3.1 Ideals of the Constitution
What is the Preamble?
Why did the framers divide power into three branches?
To prevent another tyranny
Define amendment.
Written change to the constitution.
How many changes have been made to the constitution?
27 changes
What did the framers add to the constitution that outlined the powers of the people?
The Bill of Rights (the first 10 amendments)
What is the most cherished ideal of the Constitution? Define it.
"Popular Sovereignty"- consent of the governed (people choosing the type of government that represents them)
Who created the Judicial Review, and what is it?
Chief Justice John Marshall- it is up to the courts to decide if each branch is acting appropriately and within the laws of the constitution
How many states must approve an amendment?
38 out of 50
What is the cabinet?
Presidential advisors
After Britain's Magna Carta, we created our "Rule of Law." What is this?
Limited Government which limits the power given to the government. We didn't want another monarch to abuse his or her power! The Magna Carta limited the monarchy after.
What did the framers create to protect the rights of the minority?
Majority Rule
How does the constitution create the separation of powers as it relates to making laws?
They separated responsibilities-
Executive: enforces the laws
Legislative: lawmaking body
Judicial: judges and makes sure laws are constitutional
What is the "unwritten constitution"?
Implied rules not specifically written in the constitution
Why is the 18th Amendment famous? Which amendment was passed to repeal it?
The 18th amendment banned the sale and consumption of alcohol. The 21st amendment repealed it and changed the laws for alcohol.
What are the two levels in the federal system? Describe each.
National- in Washington DC, makes laws that govern the whole country
State- state governments that only have power over those specifically in the state
What date was the Mayflower Compact signed? AND, what was its purpose?
On November 21, 1620, the Pilgrims sailed on the Mayflower to America. There was so much arguing that they decided they needed to create an agreement where they set aside their individual rights to create a government of their own choosing.
Explain checks and balances.
We separate or distribute power between the three branches, and then allow each branch to check on each other to ensure they are carrying out their duties.
Describe what life was like back then and now- between your current life and the life of the framers.
When is a law considered officially dead?
When the Judicial Branch says it is unconstitutional.
What is Habeas Corpus?
A court order requiring the government to bring a prisoner to court and explain why he or she is being held
Explain the difference between delegated, reserved, and concurrent powers.
Delegated: powers given to the government (specifically)
Reserved: powers set aside for the people and states
Concurrent: powers shared with the states and the national government
Name 2 responsibilities for each branch.
Executive: has the president, can veto, can suggest laws to Congress, can call Congress meetings, appoints federal judges, carries out the laws
Legislative: creates national budget, makes laws, has Congress (Senate and House of Representatives), can override a veto, can impeach the president, can declare war
Judicial: interprets laws, has the Supreme Court, 6 judges all appointed for life
What is the process for changing the constitution, and in which Article is it included?
Article V (5)-
Propose (with 2/3 vote)
Ratify (with 3/4 vote)
Repeal (repeat process if which to cancel the previous amendment)
How did the system of government change from the time of the Articles of Confederation to the Constitution?
The Articles of Confederation was afraid to give any power to the central, or national government. The states had way too much power, without trust or communication.
The Constitution separated powers and balanced the responsibilities between 3 branches in a federal system. States and the national government were both given power. For the first time, we had a central government!
Who is Baron de Montesquieu?
A French philosopher who argued that the US needs a balance of power- we have to make sure one branch does NOT become too hungry for power.