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110 Cards in this Set
- Front
- Back
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In how many "formal" ways can the Constitution be amended?
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4
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What year was the Constitution written?
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1787
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What year was the Constitution adopted?
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1789
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What article provides for amendment to the Constitution?
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5
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First Method for Amendment?
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An amendment may be proposed by a 2/3 vote in each house of Congress and be ratified by 3/4 of the State Legislatures (38)
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How many amendments were adopted by the first method?
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26
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Second method for amendment?
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Proposed by congress, then ratified by conventions, called for that purpose, in 3/4 of the states (38).
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Which amendments were adopted by the 2nd method (conventions)?
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only the 21st
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Why were conventions used to ratify the 21st amendment?
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Congress felt that the convention's popularly elected delegates would be more likely to reflect the public opinion than would the State legislators.
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Third method for amendment?
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. It musr then be ratified by 3/4 of the State legislators. (Never Done)
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Fourth method for amendment?
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An amendment may be proposed by a national convention and ratified by conventions in 3/4 of the States (the Constitution was adopted in much this same way)
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Name the only two states in the world without a written constitution.
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Britain and Israel.
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What restriction does the Constition place on the subjects with which a proposed amendment may deal?
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Article V declares that "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."
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When both houses of Congress pass a resolution proposing an amendment, do they send it to the President to be signed or vetoed?
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No - when Congress proposes an amendment it is not making law (not legislating.
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If a State rejects a proposed amendement is it forever bound by that decision?
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No - it may later reconsider and ratify the amendment. However, once the State approved an Amendment that action is final and cannot be changed.
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Which amendment was ratified in the shortest tim?
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26 - 3 months, 8 days
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Which amendment took the longest time to be ratified?
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27 - 202 years, 7 months, 12 days. Was originally offered by Congress in 1789 along the ten others that became the Bill of Rights in 1791.
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How long can Congress allow for ratification?
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A "reasonable time limit" -- usually 7 years but can be anything that is "reasonable".
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The first 10 amendments are known as?
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Bill of Rights
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Who proposed the Bill of Rights and why?
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Proposed by the first session of the First Congress in 1789 and were ratified by the States in 1791. These amendments arose out of the controversy surrounding the ratification of the Constitution itself. Many people agreed to support the constitution only if a listing of basic rights were added to it immediately.
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11th Amendment
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Immunity of States from certain lawsuits
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12th Amendment
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Changes in electoral college procedures (1804)
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13th Amendment
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Abolition of Slavery (1865)
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14th Amendment
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Citizenship, due process, equal protection (1868)
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15th Amendment
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No denial of vote b/c of race, color, or previous enslavement (1870)
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16th Amendment
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Power of Congress to tax incomes (1913)
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17th Amendment
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Popular election of US Senators (1913)
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18th Amendment
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Prohibition of Alcohol (1919)
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19th Amendment
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Woman Suffrage (1920)
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20th Amendment
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Changes of dates for start of presidential and congressional terms (1933)
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21st Amendment
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Repeal of Prohibition (18th Amendment) (1933)
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22nd Amendment
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Limit on Presidential terms (1951)
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23rd Amendment
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DC vote in presidential elections (1961)
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24th Amendment
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Ban of tax payment as voter qualification (1964)
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25th Amendment
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Presidential succession, VP vacancy, and presidential disability (1967)
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26th Amendment
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Voting age of 18 (1971)
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27th Amendment
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Congressional Pay (1992)
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Declares that no State may be sued in the federal courts by a citizen of another State or by the citizen of a foreign State.
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11th Amendment
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Was added to the Constitution in 1804 after the electoral college failed to produce a winner in the presidential election of 1800.
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12th Amendment. Thomas Jefferson became the 3rd President of the USA after a long and bitter fight in the House of Represntatives.
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Which three amnendments were the direct result of the Civil War?
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13(slavery),14(citizenship) and 15(right to vote).
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This amendment was proposed in 1947 soon after the Republicans gained control of Congress for the first time in 16 years. FDR (a Democrat) had won the Presidency 4 times over that time period.
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22nd Amendment
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"Old enough to fight, old enough to vote"
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26th Amendment.
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Spurred by the Vietnman War
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26th Amendment
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Forbids members of Congres from raising their own pay during that term.
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27th Amendment
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How many amendments were added to the Constitution during the 20th century?
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total = 12 (16th - 27th)
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What are three freedoms protected by the Bill of Rights?
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1. Freedom of belief and expression.
2. Freedom and security of the person. 3. Fair and equal treatment before the law. |
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How does the formal amendment process reflect federalism?
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Proposal takes place at the national level and ratification is a State-by-State matter. When the Constitution is amended that action represents the people's sovereign will. The people have spoken.
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What are the 5 basic liberties of 1st amendment
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Freedom of Religion, Speech, Press, Assembly, and Petition.
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What does freedom of religion mean?
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It is both a protection of religious thought and practice and a command for separation of church and state.
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What amendment guarantees people the right to express their views?
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1st - freedom of speech and press.
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What amendment guarantees the right to join with others in public meetings, political parties, and other groups to discuss public affairs and influence public policy?
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1st - freedom of assembly and petition.
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Guarantees the right to maintian a militia (today a National Guard)
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2nd Amendment
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Can the National government and States regulate the private use and possesion of firearms?
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Yes - while the 2nd Amendment states that people can bear arms, no cicvi right is guaranteed in absolute terms -as such they may be exercised only with regard to the rights of all other persons.
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What is the 3rd Amendment?
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No soldier shall be quartered in any house without the the consent of the owner. The British used to do this to the Colonials.
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What is the 4th Amendment?
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Searches and Seizures. Except for specific circumstances, police cannot search you and/or arrest you without a proper warrant(court order) obtained with probable cause (on reasonable grounds).
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What is the exclusionary rule?
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Developed by the Supreme Court and based on the 4th Amendment: Evidence obtained as a result of an unlawful search and seizure cannot be used at a court trial of the person from whom it was seized.
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What are the three parts of the 5th Amendment?
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Criminal Proceedings, Due Process and Eminent Domain.
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A person can be tried for a serious federal crime only if he or she has been indicted (charged) by a grand jury.
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part of 5th Amendment
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What is double jeopardy. Which amendment?
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5th - cannot be tried for same crime twice.
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Protects against self incrimination - the right to remain silent if that answer could lead to that person's prosecution.
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5th Amendment
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Prohibits unfair arbitrary action by the federal government.
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Due Process Clause of the 5th Amendment.
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How are the 5th and 14th amendments similar?
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The 5th Due Process Clause protects us against the Federal Government while the 14th protects us against the State Governments.
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What is Eminent Domain?
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5th Amendment - allows the Government to take private property for a public purpose as long as it pays a fair price for that property.
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What is the 6th Amendment?
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Criminal Proceedings.
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Right to a speedy trial by an impartial jury.
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6th
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The defendant must be informed of the charges upon which they will be tried.
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6th
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The right to cross-examine hostile witnesses.
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6th Amendment
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The right to require testimony of favorable witnesses.
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6th Amendment
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The right to be represented by an attorney.
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6th Amendment
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What does 7th Amendment concern?
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Civil Trials - only applies to civil cases (ie not criminal cases) heard in federal courts.
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What Amendment guarantees a right to trial by jury in any civil case in a federal court if the amount of money in that case exceeds $(what)?
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7th Amendment. $20 If both parties agree to a bench trial (a trial by judge without a jury) this can be waived.
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The 8th Amendment addresses what?
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Punishment for Crimes.
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This is the sum of money a person accused of a crime is required to post (deposit with the court) as a guarantee that he/she will appear in court at the proper time.
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Bail
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Which amendment requires that bail be set reasonably with respect to the seriousness of the crime?
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8th
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This amendment prohibits "cruel and unusual" punishment (ie too severe or harsh for the crime for which it was imposed)?
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8th
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Which amendment would protect you from getting the death penalty for stealing a candy bar?
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8th
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What is the 9th Amendment?
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Unenumerated rights
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What does unenumerated rights mean?
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9th: Just b/c the Constitution provides for many civil rights and provides for many protections against the government, does not mean that there are not other rights also held by the people.
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What is the 10th Amendment?
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Powers reserved to the States.
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What are the powers reserved to the States?
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The 10th identifies the area of power belonging to the States. All of those powers that the Constitution does not grant to the National Govt and at the same time does not forbid to the States, belongs to each of the States.
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What is the 11th Amendment?
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Suits against States - a State cannot be sued in a federal court.
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What does the 12th Amendment concern?
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Election of the President and VP - It used to be that each elector cast two ballots, each for a different person for President. Whoever had the majority of votes was named President and the other became VP. The 12th changed that and required each elector to cast one vote for President and a separate vote for VP.
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What is 13th Amendment?
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Slavery Abolished in the USA and all areas under its control.
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What are some exceptions to the 13th Amendment?
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Forced labor for those convicted of crimes, and compulsory service on juries and in the armed forces (draft.
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What is the 14th Amendment?
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Rights of Citizens.
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This amendment defines citizenship.
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14th
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Define the Due Process clause of the 14th Amendment.
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Forbids any State from acting in an unfair or arbitrary way.
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Define the Equal Protection Clause of the 14th Amendment.
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Forbids a State to disriminate against, draw unreasonable distinctions between, persons.
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This amendment prohibited payment of any debt contracted by the Confederate States and prohibited any compensation of former slave owners.
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14th
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This amendment limited the President's power to pardon those who had lead the Confederacy during the Civil War.
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14th
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What is the 15th Amendment?
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Right to Vote: Race, Color, Servitude. It does not guarntee the right to vote, but it does prevent States from discriminating on the basis of race, color and former servitude(slaves).
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What is the 16th Amendment?
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Gives Congress the power to levy an income tax.
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What is the 17th Amendment?
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Senators are now elected by the voters in each State. If a vacncy occurs the Governor must call for an election to fill the vacancy unless the Governor is authorized by the State to appoint a senator to serve until the next election.
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What is the 18th Amendment?
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Outlawed the making, selling, transporting, importing, or exporting of alcoholic beverages in the USA.
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What is the 19th Amendment?
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Equal Suffrage - Sex: No one can be denied the right to vote in any election in the USA on the account of his or her sex.
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What is the 20th Amendment?
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Commencement of Terms; Sessions of Congress; Death or Disqualification of President-Elect.
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Known as the Lame Duck Amendment?
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20th - shortens the length of time a President or member of Congress remain in office after they have been defeated for reelection.
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When does the President and VP take office? How about Congress? What Amendment requirs this?
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Jan 20 - Pres/VP; Jan 3 - Congress; 20th Amendment
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If the electoral college cannot decide, who chooses the president and who chooses the VP?
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House chooses the President and the Senate chooses the VP.
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What is the 21st Amendment?
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Repeals prohibition (18th Amendment) and gives to each State the right to regulate alcohol.
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What is unique about the 21st Amendment?
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The only amendment Congress has thus far submitted to the States for ratification by conventions.
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What is the 22nd Amendment?
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President may serve only two elected terms and may only serve for maximum of 10 years.
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Who is the only President elected to serve more than two terms?
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Franklin D. Roosevelt (FDR) - elected to four terms.
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What is the 23rd Amendment?
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Presidential Electors for the District of Columbia.
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How many electors does DC get in Presidential elections?
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23rd Amendment: the same number as the least populace State -- right now three electors -- but no more than the least populace State.
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What is the 24th Amendment?
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Right to vote in Federal elections - Tax Payment. Outlawed payment of any tax as a condition to vote in any federal election.
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What is the 25th Amendment?
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Presidential Succession (VP becomes Prsident), VP Vacancy(President must nominate a VP who is then confirmed by Congress), Presidential Inability (a procedure for removing President if he cannot perform duties).
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How many times has the VP position been vacant?
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16
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What is the 26th Amendment?
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Right to vote - Age. The minimum age for voting in the USA is 18 - a State can make the age lower but it must be at least 18.
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What is the 27th Amendment?
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Congressional Pay - prevents Congress from receieving a pay raise until after the next regular elections.
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