Us Constitution Exam

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The Preamble

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states the purpose of the Constitution.

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wrote the Declaration of Independence in 1776 at the Second Continental Congress

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Thomas Jefferson

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The colonies won their independence from England during the

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Revolutionary War

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Before the adoption of the Constitution, the newly independent states were joined by

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the Articles of Confederation.

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The Constitutional Convention met in

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Philadelphia.

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“Highest law of the land”

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Constitution

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Father of the Constitution

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James Madison

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The Constitution needed the approval of

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9 states.

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Power in the United States government is divided into

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three branches.

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Congress is divided into

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two houses.

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How many articles in the U.S. Constitution?

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7

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Qualifications of the executive branch

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35 years old, lived in US 14 years

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Federalism

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sharing of power between a national government and its subdivisions

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Checks and balances

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a system established by the constitution that prevents any branch of government from becoming too powerful

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Bill of Rights

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first ten amendments to the constitution added in 1791

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How many amendments?

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27

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• First Amendment

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Freedom of religion, speech, press, assembly, petition the government for a redress of grievances

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• Second Amendment

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Right to bear arms

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Third Amendment

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Housing of Soldiers -People cannot be forced to feed and shelter soldiers in their homes

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Fourth Amendment

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Search and seizure
People must be safe from police searches and arrests in their homes. To search a home, to arrest someone, or to remove evidence, a court order or warrant must be issued by a judge. A judge can only issue a warrant with good reason. Evidence that is seized (taken) in violation of this amendment cannot be used in court.

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• Fifth Amendment

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Rights in Criminal Cases: right to a grand jury, protection from double-jeopardy, no self incrimination, entitled to due process of law, eminent domain

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6th Amendment

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Right to a fair trail - must be told what they are charged with, speedy and public trail, right to lawyer, right to question witnesses

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7th Amendment

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Rights in Civil Cases - People have the right to a jury trial in civil cases in federal courts. Civil cases are about non-criminal problems, for example a divorce, damages in a car crash, or somebody suing somebody else.

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8th

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Bail, Fines and punishment
A person found guilty can not receive cruel or unusual punishment.
Excessive bail and excessive fines cannot be charged

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9th

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Other rights not mentioned
People have many other rights that are not listed in the Constitution. Even if not listed, people still have these rights.

Roe v. Wade (Privacy)

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10th

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Powers reserved to the states
Powers not given to the federal government and not kept from the states belong to the state governments and to the people.

States can protect state level rights

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11th -

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file suit against state

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12th

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President and VP have to declare they are running for office

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13th

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Slavery prohibited

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14th -

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citizen if born in the US

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15th

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Right of blacks to vote
People (men) have the right to vote no matter what race or color. This amendment gave former slaves the right to vote. Women did not yet have the right to vote.

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16th

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Income tax
Congress can collect taxes on income .

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17th

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Election of senators
This amendment changed the way senators were elected. It said that people of the state would vote directly for senators.

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18th

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Prohibition of liquor
This amendment made all alcoholic drinks illegal and the selling, making, importing, and exporting of liquor illegal. (This amendment was repealed by Amendment 21.)

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19th

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Right of women to vote

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20th

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Beginning and ending dates for elected officials
The terms of the president and vice president end on January 20. The terms of Congress end at noon on January 3. The new Congress meets on January 3 at noon.

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21st

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Repeal of Prohibition
Amendment 18 was repealed. Alcoholic drinks were no longer illegal.

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22nd

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President limited to two terms
No one can be elected to be president more than twice.

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23rd

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Voting in Washington, D. C.
People living in Washington, D.C. can vote for the president and vice president. Washington D.C. can have electoral college votes.

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24th

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End to poll taxes
People cannot be charged a poll tax or any other tax to vote.

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25th

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Presidential succession
If the president dies, the vice president becomes president. If the office of vice president becomes empty, the president nominates someone to become vice president. That person must then be approved by a majority of both houses of Congress.

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26th

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Voting at age 18
The voting age for all elections was lowered from 21 to 18.

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27th

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Congressional pay
Salary increases for members of Congress cannot go into effect until after the next congressional election.

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The number of representatives each state has in the House depends on the

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population of the state.

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U.S. Senators are elected for

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six years.

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Members of the House of Representatives are elected for

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two years

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? members in the House of Representatives.

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435

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How many US Senators?

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100

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All revenue (money) bills originate in

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the House

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The power to declare war belongs to the

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Congress

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# of supreme court justices

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9

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President can declare war?

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False

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Supreme Court Justices serve

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for life

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What power does the president have regarding the federal courts?

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he/ she may appoint judges

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What is the supreme law of the land?

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constitution

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Extradition

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surrender a criminal to be tried in another state

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What year was the Constitution written?

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1787

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What fraction of Congress must agree in order for an amendment to be ratified?

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¾

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How does citizenship clause affect travelers?

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entitles them to privileges and immunities of that state

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What fraction of congress must agree in order for an amendment to be proposed?

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2/3

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What three things does Section 3 – New States, allow Congress to do?

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1. admit new states
2. establish foreign lands under the US
3. make new national parks

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What clause states that each state will honor every other state’s public acts, records and legal reports?

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full faith and credit

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Name 3 guarantees made to the states

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1. republican form of government 2. protection from invasion 3. support against domestic violence

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What is the power of the courts over the other two branches called?

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judicial review

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A disagreement about somethings, a court case

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controversy

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In protest of the high taxes places on farmers to help pay off the debt from the Revolutionary War _____ helped American leaders realize the Articles of Confederation didn’t work

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Shay’s Rebellion

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Branch of government responsible for interpreting the laws and determining whether or not they follow the Constitution. Created a national court system headed by the Chief Justice and the Supreme Court

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Judicial Branch

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This document requires the King of England to get Parliament’s approval to establish laws

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Magna Carta

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This Document, signed by the Pilgrims, gave settlers the power to frame and enact laws and was the first step towards democracy in America

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Mayflower Compact

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Person who supported ratifying the Constitution to create a strong central government. Let by Alexander Hamilton, John Jay and James Madison

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Federalist

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Branch responsible for making laws – Also known as Congress with the House of Representative and the Senate.

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Legislative Branch

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Signed in 1783, formally ended the Revolutionary War and recognized US independence

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Treaty of Paris

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Religious movement in American colonies in which people were inspired to help others and believe in the equality of people, led to greater religious and political freedom

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Great Awakening

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Ability the President has to stop a bill from becoming a law. Can be cancelled out by a 2/3 vote in each house of Congress

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veto

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First list of laws made in 1781 for the newly created U.S. Gave all states equal power but created no president and no judicial system

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Articles of Confederation

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of limited government power in which the people choose their representatives to the government and are the ultimate source of government power

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republicanism

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Person opposing ratification of the Constitution because it made the central (federal) government too strong. Led by Thomas Jefferson, Mercy Otis Warren, and others

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Anti-Federalist

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ability to print money, declare war, set up courts, impeach, post offie, highways, pass copyright and patent laws, admit new states and territories, pass immigration laws, control business between states and trade between the US and other countries

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Congress's Power

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• Planned Parenthood v. Casey

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- a 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of “strict scrutitny” of any restraints on a “fundamental right” to one of “undue burden” that permits considerably more regulation.

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• Roth v. United States

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a 1957 Supreme Court decision ruling that “obscenity is not within the area of constitutionally protected speech or press”

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• Scott v. Sandford –

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a 1857 Supreme Court decision ruling that a slave who had escaped to a free state enjoyed no rights as a citizen and that Congress had no authority to ban slavery in the territories. This decision invalidated the Missouri Compromise and paved the road toward the Civil War

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• School District of Abington Township, Pennsylvania v. Schempp

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1963 SC decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment

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• Miami Herald Publishing Company v. Tornillo

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– a 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media

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• Near v. Minnesota

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– the 1931 SC decision holding that the First Amendment protects newspapers from prior restraint

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• Gitlow v. New York

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The 1925 SC decision holding that freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the 14th Amendment from impairment by the states” as well as by the federal government - overturned Barron v Batimore ( the 1833 SC decision holding that the Bill of Rights restrained only the national government, not the states and citie)

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• Miller v. California

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– a 1973 SC decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a prurient interest, being patently offensive, and lacking in serious literary, artistic, political, or scientific value

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• Marbury v. Madison

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the 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the US Constitution. The decision established the Court’s power of judicial review over acts of congress, in this case the Judiciary Act of 1789

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• McCulloch v. Maryland

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– 1819 Supreme Court decision that established the supremacy of the national government over state governments. Held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.

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• Gibbons v Ogden

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1824 Supreme Court case in which the Court interpreted very broadly the clause in Article I. Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity. Federal government has sole power over interstate commerce

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• Texas v. Johnson

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– A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment

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• Gideon v. Wainwright

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– The 1963 SC decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer. This decision was based on rights guaranteed in the 6th Amendment.

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• New York Times v. Sullivan

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1964 SC decision that established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made with “actual malice” and reckless disregard for the truth.

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• Roe v. Wade

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a 1972 SC decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother’s health in the second trimester, and permitted states to protect the fetus during the third trimester, established a women’s right to choose, made abortion legal in all 50 states

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• Mapp v. Ohio

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1961 SC decision ruling that the 14th Amendment’s protection against unreasonable searching and seizures must be extended to the states as well as to the federal government

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• Brown v. Board of Education of Topeka Kansas

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Repealed Plessy v. Ferguson. Established that separate was inherently unequal

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• U.S. v Nixon

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Court ruled that executive privilege did not apply in a criminal trail

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• Fletcher v. Peck

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Gave US SC the authority to invalidate state laws that conflict with federal laws

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• Muller v. Oregon

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– Established a 10 hour working day for women, argued that the number of hours women worked affected their morals

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• Miranda v. Arizona

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Landmark case of the Warren court which requires all peace officers to inform suspects of their constitutional rights at the time of their arrest

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• McCulloch v. Maryland

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– Marshall court rules that the “power to tax is the power to destroy” and that the state of Maryland could not tax the Bank of the United States

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• Dred Scott v. Sanford

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ruled unconstitutional the already repealed Missouri Compromise. Established that a slave is a slave no matter where in the United States he lives

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• Wabash Railroad Decision

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affirmed the federal power to regulate interstate commerce when the court ruled that a state’s attempt to regulate railroad monopolies was unconstitutional

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• Engel vs. Vitale

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school officials cannot lead students in prayer

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• Giddeon v. Wainwright

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required a lawyer be provided to felons unable to afford their own

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• Bakke vs. Board of Regents of California

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upheld Affirmative Action

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• Plessy v. Ferguson

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separate but equal

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• Worcester vs. Georgia

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only the federal government controlled affairs on reservations

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Cohen v Virginia

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recognized that state courts must submit to federal jurisdiction