U.S. Citizenship, Constitution, and Legal System Overview

What must someone do to become a U.S. citizen?

Take a Naturalization Oath of Allegiance to the United States.

Who else takes an Oath to Uphold the U.S. Constitution?

Lawyers, Law Enforcement Officers, Presidents of the United States, Other U.S. Government Officials.

What does a Constitution do?

It provides a structure for government, sets principles, creates laws, and serves as the law itself.

What historical event led to the Revolutionary War?

England ignored the Declaration of Independence and quartered law enforcement in private homes.

What were Loyalists loyal to during the American Revolution?

The British.

What was the outcome of the Revolutionary War?

Colonists won and leaders united settlements under a national government.

What issue was excluded from the Constitution to ensure ratification?

The abolishment of slavery.

What were the Articles of the Constitution?

They established the Legislative Branch (Article I), Executive Branch (Article II), and Judicial Branch (Article III).

What is the Supremacy Clause?

Article VI, Paragraph II states that the U.S. Constitution and federal law take precedence over state laws.

What is the Bill of Rights?

The first 10 amendments outlining individual freedoms.

What is the purpose of the Constitution?

To ensure fairness, balance individual and societal rights, and prevent excessive government power.

What is the Crime Control Model?

It emphasizes repression of criminal conduct and tight control over criminal behavior.

What is the Due Process Model?

It emphasizes individual rights and the presumption of innocence.

What is Statutory Law?

Law created by federal and state legislatures.

What does Stare Decisis mean?

It is the principle that courts should follow precedents set by previous decisions.

What is the Necessary and Proper Clause?

Article I Section 8, Clause 18 allows Congress to make laws that are necessary and proper.

What are Substantive Law and Procedural Law?

Substantive Law includes rules and regulations; Procedural Law outlines how they are enforced.

What is the burden of proof for probable cause?

Approximately 25%.

What do the first 10 amendments of the Constitution protect?

The rights of individuals on United States soil.

What is the significance of Marbury v. Madison?

It established the power of the Supreme Court.

What did Martin v. Hunter's Lessee (1816) establish?

The Supreme Court's power to review and reverse state court decisions.

How are Supreme Court justices appointed?

Nominated by the president and confirmed by the Senate.

What is the Roberts Court known for?

It began as moderately conservative and has a 6-3 conservative majority.

What are the three major modalities of interpreting the Constitution?

Judicial restraint, strict constructionism, and flexible interpretation.

What is a social contract in the context of law?

It is the consent of individuals to abide by the law.

What is the role of law in a civilized society?

To treat similarly situated people similarly and maintain stability.

What is the purpose of the criminal justice system?

To control criminal behavior and protect individual rights.

What does the Constitution limit?

The power of the federal government.

What is the significance of the Supreme Court's decisions?

They interpret the Constitution, making it a living law.

What are the consequences of breaking the law?

Individuals face enforcement actions for violations.

What is the historical context of the U.S. legal system?

It evolved from colonists seeking independence from British laws.