U.S. Constitution Review

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These flashcards cover key vocabulary terms related to the U.S. Constitution and its principles for review and study.

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84 Terms

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Amendment

A formal change or addition proposed to a law or constitution.

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Anti-Federalist

A person who opposed the creation of a stronger U.S. federal government and the ratification of the Constitution.

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Bicameral

A legislative body with two chambers or houses.

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Bill

A proposal for new legislation or an amendment to existing legislation.

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Bill of Attainder

A legislative act that singles out an individual or group for punishment without a trial.

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Checks and Balances

A system that ensures that no branch of government becomes too powerful by providing each branch the means to limit the others' powers.

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Chief Executive

The head of the executive branch of government, notably the President in the U.S.

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Commander-in-Chief

The supreme commander of the armed forces, a role held by the President.

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Concurrent Jurisdiction

Authority shared by both federal and state courts to hear certain cases.

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Conference Committee

A temporary committee formed to reconcile differences between the House and Senate versions of a bill.

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Constitution

The fundamental law that establishes the organization, functions, and limits of a government.

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Delegated Powers

Powers specifically granted to the federal government by the Constitution.

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Due Process Clause

A clause in the 14th Amendment that prohibits the government from depriving an individual of life, liberty, or property without fair legal procedures.

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Electoral College

The body of electors established by the Constitution to elect the President and Vice President.

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Enumerated Powers

Powers explicitly listed in the Constitution as belonging to the federal government.

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Establishment Clause

The clause in the First Amendment that prohibits the establishment of religion by Congress.

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Exclusive Jurisdiction

The power of a court to adjudicate a case to the exclusion of all other courts.

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Expressed Powers

Powers specifically granted to the federal government by the Constitution.

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Extradition

The process of returning a fugitive to the jurisdiction where they are charged with a crime.

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Federal Government

The national government of the United States.

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Federalist

A supporter of the ratification of the Constitution who advocated for a strong national government.

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Filibuster

A legislative tactic used to prolong debate and delay or prevent a vote on a bill.

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Gerrymandering

The practice of manipulating electoral district boundaries to favor one party or class.

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Government

The system by which a community or nation is governed.

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Implied Powers

Powers not explicitly stated in the Constitution but are inferred from the enumerated powers.

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Inferior Courts

Lower federal courts beneath the Supreme Court.

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Joint Committee

A committee composed of members from both the House and Senate.

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Judicial Review

The power of courts to assess whether a law is in compliance with the Constitution.

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Legislative Power

The authority to make laws.

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Original Jurisdiction

The authority of a court to hear a case for the first time.

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Pocket Veto

A special type of veto that occurs when the President does not sign a bill into law within ten days and Congress is adjourned.

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Popular Sovereignty

The principle that government power is derived from the consent of the governed.

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Reapportion

To redistribute the seats in the House of Representatives based on the latest census.

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Reserved Powers

Powers not enumerated that are reserved for the states.

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Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

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Standing Committee

A permanent committee that meets regularly.

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what is the preamble

“We the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

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qualifications to represent the house of representatives

must be at least 25 years old, a citizen for 7 years, and a resident of the state they represent. in addition, senators must serve for a term of 2 years.

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qualifications to be a senator

must be at least 30 years old, a citizen for 9 years, and a resident of the state they represent. In addition, senators must serve a term of six years.

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Qualification to be a president

must be at least 35 years old, a citizen for 14 years, resident of the state they represent. In addition must serve a term for 4 years

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what sole power is granted to the house

power of impeachment

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what is the main role of the president

civilian commander and chief of the armed forces

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what is the main role of the supreme court

interpret constitution judicial review

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who becomes president of the president and the vice president dies

speaker of the house

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how does justice to the supreme court get appointed

appointed by the president/confirmed by the state

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how many justices make up the supreme court

9

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what is the length of term of supreme court justices

For life

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What is the main power granted to the house and senate

legislative power

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The full farth and credit clause and provide an example

States within the United States have to respect the public acts, records, and judicial proceedings of every other state

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what are the 18 enumerated powers granted to Congress

  1. lay and collect taxes, 2. borrow money, 3. regulate interstate commerce, 4. rules of immigration, 5. coin money, 6. punish counterfeiting, 7. establish post offices, 8. promote patents, 9. est lower courts, 10. punish pirates , 11. declare war , 12. rise and support army, 13. provide and maintain navy, 14. regulate navy, 15. call forth militia, 16. organize and arm militia, 17. est. capital, 18. necessary and proper clause the elastic clause

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where is the elastic clause found in the constitution

Artical 1 section 8 clause 18

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what is another name for the elastic clause

Necessary and proper clause

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what is congress able to accomplish through the elastic clause and why

It allows congress to stretch its’s powers. Allows congress to deal with things they could not have known about planes and trains makes the constitution on a living document

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In the supremacy clause, what 4 things are considered the supreme law of the land

constitution, treaties, and national laws

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How does the supremacy clause imply that the supreme court is the supreme law of the land

When there is a conflict between federal law and state law supreme has final say on which law is constitutional s.c has final say on constitutionality of all laws

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why are federalism and the supremacy clause related

Federalism creates national governments. Supremacy clause tells us when there is a conflict federal las is above state law

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provide both ways to propose and both ways to ratify an amendment to the constitution

propose: 2/3 of congress comention called by congress after 2/3 og states have required

Ratify: ¾ of state legislatures ratifying conventions in ¾ states

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who is Montesquieu and why is he important to the constitution

French political philosopher who wrote about need to establish three branches of government and separation of powers

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The president can cheack congress by

veto legislation, influencing political opinion executive powers

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Congress can check the judiciary by

appointing judges

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congress can check the president by

overriding vetoes, conducting investigations, refusing an appointment refusing a treaty impeachment

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congress can check the judiciary by

refusing an appointment investigations, impeachment

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Judiciary can check the president by

judicial review

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Judciary can check congress by

judicial review

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How a bill becomes a law

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what is the electoral college and how does it work

process by which the select our president. Voters cast their votes for elections to represent them at the electoral college. States get electors equal to number of reprenatives plus senators. Each state is winner take all with exception of two states. there are 538 electors. it take 270 votes the H.O.R picks the president. 5 times a candidate has won the electoral college but lost the popular vote

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Describe how federalism is a combination of both a unitary government and a confederation

unitary government: strong central government

confederation: strong local government with weak central government

federalism: combines both unitary and confederation. strong nationals government with strong local government sharing power. Citizens operate under both a national government and a local government

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What is the difference between the states rights position and the nationalist position of federalism

people with federalism. what do we do when there is a conflict between a national law and a state law

state rights: state laws should take precedence over national law because the state government is closer to the people of their state and understands local conditions

nationalists: national law should take precedence because congress what is good for the country as a whole

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what are the six examples upon which the Constitution is founded define each

  1. popular sovereignty (ex:

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How many states had to ratify the constitution for it to become a law

9

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how many states ended up ratifying the constitution all together

13

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what is the order succession after the president

vice president, speaker of the house

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when are elections held

first Tuesday after the first Monday in November on even years

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what are the six goals of the constitution found in the preamble

  1. form a more perfect union, 2. establish justice, 3. provide for common defense, 4. provide for common defense, 5. promote the general welfare, 6. secure the blessing of liberty to ourselves and our posterity

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how many states had to ratify the constitution for it to become law

9

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how many states ended up ratifying the constitution all together

13

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what is the order of succession after the president

vice president

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when are elections held

first Tuesday after the first Monday in November on even days

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what are the differences between implied powers and expressed powers

expressed powers are written into the constitution

implied powers are not specifically in the constitution but necessary for the government to function

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what are the 6 goals of the constitution found in the preamble

  1. form a more perfect union, 2. establish justice, 3. insure domestic tranquility, 4. provide for common defense, 5. promote the general welfare, 6. secure the blessing of liberty to ourselves and our prosperity

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what are the first 10 amendments

  1. freedom of speech, 2. right to bear arms, 3. no quartering of soliders in private homes, 4. protection from unreasanble searches, 5. rights of the accused, 6. right to a fair trial, 7. right to trial by jury, 8. protection from cruel and unusual punishment, 9. rights retained by the people, 10. powers not delegated to the federal government are reserved for the states.