial branch. The Articles had no national court system. The Constitution created the Supreme Court and federal courts.

US Senate

Qualifications needed and Term length

30 years old, U.S. citizen for 9 years, resident of the state

Term length: 6 years

US House of Representatives

Qualifications needed and Term length

25 years old, U.S. citizen for 7 years, resident of the state

Term length: 2 years

President of US

Qualifications needed and Term length

Natural-born citizen, 35 years old, U.S. resident for 14 years

Term length: 4 years

How does a veto work? What type of vote is needed to override?

When the president rejects a bill passed by Congress. Congress can override it with a 2/3 majority vote in both the House and Senate.

What is the Free Exercise Clause? What is the Establishment Clause? Where are the both found in the Constitution? How are they different?

Free Exercise Clause protects people’s right to practice their religion. Establishment Clause prevents the government from establishing or favoring a religion. Both are in the First Amendment; Free Exercise portects religious practice, while Establishment limits government involvement in religion.

Mapp v. Ohio

Evidence obtained through unconstitutional searches and seizures generally cannot be used in state courts.

Texas v. Johnson

The Supreme Court rules that burning the American flag is protected expressive conduct under the First Amendment.

US v. Lopez

The Supreme Court ruled that Congress exceeded its Commerce Clause power by making possession of a gun in school zone a federal crime.

Delegated powers

Powers specifically given to the federal government by the Constitution.

Concurrent powers

Powers shared by the federal and state government.

Enumerated Powers

Powers specifically listed in the Constitution, especially those given to Congress.

Full Faith and Credit Clause (Where is it found?)

States must recognize the public acts, records, and court decisions of other states.

Location: Article IV, Section 1.

Reserved powers

Powers kept by the states under the 10th Amendment.

Implied Powers

Powers not directly stated but reasonably inferred from the Constitution.

Selective Incorporation (Incorporation Doctrine)

The process of applying protections in the Bill of Rights to the states through the 14th Amendment.

Necessary and Proper Clause

Gives Congress power to make laws needed to carry out its constitutional powers.

4th Amendment

Protects against unreasonable searches and seizures.

5th Amendment

Protects due process and rights of people accused of crimes.

8th Amendment

Prohibits excessive bail and fines and cruel and unusual punishment.

14th Amendment

-Due Process Clause

-Equal Protection Clause

Provides citizenship, due process, and equal protection under the law.

18th Amendment

Established Prohibition of alcohol.

21st Amendment

Repealed Prohibition.

19th Amendment

Gave women the constitutional right to vote.

23rd Amendment

Gave Washington, D.C. electoral votes in presidential elections.

26th Amendment

Lowered the voting age from 21 to 18.