AP Gov Checks and Balances, Bill of Rights, Constitution

AP Gov Checks and Balances, Bill of Rights, Constitution 

Bill of Rights 


1st Amendment:

  • Freedom of 

    • Religion, speech, press, assembly 

  • Right to 

    • Petition the government 

2nd Amendment:

  • Right to 

    • Bear arms 

3rd Amendment: 

  • No quartering of soldiers in civilian homes 

4th Amendment:

  • No unreasonable search and seizure (without warrant)

  • No issuing of warrants without probable cause 

5th Amendment: 

  • Rights of Accused: 

    • No double jeopardy 

    • Right to remain silent (not testify against oneself)

6th Amendment: 

  • Rights of persons on trial:

    • Right to a speedy trial by jury 

    • Right to be informed of charges 

    • Right to be confronted by witnesses 

7th Amendment: 

  • Right to trial by jury in civil causes (suing; plaintiff can be you)

8th Amendment: 

  • Protection against: 

    • Excessive bail 

    • Excessive fines 

    • Cruel and unusual punishment 

9th Amendment: 

  • People’s rights are not limited to the ones listed in the Constitution

10th Amendment: 

  • Powers not granted to the Federal Government in the Constitution belong to the states or the people 

(Fed Gov powers = delegated, state gov powers= reserved)






Constitution


Article 1: Legislative Branch (Congress)

Article 2: Executive Branch (President)

Article 3: Judicial Branch (Supreme Court)

Article 4: State Powers

  • States can make and carry out their own laws, states must respect and work with other states 

Article 5: Amendments 

  • The Constitution can be changed, new amendments can be added 

Article 6: Federal Powers

  • The Constitution and federal laws are superior to state and local laws (supremacy clause)

  • All laws must agree with US Constitution

Article 7: Ratification

  • Representatives from 12/13 states signed the Constitution at Constitutional Convention and from Sep 1787 to July 1788 the states met and voted to ratify the Constitution 


Checks and Balances


Three Branches: Legislative Executive Judicial 

  • All performing checks on each other 


Checks the LEGISLATIVE Branch PERFORMS on other branches: 

On the Executive 

  • Can impeach (majority of House of Representatives) and remove (⅔ of Senate) president if he breaks the law 

  • Can override president’s veto with ⅔ of BOTH Senate and House of Representatives (separately)

  • Senate confirms presidential appointments (majority) and ratifies treaties (⅔)

  • House of Representatives controls spending (purse)

  • Power of congressional oversight 

  • Power to hold hearings and investigate the Executive Branch 

On the Judicial

  • Can impeach (majority of House of Representatives) and remove (⅔ of Senate) federal judges if they break the law l 

  • Senate confirms appointment of judges (majority?)

  • Establish lower/inferior courts (by passing a bill)

  • Increase/decrease the size of the Supreme Court 

  • Propose Constitutional amendments where ⅔ of both House of Representatives and the Senate have to vote in favor, and ¾ of the states have to ratify it 





Checks the EXECUTIVE Branch PERFORMS on other branches: 

On the Legislative

  • President can veto acts of Congress  (bills) (he has to approve them)

  • President can call special sessions of Congress

  • Can suggest laws and send messages to Congress (not formal in Constitution  

On the Judicial

  • Can grant reprieves and pardons (forgiveness) for federal crimes 

  • President appoints federal judges


Checks the JUDICIAL Branch PERFORMS on other branches: 

On the Legislative

  • Can declare acts of Congress (laws) unconstitutional (judicial review)

  • Can influence impact of laws through their “interpretation”

On the Executive

  • Can declare executive acts unconstitutional 

  • Judges appointed for life, are free of executive control or influence