Constitutional Amendments and Clauses Flashcards

Flashcards about Constitutional Amendments and Clauses

What does the Commerce Clause (Article I, Section 8, Clause 3) state Congress can regulate?

Trade between nations, between states, and with Indian tribes.

What does the Due Process Clause of the 5th Amendment ensure?

The national government must observe fair procedures when it denies any person life, liberty, or property.

What does the Due Process Clause of the 14th Amendment ensure?

State governments must observe fair procedures when they deny a person life, liberty, or property.

What does the Elastic Clause (Article I, Section 8, Clause 18) allow Congress to do?

Exercise powers not specifically stated in the Constitution if those powers are 'necessary and proper' for carrying out its expressed powers.

What does the Equal Protection Clause of the 14th Amendment ensure?

States cannot unreasonably discriminate against individuals and must treat people 'equally.'

What does the Establishment Clause of the 1st Amendment prohibit?

Congress cannot establish an 'official' religion; provides for separation of church and state.

What does the Free Exercise Clause of the 1st Amendment prohibit?

Congress cannot pass laws that ban freedom of worship.

What does the Full Faith and Credit Clause (Article IV, Section 1) ensure?

A state must recognize the validity of the public acts, records, and court decisions of other states.

What is the purpose of the Preamble to the U.S. Constitution?

Identifies the broad purposes of the Constitution.

What does the Reserved Powers Clause of the 10th Amendment ensure?

Any power not granted to the national government or denied to the states automatically reverts to the states.

What protection is provided by the Search & Seizure Clause of the 4th Amendment?

Protection against unreasonable search and seizure; authorities can only search and arrest according to specified 'reasonable' procedures.

What does the Supremacy Clause (Article VI, clause 2) establish?

Federal law is supreme over state law.

What does the Takings Clause (Eminent Domain) of the 5th Amendment allow and require?

Government can take private property for public use, but it must provide fair compensation to the owners.

What action is prohibited by the Bill of Attainder Clause (Article I, §9, clause 3)?

Congress cannot pass a law that singles out a person for punishment without trial.

What action is prohibited by the Ex Post Facto Clause (Article I, §9, clause 3)?

Congress cannot pass a law that punishes a person retroactively.

What does the Extradition Clause (Article IV, §2, clause 2) ensure?

An accused person who flees to another state must be returned to the state in which he/she allegedly committed the crime.

What does the Privileges & Immunities Clause (Article IV, §2, clause 1) ensure?

A state cannot unreasonably discriminate against citizens of other states.

What were the main points of Brutus #1?

The constitution gives too much power to the central government. The Necessary and Proper Clause is a blank check to Congress, and the Supremacy Clause would make state governments obsolete.

What were the main points of Federalist #51?

Power is divided between the three branches of government, each with little control over the other. It also divides power between national & state governments, and the House and Senate. It keeps power from becoming too centralized.

What were the main points of Federalist #70?

He argued for a single, 'energetic' executive (president).

What were the main points of Federalist #78?

The judicial branch is the 'least dangerous branch' and must be independent. Its job is to interpret the Constitution. Judicial Review

What were the main points in Letter from a Birmingham Jail?

All people should be treated the same under the law. Injustice anywhere is a threat to justice everywhere

What does the Commerce Clause (Article I, Section 8, Clause 3) state Congress can regulate?

Trade between nations, between states, and with Indian tribes.

What does the Due Process Clause of the 5th Amendment ensure?

The national government must observe fair procedures when it denies any person life, liberty, or property.

What does the Due Process Clause of the 14th Amendment ensure?

State governments must observe fair procedures when they deny a person life, liberty, or property.

What does the Elastic Clause (Article I, Section 8, Clause 18) allow Congress to do?

Exercise powers not specifically stated in the Constitution if those powers are 'necessary and proper' for carrying out its expressed powers.

What does the Equal Protection Clause of the 14th Amendment ensure?

States cannot unreasonably discriminate against individuals and must treat people 'equally.'

What does the Establishment Clause of the 1st Amendment prohibit?

Congress cannot establish an 'official' religion; provides for separation of church and state.

What does the Free Exercise Clause of the 1st Amendment prohibit?

Congress cannot pass laws that ban freedom of worship.

What does the Full Faith and Credit Clause (Article IV, Section 1) ensure?

A state must recognize the validity of the public acts, records, and court decisions of other states.

What is the purpose of the Preamble to the U.S. Constitution?

Identifies the broad purposes of the Constitution.

What does the Reserved Powers Clause of the 10th Amendment ensure?

Any power not granted to the national government or denied to the states automatically reverts to the states.

What protection is provided by the Search & Seizure Clause of the 4th Amendment?

Protection against unreasonable search and seizure; authorities can only search and arrest according to specified 'reasonable' procedures.

What does the Supremacy Clause (Article VI, clause 2) establish?

Federal law is supreme over state law.

What does the Takings Clause (Eminent Domain) of the 5th Amendment allow and require?

Government can take private property for public use, but it must provide fair compensation to the owners.

What action is prohibited by the Bill of Attainder Clause (Article I, §9, clause 3)?

Congress cannot pass a law that singles out a person for punishment without trial.

What action is prohibited by the Ex Post Facto Clause (Article I, §9, clause 3)?

Congress cannot pass a law that punishes a person retroactively.

What does the Extradition Clause (Article IV, §2, clause 2) ensure?

An accused person who flees to another state must be returned to the state in which he/she allegedly committed the crime.

What does the Privileges & Immunities Clause (Article IV, §2, clause 1) ensure?

A state cannot unreasonably discriminate against citizens of other states.

What were the main points of Brutus #1?

The constitution gives too much power to the central government. The Necessary and Proper Clause is a blank check to Congress, and the Supremacy Clause would make state governments obsolete.

What were the main points of Federalist #51?

Power is divided between the three branches of government, each with little control over the other. It also divides power between national & state governments, and the House and Senate. It keeps power from becoming too centralized.

What were the main points of Federalist #70?

He argued for a single, 'energetic' executive (president).

What were the main points of Federalist #78?

The judicial branch is the 'least dangerous branch' and must be independent. Its job is to interpret the Constitution. Judicial Review

What were the main points in Letter from a Birmingham Jail?

All people should be treated the same under the law. Injustice anywhere is a threat to justice everywhere

What is the 1st amendment?

Guarantees freedoms of speech, press, assembly, religion, and petition.

What is the 14th amendment?

Guarantees citizenship and equal protection under the law.

What is the 10th amendment?

Powers not given to the federal government are reserved to the states.

What is the 6th amendment?

Guarantees the right to a speedy and public trial.

What is the 2nd amendment?

Guarantees the right to bear arms.

What is the 5th amendment?

Guarantees protection against self-incrimination and ensures fair compensation for seized property.

What is the 4th amendment?

Protects against unreasonable searches and seizures.

What is the 7th amendment?

Guarantees the right to a jury trial in civil cases.

What is the 8th amendment?

Protects against cruel and unusual punishment.

What is the 9th amendment?

Ensures that rights not listed in the Constitution are also protected.

What is the 17th amendment?

Provides for the direct election of senators.

What does Article 1 of the Constitution do?

Establishes the Legislative Branch (Congress).

What does Article 2 of the Constitution do?

Establishes the Executive Branch (Presidency).

What does Article 3 of the Constitution do?

Establishes the Judicial Branch (Supreme Court).

What does Article 4 of the Constitution do?

Deals with relationships among the states.

What does Article 5 of the Constitution do?

Describes the amendment process.

What does Article 6 of the Constitution do?

Deals with national debt, supremacy of national law, and oaths of office.

What does Article 7 of the Constitution do

Describes the process for ratifying the Constitution.