contains history constitution flashcards

MATERIALS & READINGS- Google Docs from notes, homework, classwork, etc

The Constitution
-- Preamble

-- Articles I, II, & III

-- Bill of Rights (Am. 1-10)
Fault Lines
-- Bicameralism (Ch. 1)

-- Executive (Ch. 3; 12-14)

-- Rights (Ch. 8; 18-19)
Textbook
-- 4.5: “Understanding the Constitution” (225-236)

-- 4.6: “Federalism & Amendments” (237-240)

VOCABULARY - You should be familiar with the following lists, although there may be others that come up on the test.

Seven Principles:
Popular Sovereignty
People control the gov (power to the people)
Separation of Powers
montesquieu created this, government is split into three different branches
Checks and Balances
each branch has the power to check other branches so that they do not gain too much power
Limited Government
the power of the gov is limited, they do not have too much power
Federalism
a strong fed. government (federalists wanted this, anti federalists did not)
Republicanism
electing reps to the government
Individual Rights
an individual right guarantees individuals certain rights or freedoms that the government can not interfere with

Governmental Terms/Powers:
Bill
a legislative proposal before Congress. Bills from each house are assigned a number in the order in which they are introduced, starting at the beginning of each Congress (first and second sessions)
Law
system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.
Elastic Clause
End of article 1, congress has power to deem laws “necessary and proper”
Electoral College
Article 2, each state gets representatives (2 senate + however many are in the house of rep.) their votes determine pres, 538 total votes, 3 from washington, pres needs 270 votes to win
Veto
President can reject law, congress has to be in ⅔ favor in both HoR and Senate
Pardon
president can pardon anyone of a crime, which drops all charges
Judicial Review
The supreme court decides whether or not acts of the president or federal laws passed are constitutional. This is important because it checks the legislative branch and president.
Bill of Rights
First 10 amendments in constitution

III. THREE BRANCHES - We discussed the basic organization, purpose, functions, and powers of the three branches of government. In the chart below copy and paste relevant information, including how each branch is checked and checks the others.

Branch of Gov’t
Organization/Purpose/Function/Powers
Checks/Balances
1.) Legislative Branch
Organization
2 parts - Senate and House of Representatives
2 senators per state, HoR representatives based on population
535 members total
Function
Creating laws and making laws
Declaring war
Establishing rules of immigration
Coin money and tax
Establish federal courts and their jurisdictions
Senate can impeach, house can propose impeach
House can confirm judges
The Senate is the “supervisor” to the House of Representatives

Congress must approve you to become a Supreme Justice
Confirms or rejects presidential nominations for heads of federal agencies.
Outrules veto, they can pass a bill if ⅔ of the house and senate agree.

2.) Executive Branch
Organization
President is at top, then VP, then cabinet
Carrying out laws
Running affairs with the national government
In control of the military
Appoints ambassadors
Directs forgein policy
Makes treaties

President must recommend you to become a Supreme Court Justice
Suggests and vetos laws
Grants pardons

3.) Judicial Branch
Apply laws to court cases
Watches for violations of laws in cases
Interpret laws

Judicial Review: the supreme court decides whether or not acts of the president or federal laws passed are constitutional

IV. BILL OF RIGHTS - What are the first 10 Amendments to the Constitution in your own words? What freedoms do they protect?

*1.) freedom of speech, press, religion, and right to protest/peacefully assemble
*2.) right to bear arms / regulated militia
3.) can’t be forced to house soldiers
*4.) protection against unreasonable search + seizure / right to privacy
*5.) miranda rights, can’t be tried twice for same offense (double jeopardy) cant incriminate yourself
6.) right to fair trial by jury, to know what their charges are and to confront person making said charges
7.) trial by jury
*8.) no “cruel and unusual punishments”
9.) constitution does not cover all rights, just important ones
10.) all powers not given to the federal gov belong to the states

V. QUESTIONS - These are ideas that may come up on the quiz/test (and which you should be able to answer). You should think of this as a foundational list - it is certainly possible that some questions on the test may ask you to make connections between some of the concepts listed here.

What goals does the preamble lay out for the Constitution? Which of these, based on the powers and restrictions laid out in the document, seem most thoroughly considered? Which seem(s) to be a little less significant in the document?

The preamble brings up 5 points that they want to accomplish in the Constitution. The point that seems the most important is the “perfect Union”, and the “establishment of Justice”. Promoting the general welfare of the people seems to be brushed aside.

Describe how a bill becomes a law. Why was this system developed? What is each branch's role in the process?

congressperson/senator proposes a law → goes to committee, committee writes and if it is posted HoR votes on it, if ¾ agree gets sent to senate, another committee reviews it and if posted gets sent to senate, if ¾ of senate agree then it gets sent to pres, who either vetos it or passes it. This system was developed to a) make creating laws a difficult and tedious process and b) help get the thoughts of the whole legislative and executive branches, because if that many people agree on it, then it must be somewhat right

Describe the Bill of Rights. Why was it added to the Constitution? How is it connected to experiences before the Revolutionary War?
What freedoms are protected in the First Amendment? Are there limitations?
What other rights are secured in the Bill of Rights? Are there limitations?

Which of the principles of the Constitution that we discussed (choose 2 or 3) do you think were most important to the framers in writing the Constitution and why?

popular sovereignty and separation of powers proved to be the two principles that were the most important to the framers, as two of the amendments in the BoR focus on popular sovereignty, and separation of powers is what separates our government from others. A big part of why these two are so important is that these were both non existent when under british rule. The people had no say in the government, and all the power laid in the hands of the king. The framers wanted to do the complete opposite of the british, so they made it abundantly clear in the constitution that a) the powers would be separated somewhat equally and b) that all the power the government did not have would be given to the states.

What fault lines exist in the structures of the Constitution?[The color coding is meant to represent which terms/topics came up within each given assignment: Article I, Executive Powers, Rights]

-- Bicameralism
-- Veto
-- Electoral College
-- Pardon
-- Unitary Executive
-- Voting Rights
-- Emergency Powers
-- Habeas Corpus