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Constitution Test
US Constitution Test
65
Political Studies
12th Grade
03/08/2010

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Cards

Term
How is the Constitution amended? What is ratification?
Definition
2/3 of the Senate and 2/3 of the House. 3/4 of states
Term
How many amendments does the Constitution have?
Definition
10 originally, 27 total
Term
What is the Bill of Rights? What is its purpose?
Definition
first 10 amendments that guarantee civil liberties and civil rights of people.
Term
First Amendment
Definition
freedom of speech, religion, press, assembly, petition
Term
Second Amendment
Definition
right to bear arms. so ability to form a militia. restrictions: no machine guns, not for carry on, towns/state have restrictions
Term
Third Amendment
Definition
quartering of soldiers
Term
Fourth Amendment
Definition
search and seizure. must have a warrant: but if find something not on warrant than cant take it, but sticky with cars. must have probable cause
Term
Fifth Amendment
Definition
rights of the accused. "i plead the fifth." eminent domain. double jeapordy.
Term
What is eminent domain?
Definition
seize property for public good
Term
What is self-incrimination?
Definition
statements, usually made under oath, suggesting that the person speaking is guilty of a crime
Term
What is a warrant?
Definition
a document issued by a judge that authorizes law enforcement officers to carry out a search, seizure of evidence, or arrest
Term
What is probable cause?
Definition
reasonable suspicion of criminal behavior
Term
What is double jeopardy?
Definition
the prosecution of a person a second time for a crime in which the defendant has already been tried once and found non guilty, prohibited under the Fifth Amendment
Term
Sixth Amendment
Definition
right to a fair trial with a jury of your peers
Term
What is the grand jury?
Definition
a group of citizens who examine the evidence in a serious criminal case to decide whether a person accused of a crime should be indicted, or charged
Term
What is an indictment?
Definition
a formal accusation of criminal behavior handed down by a grand jury; this means that the accused person will be brought to trial
Term
Seventh Amendment
Definition
right to a civil trial, usually monetary, anything above $8000, need an attorney in California
Term
Eighth Amendment
Definition
bail and punishment, death penalty must fit the crime
Term
What is cruel and unusual punishment?
Definition
the punishment must match the crime
Term
Ninth Amendment
Definition
Rights retained by the people, offers protection for unenumerated rights
Term
Tenth Amendment
Definition
states' rights: if not written down Federally, the states can write about it individually
Term
What article is the President created under?
Definition
Article 2
Term
What are the president's roles?
Definition
Commander-in-chief, head of state, chief legislature, chief diplomat, appointing supreme court justices, appointing ambassadors, signing treaties, pardons
Term
Who approves the Supreme Court Justices, ambassadors, and treaties?
Definition
Senate
Term
Who elects the president?
Definition
electoral college
Term
Who chooses the President if the Electoral College cannot?
Definition
house of representatives. Senate chooses the VP
Term
What are the requirements to be president?
Definition
35 years old, born in the US, lived in the US for 14 years
Term
What is the president's cabinet? What is their role?
Definition
The cabinet are the heads of the executive departments of the federal government. Appointed by the president
Term
What veto powers does the president have?
Definition
veto, do nothing, pocket veto
Term
What article was Congress created under?
Definition
Article 1
Term
What is the elastic clause? What is the necessary and proper clause?
Definition
"we as the government have the right to make all laws necessary and proper for carrying out its duties"
Term
How many members are in the House of R? Senate?
Definition
435 and 100
Term
What is the upper house? Lower house?
Definition
Senate and House of R
Term
How old do you need to be in the House of R? Senate?
Definition
25 and 30
Term
What is the minimum number of House of R members each state can have?
Definition
1
Term
How many senators does each state have?
Definition
2
Term
How many electors in the Electoral College does each state have?
Definition
Senate + House of R
Term
Who presides over the House of R? Senate (and when he/she is gone?)
Definition
Speaker of the House. VP, president pro temp
Term
The Tenth Amendment says that all power not given to Congress goes to whom?
Definition
the states
Term
Who impeaches government officials? Who presides over the hearing?
Definition
House of R. Chief Justice in Senate (2/3 vote needed)
Term
Where do revenue or money bills begin? What vote number is needed?
Definition
House of R, 2/3?
Term
What is needed to pass a law? What is needed to override a presidential veto?
Definition
majority in both houses. 2/3 in both houses
Term
What article is the Judiciary Branch created under?
Definition
Article 3
Term
What is the Judiciary function?
Definition
Judicial review, review cases if they violate people's rights, appellate
Term
What is judicial review?
Definition
review a law if it's constitutional or not
Term
What is the term of office for a Supreme Court justice?
Definition
life, or impeachment
Term
Who appoints a justice if there is a vacancy? Who approves these appointments?
Definition
President. Senate.
Term
What is their job in impeachments?
Definition
Preside over the trial in the Senate
Term
What is their original jurisdiction?
Definition
Ambassadors and if a state is involved
Term
When was the Constitution written? When was it approved? Who wrote it?
Definition
1787. 1788. James Madison
Term
What was the New Jersey Plan?
Definition
equal representation
Term
What was the Virginia Plan?
Definition
population representation
Term
What was the Great Compromise?
Definition
bicameral legislature
Term
What are checks and balances?
Definition
a system in which each branch of government can limit the power of the other branches
Term
What check does the executive branch have on the legislative branch?
Definition
can approve or veto bills, call special sessions of Congress, and recommend legislation
Term
What check does the executive branch have on the judicial branch?
Definition
can nominate Supreme Court justices and federal judges
Term
What check does the legislative branch have on the executive branch?
Definition
can override presidential vetoes, approve or reject presidential appointments and treaties, and impeach and try the president
Term
What check does the legislative branch have on the judicial branch?
Definition
can approve or reject nomination of federal judges, create lower courts, and remove justices through impeachment
Term
What check does the judicial branch have on the executive branch?
Definition
can declare treaties and executive acts unconstitutional. appointments are for life, and judges are free from executive control
Term
What check does the judicial branch have on the legislative branch?
Definition
can declare laws unconstitutional
Term
How many branches are in the government?
Definition
3: executive, judicial, legislative
Term
What is separation of powers?
Definition
the idea that the powers of a government should be between two or more strongly independent branches to prevent any one person or group from gaining too much power
Term
What is federalism?
Definition
a political system in which power is divided between a central government and smaller regional governments. checks and balance, separation of powers
Term
What is treason? What counts as treason?
Definition
"levying war against them, or in adhering to their enemies, giving them aid and comfort"
Term
What were the weaknesses to the Article of Confederation?
Definition
no taxation, no regulating interstate commerce, one house congress, 9 out of 13 needed to pass a law, no executive branch to enforce laws, no court system to settle disputes, all 13 states needed to amend, money issued by states, states could ignore laws created by congress, states loosely joined
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