Constitution
What does the Constitution do?
sets up the government
defines the government
protects basic rights of Americans
The idea of self-government or popular sovereignty is in the first three words of the Constitution. What are these words?
We the people
How many amendments does the Constitution have?
27
What do we call the first ten amendments to the Constitution
The Bill of Rights
What three individual rights were included in Article 1 to ensure the legislative branch did not violate court proceedings?
Writ of habeas corpus
Bills of attainder
Ex post facto
When was the Constitution written?
1787
What stops one branch of government from becoming too powerful?
checks and balances
separation of powers
When was the Bill of Rights ratified?
December 15, 1791
Why are the 9th and 10th amendments considered the "catch all" amendments?
Only had 10 to begin with
Needed to include all rights and who controlled them
What is the difference between libel and slander?
Libel is a false statement in a written form
Slander is a false statement that is spoken
What is the "necessary and proper" clause?
gives Congress the power to make laws that are needed for carrying out their responsibilities
What establishes that the federal constitution take precedence over state/local laws?
Supremacy Clause
What is an amendment?
a change or an addition
What are the Reconstruction amendments?
13-no slavery
14-citizenship and equal protection
15-Males can vote
What are 3 examples of free speech that is not protected?
Incitement
True threats
Defamation
Obscenity
Fraud
Substantial disruption in schools
What were the main ideas in the Preamble?
Form a better government
Establish justice
Ensure domestic tranquility
Provide for the common defense
Promote the general welfare
Freedoms now and forever
What is federalism?
Power is divided between national government and states
In the Bill of Rights, which amendments deal with court proceedings?
4-no unreasonable searches/seizures
5-due process
6-have lawyer, know charges, witnesses, place
7-jury in civil cases
8-no cruel/unusual punishments; no excessive bails/fines
What are three amendments that deal with the president?
12-Electoral College
20-Moved inauguration date
22-Only 2 terms
23-DC can vote
25-Line of succession
While the 1st Amendment does not specifically state the right of association and the right of expression they are still protected under it. What do these two terms mean?
Join or not join groups
Symbolic speech, art, facial expressions
Describe the 7 Articles of the Constitution
1 - Legislative
2 - Executive
3 - Judicial
4 - State's Rights
5 - Amendment Process
6 - Federal Laws
7 - Ratificiation
What is judicial review?
Power of courts to review and determine if actions of legislative and executive branches are constitutional
How does the amendment process to the Constitution work?
Proposed by 2/3 of Congress
Passed by 3/4 of states
What are four amendments that reference voting rights?
12-Electoral College
15-Males can vote
17-Direct election of senators
19-Women can vote
23-DC can vote
24-voting is free
26-18 years old to vote
What is prior restraint?
BONUS: When is it legal?
Censorship of publications/speech beforehand
National security, obscenity, incitement to violence, classified information