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 (â…” of Senate) president if he breaks the law 

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

  • Senate confirms presidential appointments (majority) and ratifies treaties (â…”)

  • 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 (â…” 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 â…” of both House of Representatives and the Senate have to vote in favor, and Âľ 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