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80 Cards in this Set

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What is the Bill of Rights?
The first ten amendmeents of the Constitution.
Why did some state refuse to ratify the Consitution without a Bill of Rights? (Include pupose of Bill of Rights)
Because the Constitution guarunteed rights and liberties. Some states thought that it didn't offer greater protection to the rights of the people.
When was the Bill of Rights ratified?
In 1791 by James Madison
What is the process for ratifying the Constitution?
Get 75% of legislatures of the state to agree in favor. Or in a convention 75% of the states must agree (38 states).
Which of the first ten amendments applies to specific individual rights?
Amendments one throught eight.
What is a fair and regular set of legal steps to be followed with an accused person, from arrest throught trial called?
Due Process
Which amendment in the bill of Rights protects the states again the federal government taking away any of the states' Constitutional rights and powers?
Amendment ten
Evidence strong enough to establish presumption but not proof that an illegal activity took place is what?
Probably Cause
What law says the if someone commits an act, which at the time was legal, but was declared illegal afther the action, then the Bill of Rights provides protection from punishment.
Ex Post Facto Law
What prevents the government from keeping people in jail for long periods of time while not actually charging or trying them?
Speedy Trial
What orders and officer of the court to bring a prisoner before the court and explain why he or she is being held?
Writ of Habeas Corpus
A group of citizens selected to hear both sides of a court case and make a decision based on the evidence is called what?
An Impatial Jury
Speedy Trial, Writ of Habeas Corpus, and Impatial Jury falls under which amendment?
The Sixth Amendment
The name of the paper that gives law officers the right to enter and search your home without permission is called what?
A Search Warrant
What are the five basic civil liberties guaranteed by the First Amendment?
Freedom of Religion, Speech, Press, Assemble, and Petition
Under the Sixth Amendment, all citizens accused of a serious crime are guaranteed to what?
Right to a Counsel-Lawyer
Which amendment gives people the right to bear arms or own a gun?
The Second Amendment
What law requires a waiting period and background check in order to buy a handgun/rifle?
The Brady Law
Which amendment guarantees the rights of people are not only those rights listed in the Constitution? Example?
The Ninth Amendment, the right to public schooling
Which amendment prohibits the quartering of soldiers in private homes without the consent of the owners in peacetime?
The Third Amendment
What guarantees a person can not be tried twice for the same offense?
Double Jeopardy
Which amendment is Double Jeopardy under?
The Fifth Amendment
Which amendment in the Bill of Rights gives those accused of a crime the right not to testify in a court of law?
The Fifth Amendment (say "Plead the Fifth" or "Take the Fifth"
Why should taxpayers have to protect members of the American Nazi Party, Klu Klux Klan, or any other hate group when they wish to march in public/speak at a rally?
Because if a riot starts they must be protected (they are Americans too). Must be protected by the First Amendment.
Which amendment protects us against censorship?
The First Amendment
Which amendment protects people against wiretaps or electronic snooping?
The Fourth Amendment
"You have the right to remain silent, you have the right to an attorney, if you can not aford an attorney, then the state will provide one....." What are these rights called?
Miranda Rights
Does the Bill of Rights guarantee any rights to women or other minoity groups?
No
Which amendment gives students the right to have meetings in their homes to protest peaceably the amount of homework teachers assign?
The First Amendment
Has the Supreme Court ever used the Ninth Amendment? What's an example?
Yes, public schooling.
Where is the original Bill of Rights located?
In Washington D.C.
What is the process for amending the Constitution?
Congress propose an amendment by 67% of EACH houses' votes (67 senators and 290 representatives) or 67% of the state legislatures request amendment.
List eight powers delegated to the federal government.
Declare War
Maintain Armed Forces
Regulate Interstate and Foreign Trade
Admit New States
Establish Post Offices
Set Standard Weights and Measures
Coin Money
Establish Foreign Policy
List six concurrent powers.
Maintain Law and Order
Levy Taxes
Borrow Money
Charter Banks
Establish Courts
Provide for Public Welfare
List six reserved powers.
Establish and Maintain Schools
Establish Local Government
Conduct Corporate Laws
Regulate Business within the State
Make Marriage Laws
Provide for Public Safety
Each branch of fovernment has its own duties. Checks and Balances, Federalism, Separation of Powers, or Bill of Rights?
Separation of Powers
Each branch of government has some power to block the other branches. Checks and Balances, Federalism, Separation of Powers, or Bill of Rights?
Checks and Balances
Congress makes laws and the president carries them out. Checks and Balances, Federalism, Separation of Powers, or Bill of Rights?
Federalism
The people have freedom of speech, press, and religion. Checks and Balances, Federalism, Separation of Powers, or Bill of Rights?
Bill of Rights
Only certain power are granted to the national government. Checks and Balances, Federalism, Separation of Powers, or Bill of Rights?
Federalism
The federal courts interpret the Constitution. Checks and Balances, Federalism, Separation of Powers, or Bill of Rights?
Separation of Powers
Congress can override the president's veto of a law. Checks and Balances, Federalism, Separation of Powers, or Bill of Rights?
Checks and Balances
All powers not granted to the national government or denied to the states are reserved for the states. Checks and Balances, Federalism, Separation of Powers, or Bill of Rights?
Federalism
Treaties made by the president cannot be put into effect unless apporved by the Senate. Checks and Balances, Federalism, Separation of Powers, or Bill of Rights?
Checks and Balances
Due Process if guaranteed to everyone suspected of committing a crime. Checks and Balances, Federalism, Separation of Powers, or Bill of Rights?
Bill of Rights
President Bush can recommend legislation,
but only congress can make laws.
President Bush appoints a new Supreme Court justice to replace one who retired,
but only congress can confirm the appointment.
The Supreme Court declared a law passed by Congress unconsitutional
but Congress can make amendments to overrule judicial decisions.
Both houses of Congress passed a bill allowing scientists to use stem cell research. President Bush is against stem cell research but the bill will be place on his desk
and President Bush can veto the bill.
President Franklin D. Roosevelt declared war on Japan December 7, 1941
but only the Legislative Branch can declare war.
President Clinton lied under oath and withheld evidence
and the Senate may impeach the president.
President Bush needed an additional $87 billion to continue the war effort in Iraq
and Congress can withhold funding for presidential initiatives.
President Bush vetoed a bill passes by both houses of Congress and sent the bill back to Congress
but Congress may override the veto.
PresidentBush's Secretary of Education retired this week and the president has to replace him. President Bush notified my yesterday that I will replace Rod Paige,
but Congress may reject or comfirm appointments.
A Supreme Court justice took a bribe to vote a certain way on a decision facing the court. The justice was videotaped accepting the bribe,
and the Legislative Branch may impeach Supreme Court judges.
Both houses of Congress take summer vacation during the month of August. The Capitol building of 100 Senators and 435 Representatives is empty. Congress isn't in session. A terrorist group from Afghanistan attacked American soil. President Bush wants to declare war on Afghanistan but Congress is on summer vacation,
the President can adjourn Congress in certain situations.
Congress passes a law legalizing separate schools for whites and minorities,
but the Supreme Court can declare laws unconsitutional.
President Bush negotiates a treaty with North Korea to disarm all of their nuclear weapons and become a democratic nation,
and Congress must ratify the treaty.
What is the bill of rights and what does it protect?
The Bill of Rights is the first ten amendments and it protects the federal government from depriving people of life, liberty, or property, without due process of law.
What does the first amendment generally state?
All people are guarunteed the right to life, liberty, press, assemble, and petition.
What does the second amendment generally state?
The country has the right to a military and the right to bear Arms.
What does the third amendment generally state?
No soldiers can quarter in someone's house without consent of the owner.
What does the fourth amendment generally state?
Possesions may not be search without a warrant. A warrant may not be given without a probably cause.
What does the fifth amendment generally state?
No one can be put on trial for a serious crime unless a grand jury that the evidence justifies doing so. A person can't be tried twiece for the same crime.
What does the sixth amendment generally state?
A person must recieve a promt trial, and a trial by a jury chosen from the state a nd district where the crime was commited. An accused person must be told why he or she is being tried. An accused person has the right to a lawyer.
What does the seventh amendment generally state?
Guaruntees a trial by jury when more than $20 is involved.
What does the eighth amendment generally state?
Excessive bail shouldn't be required, or excessive fines imposed, or cruel and unusual punishments inflicted.
What does the ninth amendment generally state?
Rights that aren't listed in the Constitution shouldn't be denied to the people.
What does the tenth amendment generally state?
The powers not given to the national government are given to the state and the people.
What was the Albany Plan of Union and who drafted it, when?
It was a plan for permanently uniting the colonies by Benjamin Franklin. (1754)
What is a constitution?
A set of laws that defines the basic structure and powers of a government.
Who are federalists?
Federalists were supporters of the new constitution. Usually they were wealthy lawyers, merchants, and planters.
Who were antifederalists?
Those who opposed the new Constitution. They mainly came from rural areas and were less wealthy than federalists.
What is interstate commerce?
Business and trade between states.
What are the articles?
First-Legislative Branch
Second-Executive Branch
Third-Judicial Branch
Fourth-Relations Among States
Fifth-Amending The Constitution
Sixth-Rold Of National Government
Seventh-Retification Of The Constitution
What were the Articles of Confederation? When were they written? What was the point?
They were America's first national constitution. They were written in 1777. The point was to stress independece of the separate states.
How man amendments are there? How many times have the amendments been changed?
There's 27 amendments. They've been changed 27 times.
What is probable cause?
Enough evidence to accuse someone of doing something.
How many states must agree to ratify the Constitution in order to actually make the change.
Nine out of ten states had to agree to ratify the Constitution.
How many states must agree in favor to modify the Constitution?
38 state must agree in favor.