Constitution Test U.S. History
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127 Terms
What was the main concern of smaller states during the Constitutional Convention?
Fear of domination by larger states
What did Southern states insist on during the formation of the Constitution?
Protection of slavery
What is the nature of the US Constitution?
Codified, entrenched, and vague
What does constitutional sovereignty mean in the US?
Courts can strike down laws, unlike in the UK where sovereignty lies with Parliament
What type of government system does the UK have?
Parliamentary system
What type of government system does the US have?
Presidential system with separation of powers
What is the role of the President in the US government?
Commander in Chief, with veto power and the ability to propose measures to Congress
What is the structure of Congress as defined in Article 1?
Bicameral legislature (House and Senate)
Enumerated powers
Powers explicitly written in the Constitution
What landmark case ruled that Congress could create a national bank?
McCulloch v Maryland (1819)
Why is amending the Constitution difficult?
Requires supermajorities in Congress and agreement between federal and state levels
What is the significance of the separation of powers?
Prevents overlap in personnel and executive dominance
What are checks and balances?
Each branch has powers to limit or block the other branches
What is a consequence of the separation of powers?
Law making can be slow and difficult
What does the term 'policy gridlock' refer to?
Difficulty in passing legislation due to divided government
What is the role of the Supreme Court as established in Article 3?
To rule on cases arising under the Constitution/laws/treaties
Commander in Chief Clause
Allows Presidents to justify military action without congressional war declarations
Commerce Clause
Gives Congress the power to regulate commerce between states and with foreign nations
Federalism
The division of power between federal and state governments
What is the significance of bipartisan support in the amendment process?
Essential for achieving agreement across both chambers of Congress and among states
Elastic Clause
Allows Congress to pass laws necessary to carry out its enumerated powers
How does the legislative branch check the executive branch?
Congress can amend or repeal laws, such as the Affordable Care Act.
What power does the executive branch have over the legislative branch?
The president can veto legislation passed by Congress.
How does the judicial branch check both the legislative and executive branches?
The Supreme Court can uphold or strike down laws and executive actions.
What is meant by limited government?
Government can only do what the Constitution/laws allow; Government power is restricted to protect individual liberty, rooted in the fear of tyranny.
What role do constitutional amendments play in the US government?
They require bipartisan support and can be difficult to enact, promoting cooperation.
What is a significant consequence of a lack of bipartisanship in government?
It can lead to government shutdowns and legislative gridlock.
What are the main characteristics of US federalism?
Power is shared between federal and state governments, each with constitutionally protected authority.
How does federalism differ from UK devolution?
In federalism, state powers are constitutionally protected, while UK Parliament can change devolved powers.
What are some key criticisms of the US Constitution?
The Electoral College, Senate representation, amendment process, and the power of the Supreme Court.
What is a strength of the US Constitution regarding rights?
It provides strong protections for individual rights through the Bill of Rights and the 14th Amendment.
What is a weakness of the Constitution related to democratic responsiveness?
The Electoral College and Senate representation can undermine the principle of 'one person, one vote.'
What does the term 'gridlock' refer to in the context of US government?
Legislative paralysis due to separation of powers and partisanship.
What is the significance of the Bill of Rights?
It ensures entrenched rights and protects individuals from government overreach.
What does federalism allow states to do?
States can tailor policies to local preferences, acting as 'laboratories of democracy.'
What is a criticism regarding the amendment process of the Constitution?
It is overly rigid, making it difficult to adapt to modern issues.
How can the Supreme Court's power be viewed as excessive?
Unelected judges can impose nationwide decisions that override democratic majorities.
What historical context influenced the design of the US Constitution?
The Founding Fathers prioritized preventing tyranny over promoting democracy.
What is a consequence of the federal government growing more dominant over time?
It can lead to tensions over federal dominance and state autonomy.
What is one issue the Constitution fails to address regarding elections?
Corporate influence and partisan gerrymandering are not explicitly mentioned.
What is the role of the Supreme Court in relation to Acts of Congress?
It can overturn Acts of Congress, reflecting its significant power.
What is the impact of hyper-partisanship on the legislative process?
It often leads to gridlock and challenges in passing reforms.
Preamble
Introduction to the US Constitution's purposes.
Goals of the Constitution
Form a perfect Union, establish Justice, etc.
Source of Government Power
Government derives power from the people.
Separation of Powers
Division of government responsibilities among branches.
Individual Rights
Rights guaranteed to individuals by the Constitution.
Rule of Law
Everyone must follow the law; Laws govern the nation, not individual leaders.
Due Process
Legal requirement for fair treatment in judicial matters.
4th Amendment
Protects against unreasonable search and seizure.
5th Amendment
Protects against self-incrimination and double jeopardy.
Bicameral Congress
Congress consists of two houses: House and Senate.
Impeachment Process
Initiated in the House of Representatives.
House of Representatives Members
Total of 435 members in the House.
Senate Members
Total of 100 members in the Senate.
Qualifications for House Members
At least 25 years old, 7 years a citizen.
President Qualifications
Must be 35 years old, natural born citizen.
POTUS Powers
Commander in chief, appoint positions, veto laws.
Term Length for POTUS
President serves a term of 4 years.
Supremacy Clause
Constitution is the supreme law of the land.
What is special about the US Constitution?
It is the oldest written constitution still in use.
How many articles and amendments does the US Constitution have?
It has 7 original articles and 27 amendments.
What is the Bill of Rights?
The first ten amendments that protect individual rights and liberties.
Who described the colonies as “a City upon a Hill”?
John Winthrop.
When was the Declaration of Independence signed?
July 4, 1776.
Who was the main author of the Declaration of Independence?
Thomas Jefferson.
What were the Articles of Confederation?
A system creating a weak central government of sovereign states.
Why did the Articles of Confederation fail?
The central government was too weak and could not tax or settle disputes.
What was the goal of the Philadelphia Convention (1787)?
To create a stronger national government.
Who proposed the Virginia Plan?
James Madison.
What did the Virginia Plan propose?
A strong national government with three branches and a bicameral legislature.
Who opposed the Federalists?
The Anti-Federalists.
What are the Federalist Papers?
85 Essays written by Madison (29), Hamilton (51), and Jay (5) to promote the Constitution.
What was the Great Compromise?
A compromise creating a bicameral legislature: House and Senate.
How is representation determined in Congress?
By population in the House and equal representation in the Senate.
What was the Three-Fifths Compromise?
Three-fifths of slaves were counted for representation purposes.
Why was the Bill of Rights added?
To protect citizens and states from federal government abuse.
What are the core principles of the US Constitution?
Federalism, separation of powers, and checks and balances.
What is separation of powers?
The division of government into legislative, executive, and judicial branches.
What is the purpose of checks and balances?
To prevent any one branch from becoming too powerful.
Popular sovereignty
Government power comes from the people (consent of the governed)
Separation of powers
Government power is split into 3 branches so no one dominates
Republicanism/Representative democracy
people elect representatives to make laws
Who is Article 1 and what do they make
Legislative branch —> makes laws (House + Senate)
Who is Article 2 and what do they do
Executive branch (President, VP, and Cabinet) and enforces laws
Who is Article 3 and what do they do
Supreme Court + Federal courts —> interprets laws
Article 4
relations among states
respect each others state laws and court decisions
State all 10 Bill of Rights (First 10 Amendments)
1 Freedoms: religion, speech, press, assembly, petition
2 Bear arms
3 No quartering soldiers
4 No unreasonable search/seizure (warrants, probable cause)
5 Due process, no self-incrimination, double jeopardy; eminent domain = gov can take property for public use w/ compensation
6 Fair/speedy public trial, know charges, confront accuser/witnesses, subpoenas, right to lawyer
7 Jury trial in civil cases
8 No excessive bail/fines, no cruel & unusual punishment
9 People have more rights than listed
10 Powers not given to federal government are kept by states/people
Amendment 13 is
Abolished slaveryA
Amendment 14 is
Due process (fair procedures) + equal protection under the law
Amendment 15 is
rights to voting regardless to race
Amendment 18 is
Prohibition of alcohol
Amendment 19 is
Women’s right to vote
Amendment 21
Repealed prohibition
Amendment 22
Presidential term limits
Amendment 24
No poll tax
Amendment 26
Voting age is 18
Amendment Process:
Amendment is proposed
by 2/3 of Congress or
by a national convention called by 2/3 of the states
Amendment is ratified
approved by 3/4 of the state legislatures or
approved by 3/4 of state conventions
Once ratified, the amendment becomes part of the Constitution.
How a bill becomes law
Bill is introduced
A member of Congress proposes a bill.
Committee review
The bill is sent to a committee to be studied, debated, and possibly changed.
House and Senate vote
The bill must pass both the House of Representatives and the Senate.
President’s decision
The President can sign the bill (it becomes law) or veto it.
Veto override (if needed)
Congress can override a veto with a 2/3 vote in both houses.
If signed or overridden, the bill becomes a law.
Full Faith and Credit Clause
States respect other states records/courts decisions