The constitution

Review

The Constitution

What is a constitution?A system of basic laws and principles that

spells out the nature, functions, and limits of a government or another institution.

How many articles are in the U.S. constitution?seven

What is meant by the word, “article,” in the constitution?It means sections.

What was the problem with the Articles of Confederation?The national government had very little

power. It could not pass laws unless 9 out of the 13 states approved them. It could not raise an army or a navy. It could not regulate commerce between states, collect taxes, or issue money.

What is federalism?Federalism is a system of government in

which power is shared between the central, or federal, government and the states.

What is meant by separation of powers?The powers of the government are divided

between different branches.

What are the branches of government?The legislative, the executive, and the

Judicial

What are checks and balances?The system of dividing the powers of the

government between the different branches to keep any one branch from becoming too powerful.

What is the supremacy clause?The part of the constitution that says that

the U.S. constitution is the supreme law of the land and prevails over state law.

What does Article 1 establish?The legislative branch of the government

What is a bicameral legislature?It is a legislature consisting of two parts or

“houses.”

What are the parts of the bicameral legislature set up by the constitution?The senate and the House of

Representatives

What are the enumerated powers?A list of specific powers given to the

legislative branch of the government in article 1 of the constitution, such as coining money, declaring war, regulating commerce, raising armies, etc.

What is the elastic clause?The clause in article 1 giving congress the

power to make laws necessary to carry out the enumerated powers. (It is also called the “necessary and proper clause.”)

What does article 2 establish?The executive branch

What does article 3 do?Establishes the judicial branch

What does article 4 do?It regulates the relations between the

states and between the states and the federal government.

What does article 5 say?

It says how to change or amend the constitution. It takes a 2/3 vote of both houses and then the approval of 3/4 of the states.

What does Article 6 say?It establishes that the Constitution and the

laws and treaties of the United States are the supreme law of the land and forbids a religious test as a requirement for holding a governmental position.

What does article 7 do?It says how the constitution will be ratified.

How many amendments are there to the constitution?27

Which amendments cancel each other out?The 18th and the 21st.The 18th prohibits the sale of alcoholic

beverages and the 21st lifts the prohibition.

Who were the federalists?The supporters of a strong central

government as outlined in the constitution during the debate on its ratification. They included Alexander Hamilton, James Madison, and John Jay.

Who were the anti-federalists?Those who were opposed to the ratification

of the constitution.

What were the federalists for?A strong central government

What were the anti-federalists for?More power for the statesA bill of rights

What were the federalist papers?They were a series of 85 essays promoting

the ratification of the U.S. constitution written between October 1787 and August 1788, written by James Madison, Alexander Hamilton, and John Jay.

What is the Bill of Rights?It is the collective name for the first ten

amendments to the U.S. Constitution, which protect the rights of individuals from the power of the government. These protections inculde the rights of liberty and property of citizens, including freedoms of religion, speech, a free press, free assembly, and free association, as well as the right to keep and bear arms.

What does the 1st amendment say?It guarantees freedom of religion, of

speech, of the press, and of assembly; right to petition

What does the 2nd amendment say?It guarantees the right to keep and bear

arms.

What does the 3rd amendment say?It guarantees that “No Soldier shall, in time

of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

What does the 4th amendment say?It guarantees protection from unwarrented

search and seizure.

What does the 5th amendment say?It guarantees due process of law for people

accused of crimes, that individuals not be put on trial twice for the same offense (double jeopardy), that a person not be required to testify against himself (self-incrimination), and that private property will not be taken without fair compensation (eminent domain).

What does it mean when some in court say that they take the 5th amendment?It means that they are refusing to answer

questions on the grounds that they might incriminate (present proof of a crime) themselves.

What does the 6th amendment say?It guarantees individuals accused of crimes

the right to be informed of the charges against them, to a speedy & public trial, of trial by jury, to confront witnesses, to have witnesses in defense, and to have counsel (a lawyer).

What does the 7th amendment say?It guarantees the right to a trial by jury in

civil (non-criminal) cases.

What does the 8th amendment say?It prohibits excessive bail and cruel and

unusual punishment.

What does the 9th amendment say?It guarantees the rights not specified by

the constitution are still retained by the people.

What does the 10th amendment say?It says that the powers not given to the

U.S. government by the Constitution, nor prohibited to the States, are reserved to the States, or to the people.

Why is the constitution considered a living document?It is called a living document because it is

open to constant change whether by ratifying a new amendment or by repealing an existing amendment. Consequently, as time goes on and new situations arise, the Constitution can be changed to meet the new demands.