Chapter 3: The Constitution Flashcards

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Questions and Answers

What is popular sovereignty?

Political power is with the people.

What does limited government mean?

No government is all powerful.

What is constitutionalism?

Government must be conducted according to constitutional principles.

What is the rule of law?

Government and its officers are always subject to and never above the law. Signup and view all the answers

What does separation of powers refer to?

Basic powers are distributed among three distinct and independent branches of the government. Signup and view all the answers

What are checks and balances?

Each branch is subject to a number of constitutional checks or restraints by the other branches. Signup and view all the answers

What is judicial review?

Power of a court to determine the constitutionality of a governmental action. Signup and view all the answers

What court case led to the creation of judicial review?

Marbury vs. Madison. Signup and view all the answers

What does unconstitutional mean?

To declare illegal, null and void, gone. Signup and view all the answers

What is federalism?

Division of power among a central government and several regional governments. Signup and view all the answers

In a federation, what kinds of things are the central government responsible for?

Large issues such as declaring war, printing money, etc. Signup and view all the answers

In a federation, what kinds of things are the state governments responsible for?

Smaller, more local issues such as public school systems, marriage/divorce laws. Signup and view all the answers

What are the six basic principles upon which the constitution is built?

Popular sovereignty, limited government, separation of powers, checks and balances, judicial review, federalism. Signup and view all the answers

Which basic principle holds that government may do only those things that the people have given it power to do?

Limited government. Signup and view all the answers

When James Madison wrote, 'the accumulation of all powers...in the same hands...may be pronounced as the very definition of tyranny,' he was arguing on behalf of which constitutional principle?

Separation of powers. Signup and view all the answers

How does the legislative branch check and balance the executive?

Override presidential veto, impeach the president, must approve people president appoints, approve treaties, power of the purse. Signup and view all the answers

How does the executive branch check and balance the legislative?

Veto legislation, call special sessions of Congress. Signup and view all the answers

How does the judicial branch check and balance the legislative?

Declare congressional acts unconstitutional. Signup and view all the answers

How does the legislative branch check and balance the judicial?

Impeach judges, create lower court systems. Signup and view all the answers

How does the executive branch check and balance the judicial?

Appoint judges. Signup and view all the answers

Which constitutional principle was devised as a compromise between a powerful central government and a loose confederation of states?

Federalism. Signup and view all the answers

What is an amendment?

Changes in the constitution. Signup and view all the answers

What is a formal amendment?

Changes that become part of the written language of the constitution through one of the four methods. Signup and view all the answers

What is the Bill of Rights?

First 10 amendments of the constitution. Signup and view all the answers

What does the 1st amendment protect?

Freedoms of speech, religion, petition, press, assembly. Signup and view all the answers

What does the 2nd amendment protect?

Right to bear arms. Signup and view all the answers

What does the 3rd amendment state?

No quartering soldiers. Signup and view all the answers

What does the 4th amendment protect against?

No unreasonable search or seizure. Signup and view all the answers

What rights does the 5th amendment guarantee?

Indictment of grand jury, no double trial for same crime, right to remain silent, can't lose life, liberty, and property without due process of law, can't lose private property without fair compensation. Signup and view all the answers

What rights does the 6th amendment guarantee?

Speedy, public trial with impartial jury, right to know why accused, right to a lawyer, right to know witnesses against them. Signup and view all the answers

What does the 7th amendment guarantee?

Right to trial by jury where the value in controversy exceeds $20. Signup and view all the answers

What does the 8th amendment prohibit?

No cruel or unusual punishment, or excessive bail/fines. Signup and view all the answers

What does the 9th amendment declare?

Not all rights are listed in the Bill of Rights. Signup and view all the answers

What does the 10th amendment assert?

Powers reserved to the states if not listed. Signup and view all the answers

Study Notes

Key Constitutional Principles

Popular Sovereignty: Political power is vested in the people, enabling them to influence government authority.
Limited Government: Government actions are restricted by law, ensuring it cannot overstep its boundaries.
Constitutionalism: Governance operates according to established constitutional principles, promoting rule and order.
Rule of Law: Law applies equally to all individuals and officials, maintaining accountability of the government.

Structure of Government

Separation of Powers: Government is divided into three branches – legislative, executive, and judicial – to prevent concentration of power.
Checks and Balances: Each branch has the ability to limit the powers of the other branches, ensuring no single branch becomes too powerful.
Judicial Review: Courts possess the authority to assess the constitutionality of governmental actions, establishing legal precedents.

Federalism

Division of Power: Authority is shared between a central government and regional governments, allowing for localized governance.
Responsibilities:
- Central government handles major issues like war declaration and currency regulation.
- State governments manage local matters such as education and marriage laws.

Constitutional Foundations

Core Principles: Constitution is built on six fundamental principles: popular sovereignty, limited government, separation of powers, checks and balances, judicial review, and federalism.
Tyranny Prevention: Separation of powers essential for preventing tyranny, as highlighted by James Madison.

Legislative-Executive Relations

Legislative Checks on Executive: Includes overriding vetoes, impeachment powers, and approval functions for appointments and treaties.
Executive Checks on Legislative: The executive can veto legislation and summon special Congressional sessions.

Judicial-Executive Relations

Judicial Oversight of Legislative: Courts can declare congressional legislation unconstitutional.
Executive Oversight of Judicial: The executive can influence judicial appointments and decisions.

Amendments and Bill of Rights

Amendment Definition: Refers to formal changes made to the Constitution.
Formal Amendment Process: Four methods available for amending the Constitution, ensuring adaptability to societal needs.
Bill of Rights: Comprises the first ten amendments, safeguarding fundamental freedoms and rights.

Specific Amendments

1st Amendment: Protects freedoms of speech, religion, assembly, press, and petition.
2nd Amendment: Guarantees the right to bear arms.
3rd Amendment: Prohibits quartering soldiers in private homes without consent.
4th Amendment: Guards against unreasonable searches and seizures.
5th Amendment: Ensures legal rights related to grand jury indictments, protection against double jeopardy, and due process.
6th Amendment: Guarantees rights related to criminal prosecutions, including the right to a speedy trial and legal counsel.
7th Amendment: Protects the right to a jury trial in civil cases involving significant values.
8th Amendment: Prohibits cruel and unusual punishment, as well as excessive bail or fines.
9th Amendment: Acknowledges rights not specifically enumerated in the Constitution.
10th Amendment: States that powers not delegated to the federal government are reserved for states.

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Test your knowledge of key concepts from Chapter 3 on the Constitution with these flashcards. Each card highlights important terms such as popular sovereignty, limited government, and rule of law, providing definitions to help reinforce your understanding.