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Constitution Test
Constitution test review
159
History
12th Grade
11/02/2011

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Cards

Term
citizen
Definition
a member of a state or nation who ows allegiance to it by birth or natuarlization and is entitled to full civil rights
Term
democracy
Definition
a form of government in which the surpreme authority rests with the people
Term
bicameral
Definition
an adjective describing a legislative body composed of two chambers
Term
federalism
Definition
a system of government in which a written constitution divides the power between central, or national, government and local govs
Term
suffrage
Definition
the right to vote
Term
poll tax
Definition
a special tax, demanded by states, as a condition of voting
Term
discriminate
Definition
being bias/unfair
Term
popular sovereignty
Definition
basic principle of the american system of gov which asserts that the people are the source of all and any governmental power; and the gov can only exist with their consent
Term
delegated powers
Definition
those powers, expressed, implied, or inherent, granted to the national government by the constitution
Term
implied powers
Definition
those delegated powers of the national government that are suggested by the expressed powers set out in the constitution 
Term
concurrent powers
Definition
those powers that both the national government and the states possess and exercise
Term
separation of powers
Definition
basic principle of the american system of national government that the executive, legislative, and judicial powers are divided amoung the three
Term
checks and balances
Definition
system of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others
Term
amendment
Definition
a change in, or addition to, a constitution or law
Term
majority rule/minority rights
Definition
in a democracy, the majority of the people will be right more often than they will be wrong
Term
establishment clause
Definition
separates church and state
Term
free exercise clause
Definition
the second part of the constitutional guarentee of religious freedom, which guarentees to each person the right to believe whatever they choose to believe in matters of religion
Term
due process of law
Definition
part of the 14th amendment which guarentees that no state deny basic rights to its people
Term
exclusionary rule
Definition
evidence gained as the result of an illegal act by police cannot be used against the person from whom it was seized
Term
libel
Definition
false and malicious use of printed words
Term
slander
Definition
false malicious use of spoken words
Term
injunction
Definition
a court order that forces or limits the performance of some act by a private individual or by a public official
Term
warrent
Definition
a court order authorizing, or making legal, some official action, such as a search or an arrest
Term
Miranda warnings
Definition
the constitutional rights which police must read to a suspect before questioning can occur
Term
acquit 
Definition
find not guilty of a charge
Term
grand jury
Definition
the formal device by which a person can be accused of a serious crime
Term
indictment
Definition
 a formal complaint before a grand jury which charges the accused with one or more crimes
Term
bail
Definition
a sum of money that the accused may be required to post (deposit with the court) as a guarentee that they will appear in court at the proper time
Term
subpoena
Definition
an order for a person to appear and to produce documents or other requested materials
Term
segregation
Definition
the separation of one group from another
Term
eminent domain
Definition
power of a government to take private property for public use
Term
extradition
Definition

the legal process by which a fugative from justice in one state is returned to that state

(4th amendment)

Term
census
Definition
done every 10 years; tells gov. the population
Term
gerrymandering
Definition
the drawing of electoral district lines to the advantage of a party
Term
impeachment
Definition
to bring formal charges against a public official; the house of reps has this power
Term
senatorial courtesy
Definition
the Senate will not approve a appointment made by the president if that appointment is opposed by a majority-party in the senate
Term
censure
Definition
issue a formal condemnation
Term
bill of attainder
Definition
a legislative act that inflicts punishment without a court trial 
Term
ex post facto law
Definition
a law applied to an act committed before the law was passed
Term
speaker of the house
Definition
head of the house of reps; john boehner
Term
president pro tem
Definition
the second leader of the senate; replaces the vice president when not there; dan inouye
Term
bill
Definition
a proposed law presented to a legislative body for consideration
Term
veto
Definition
the presidents power to reject a bill passed by congress
Term
filibuster
Definition
tactics aimed to stall a bill in congress (talking is endless)
Term
cloture
Definition
limits the debate on a bill
Term
resolution
Definition
a measure relating to the business of either house or expressing an opinion; does not have the force of law and does not require the presidents signature
Term
conference committee
Definition
a temporary joint committee to settle disputes/differences between both houses' versions of a bill
Term
treaty
Definition
a formal agreement between two or more sovereign states
Term
pardon
Definition
release from the punishment or legal consequences of a crime
Term
amnesty
Definition
a blanket pardon on a group of law violators
Term
pocket veto
Definition
the president doesnt sign a bill into a law and congress is not in session
Term
item veto
Definition
where the president can pick and choose parts that will get passed of a bill; not allowed now
Term
rider
Definition
unpopular provision added to an important bill certain to pass so that it will go through
Term
executive agreement
Definition
a pact made by the president directly with the head of a foreign state
Term
executive order
Definition
directive, rule, or regulation issued by the president 
Term
commander-in-chief
Definition
one role of the president as the commander of the nations armed forces
Term
judicial review
Definition
the power of a court to determine the constitutionality of a governmental action
Term
jurisdiction
Definition
the authority of a court to hear a case
Term
appellate jurisdiction
Definition
the authority of a court to review decisions of lower courts
Term
original jurisdiction
Definition
the power of a court to hear a casce first before any other court
Term
treason
Definition
the betrayal of one's country 
Term
what document did the constitution replace? why?
Definition
articles of confederation because it had no central government. the power was only in the states.
Term
when was the constitution written?
Definition
1787
Term
what is the preamble?
Definition
the intro to the constitution; overview
Term
what is the bill of rights? whats its purpose?
Definition
first 10 amendments; to give the people their rights that were not put into the original writing
Term
how many articles are in the constitution?
Definition
7
Term
how many amendments are in the constitution?
Definition
27
Term
main idea of: article 1
Definition
the legislative branch/ congress' power
Term
the main idea of: article 2
Definition
the executive branch/presidents powers
Term
the main idea of: article III
Definition
the judicial branch and how judges serve
Term
the main idea of: article IV
Definition
relations amoung the states
Term
the main idea of: article V
Definition
how to amend the constitution
Term
the main idea of: article VI
Definition
the national debt; surpremacy; national law and oath
Term
the main idea of: article VII
Definition
how to ratify the constitution
Term
what are the qualifications for a representative?
Definition
25 years old; 7 years a citizen; lives in the state they want to represent
Term
what is the term for a representative? 
Definition
2 years
Term
what are the qualifications for the president?
Definition
35 years of age; natural born citizen; 14 years resident
Term
how long is the presidents term?
Definition
2 and a half terms (10 years)
Term
how does the president check congress?
Definition
he can veto bills
Term
how does the president check the judicial branch?
Definition
he appoints the judges!
Term
what are the vice presidents qualifications?
Definition

same as the presidents! 

35 years young; natural born citizen; 14 years resident

Term
who are the five next in succession? 
Definition
vp, speaker of the house, the president pro tem, secratary of state, secratary of treasury
Term
how does one become a federal judge?
Definition
they are appointed by the president
Term
what is the federal judges term?
Definition
LIFE
Term
how can federal judge get out of office?
Definition
impeached; die; resign; retire 
Term
what is the jurisdiction of the district courts?
Definition
original
Term
what is the jurisdiciton of the appellate courts?
Definition
appellate
Term
what is the jurisdiciton of the surpreme court?
Definition
originial and appellate
Term
which article of the constitution describes the prodecdure for amending the constitution?
Definition
the 5th amendment
Term
when was the bill of rights ratified? why?
Definition
1791 because the people wanted/needed those rights and they were not in the original writing
Term
which principles of the constitutional government are evident in the bill of rights?
Definition

popular sovereignty- because the rights are for the people

federalism- because it gives the state their powers

Term
are any of your rights absolute?
Definition
yes, they all are and because we are born with these rights in a sovereign state, and no one can take them away from us
Term
can congress force you to be baptized? can it prevent you from being baptized?
Definition
no and no. first amendment
Term
can you yell fire in a crowded theater if there is no fire?
Definition
no first amendment
Term
can you knowingly print lies about the governor in the school paper?
Definition
not really first amendment
Term
can you write an editorial in the tribune critical of the government?
Definition
yes first amendment
Term
can you peacefully protest abortion and capital punishment?
Definition
yes first amendment
Term
can state and local governments regulate some weapons sales?
Definition
yes 2nd amendment
Term
during a war, could congress pass a law requiring private citizens to feed and house some soldiers?
Definition
no 3rd amendment
Term
can a police officer pull your car over for no reason and demand that you open your trunk?
Definition
no fourth amendment
Term
what is a search warrent? and why is it an important document?
Definition
it allows someone to search you and your posessions. its important because it protects you againts random searches (fourth amendment)
Term
what does a grand jury do? 
Definition
(7th amendment) grand jury is the formal device by which a person can be accused of a serious crime
Term
what is double jeopardy? and can it ever happen?
Definition
(fifth amendment) no person can be tried for the same crime twice. no it cant happen.
Term
why does the bill of rights protect a person from having to testify against himself?
Definition
fifth amendment - 
Term
what is eminent domain?
Definition
(4th amendment) power of government to take private property for public use
Term
why does the accused have a right to a speedy trial by jury? does this really happen today?
Definition
(7th amendment) maybe not speedy but they do get a jury of peers, 
Term
does the accused have the right to confront the witnesses against him? does that conflict with rights of the victim?
Definition
no the accused doenst have the right to do that, and it does conflict with the rights of the victim (5th amendment)
Term
does the accused have the right to a lawyer even if he doesnt have enough money?
Definition
yes 6th amendment says so
Term
can a person request a jury trial for civil cases? is there a minimum amount of damages invovled? 
Definition
Term
republic
Definition
a representative government
Term
clear and present danger
Definition
someone cannot put others in clear and present danger (like yelling fire in a theatre) and get away with it
Term
override
Definition
the senate can override a presidential veto- then that bill will become a law
Term
State of Union
Definition
the presidents speech to the nation
Term
District Courts
Definition
the lowest level of courts; where the trials are held
Term
appellate courts
Definition
where someone goes next if they disagree with the ruling on their sentance
Term
Surpreme Court
Definition
the highest of all courts; has both forms of jurisdiction; can reject having courts sent up by having 4 out of 9 justicies deny it
Term
chief justice
Definition
the judges of the surpreme court
Term
apportionment
Definition
where there is a representative for every certain amount of people in a state. its apportioned correctly
Term
what are the primary functions of the legislative; executive; and judicial branches?
Definition

legislative- makes laws

executive- enforces laws

judicial- interprets laws

Term
how does the legislative branch check the other two?
Definition

judicial: impeach the federal judges; creates the lower courts

executive: override vetos; approves treaties/appointments

Term
how does the executive branch check the other two? 
Definition

judicial: appoints the justices/federal judges

legislative: may veto legislation; may all special sessions of congress

Term
how the judicial branch check the other two?
Definition

executive: delcare the acts of the president unconstitutional

legislative: delcare the acts of congress unconstitutional

Term
what is bail?
Definition
(8th amendment) bail is a sum of money that the accused must give to get in court at the proper time/get out of jail
Term
is capitol punishment specifically prohibted by the constitution?
Definition
no its not (8th amendment?)
Term
what is the due process of law?
Definition
the government must act fairly and in accord with the rules (5th amendment)
Term
what is the exclusionary rule? and why is it sometimes controversial?
Definition
it is the evidence gained as a result of illegal act by police and it cannot be showed; because its illegal!
Term
what are the miranda warnings? and why are they important?
Definition
(5th amendment) the constitutional rights are read when arrested before questioning can occur
Term
do the people of the US have rights that are not specifically listed in the constitution?
Definition
yes (9th amendment)
Term
what is the electoral college?
Definition
(12 amendment) people who are chosen to make the final decisions on the president and the vice president
Term
if the electoral college fails to select a president and a vice president then who does it?
Definition
the house picks the president and the senate picks the vice president
Term
must the vice president have the same qualifications for office as the president?
Definition
yes because he might have to be president!
Term
what group of people was granted sufferage under the 15 amendment?
Definition
black/slave males
Term
does the government have the right to impose an income tax?
Definition
yes! the 16th amendment says so!
Term
which amendment emancipated all of the slaves?
Definition
13 amendment
Term
what does equal protection clause mean?
Definition
forbids a state from discriminating against people (14th amendment)
Term
if a vacancy occurs because a senator resignes or dies in office, how is that vacant office filled?
Definition
(17th amendment) the govenor of the state invovled will call an election to fill the seat
Term
what was prohibition? and what happened to it?
Definition
it was when no one could sell/buy alcohol; it ended up being reappealed
Term
what was the purpose of the 19th amendment?
Definition
to give women their equal rights that they deserved
Term
when is inauguration day?
Definition
january 20 (20 amendment)
Term
how often must congress meet?
Definition
at leasat once in every year (20 amendment)
Term
what happens if the person elected to be president dies before inauguration?
Definition
the vice president will be sworn in to be president (20 amendment)
Term
what is the term limit for the office of president? has anyone ever served longer than this? 
Definition
2-2 1/2 terms (10 years max) FDR served for 4 terms! (22 amendment)
Term
how many electors does the district of columbia have? what is the district of columbia?
Definition
it is washington DC; it can only have 3 electors (23 amendment)
Term
can a state impose a poll tax for federal elections?
Definition
no it cannot (24 amendment)
Term
what happens if there is a vacancy in the office of the vice president?
Definition
the president gets to appoint a new vice president (not succession!!) 25 amendment
Term
what happens if the president is suddenly stricken with a serious illness and can no longer do his duties? who has the power to carry out the duties?
Definition
(25 amendment) the vice president takes over the presidential duties
Term
what is the legal voting age for federal elections?
Definition
18 years old (26 amendment)
Term
did native americans get the right to vote from one of the amendments?
Definition
NO the 15 amendment disallows discrimination for african americans 
Term
what is the 27th amendment and when was it original proposed? 
Definition
it limits congress's power to fix salaries of its memebers. it was proposed in 1789 (when constitution was ratified) but it wasnt ratified until 1992!
Term
what are the powers of the house?
Definition

impeach the president

power of the purse

they pick the president if the electoral college fails

be in line for succession

Term
what are the powers of the senate?
Definition

try impeachment cases

approve treaties

approve any/all appointments

elect the vp if the electoral college fails

Term
what are the powers of congress?
Definition

delcare war

pass bills

propose constitutional amendments

if the vp is vacant then they appoint it

override vetos

Term
what are the powers of the president?
Definition

make appointments (judges)

veto/pass bills to laws

send out the troops

*know the rols of the pres!*

Term
what are the powers of the vice president?
Definition
counts electoral college votes; presides over the senate; helps the president win his election
Term
how long is the vice president's term?
Definition
he stays with the president until his term is up (or resigns/dies) or if the pres resigns/dies his term changes and he has 10 years max to be pres
Term
treason
Definition
someone goes/says something against the government
Term
writ of cert
Definition
the direction of the surpreme court to the lower courts to send up the records
Term
could congress potentially pass a law that says that during war you must quarter troops?
Definition
yes! they have that right DURING WAR! not during peace time
Term
can your town force your church to take down a nativity scene placed on church property?
Definition
no its the first amendment- freedom of speech/religion
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