U.S. Constitution: Amendability and the Three Branches of Government

Flashcards covering the amendability of the U.S. Constitution, constitutional amendments, key Supreme Court cases, and the powers and checks of the three branches of government.

In what year was the U.S. Constitution written?

1787

Which article of the U.S. Constitution explains the amendment process?

Article V

What votes are required in Congress and among the states to propose and ratify a constitutional amendment?

A 2/3 vote in the House of Representatives and a 2/3 vote in the Senate to propose, followed by approval from 3/4 of the states (38 of 50 states today) to ratify.

How many amendments does the U.S. Constitution currently have?

27 amendments

What did the 13th Amendment (1865) establish?

It abolished slavery and involuntary servitude in the United States, except as punishment for a crime.

What are the three main provisions of the 14th Amendment (1868)?

Citizenship (people born or naturalized in the U.S. are citizens), Due Process (states cannot deprive people of life, liberty, or property without due process of law), and Equal Protection (states must provide equal protection of the laws).

What was the ruling of the Supreme Court in Brown v. Board of Education (1954)?

The Supreme Court ruled that racial segregation in public schools violated the Equal Protection Clause of the 14th Amendment.

What core protection is guaranteed by the 15th Amendment (1870)?

Voting rights cannot be denied because of race, color, or previous condition of servitude.

What protection did the 19th Amendment (1920) create?

It created a nationwide constitutional protection stating that voting rights cannot be denied on account of sex.

What change did the 26th Amendment (1971) make regarding voting rights?

It established that citizens age 18 and older cannot be denied the right to vote because of age.

What did the 18th Amendment establish, and how was it affected by the 21st Amendment in 1933?

The 18th Amendment established Prohibition by banning the manufacture, sale, and transportation of intoxicating liquor; the 21st Amendment (1933) repealed the 18th Amendment.

How is representation structured in the House of Representatives versus the Senate?

In the House of Representatives, representation is based on state population. In the Senate, every state has 2 senators.

What major federal law did Congress pass in 1964 to prohibit discrimination and attack racial segregation?

The Civil Rights Act of 1964

What key distinction exists between a presidential executive order and a law passed by Congress?

Congress makes laws, whereas executive orders issued by the president generally direct the operations of the Executive Branch and must stay within the president's legal and constitutional authority.

What did President Abraham Lincoln's Emancipation Proclamation declare?

It declared enslaved people in areas still in rebellion against the United States to be free.

How many justices serve on the U.S. Supreme Court, and how long is a federal judge's tenure?

The Supreme Court has 9 justices. Federal judges serve during good behavior, which in practice means they can serve for life unless they resign, retire, die, or are removed through impeachment.

What is judicial review, and which Supreme Court case firmly established it?

Judicial review is the power of courts to determine whether government laws or actions are unconstitutional; it was established in Marbury v. Madison (1803).

What principle regarding student rights was established in Tinker v. Des Moines (1969)?

Students do not automatically lose their First Amendment rights when they enter school, though schools can regulate student expression when it causes substantial disruption.

What constitutional ruling was made in Obergefell v. Hodges (2015)?

The Supreme Court ruled that same-sex couples have a constitutional right to marry.

What ruling did the Supreme Court make in Dobbs v. Jackson Women's Health Organization (2022)?

The Supreme Court overturned Roe v. Wade and held that the U.S. Constitution does not confer a right to abortion.

How do the House of Representatives and the Senate divide responsibility during the impeachment process?

The House of Representatives has the power to impeach federal officials, and the Senate conducts the impeachment trial (requiring a 2/3 vote of senators present to convict and remove).