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Questions and Answers

What does the supremacy clause establish about the US Constitution?

  • It serves as a guideline rather than a rule.
  • It can be overridden by international treaties.
  • It is the supreme law of the land. (correct)
  • It is open to interpretation by state laws.
  • How many constitutions are currently in effect in the United States?

  • 50
  • 3
  • 51 (correct)
  • 1
  • Which ancient code is not considered a constitution in the modern sense?

  • The Articles of Confederation
  • The Magna Carta
  • Hammurabi's laws (correct)
  • The US Constitution
  • What distinguishes the American constitutional model from the French model?

    <p>The American model sustains one constitution over a long period.</p> Signup and view all the answers

    What was the first constitution in effect in the United States?

    <p>The Articles of Confederation</p> Signup and view all the answers

    What does the phrase 'social contract' refer to in the context of the Constitution?

    <p>The relationship between government and the citizens.</p> Signup and view all the answers

    Which statement about the US Constitution is accurate?

    <p>It holds a unique status among constitutions worldwide.</p> Signup and view all the answers

    What must state constitutions do in relation to the US Constitution?

    <p>They must comply with the federal Constitution.</p> Signup and view all the answers

    What is the primary purpose of the Preamble of the US Constitution?

    <p>To provide a statement of purpose for the new government</p> Signup and view all the answers

    Which of the following is NOT one of the three branches of government outlined by Montesquieu?

    <p>Bureaucratic</p> Signup and view all the answers

    What does the rule of precedent in legal decisions entail?

    <p>Past decisions guide future rulings in similar cases</p> Signup and view all the answers

    How many amendments have been made to the US Constitution?

    <p>27</p> Signup and view all the answers

    What was the Articles of Confederation primarily replaced by?

    <p>The US Constitution</p> Signup and view all the answers

    Which feature is a critical aspect of the checks and balances system?

    <p>Branches retain distinct powers while overseeing each other's actions</p> Signup and view all the answers

    Which article of the US Constitution describes the Congress?

    <p>Article I</p> Signup and view all the answers

    What does the term 'tyranny' refer to in the context of government?

    <p>The concentration of power in one branch</p> Signup and view all the answers

    What is the main purpose of impeachment in the context of the U.S. Constitution?

    <p>To legally remove federal officials for misconduct.</p> Signup and view all the answers

    Which Article of the Constitution discusses the process of amending the Constitution?

    <p>Article 5</p> Signup and view all the answers

    What was the significance of the 'three-fifths compromise'?

    <p>It allowed slaves to be counted for tax purposes.</p> Signup and view all the answers

    What is the Bill of Rights?

    <p>The first ten amendments to the Constitution.</p> Signup and view all the answers

    What does Article 6 of the Constitution pertain to?

    <p>General provisions and the supremacy clause.</p> Signup and view all the answers

    Why is the U.S. Constitution referred to as a federalist constitution?

    <p>It regulates the rights and responsibilities of the federal government.</p> Signup and view all the answers

    When did the first ten amendments, known as the Bill of Rights, become part of the Constitution?

    <p>1791</p> Signup and view all the answers

    What was the purpose of the 'ratification deal' among the founders?

    <p>To guarantee civil liberties in a block of amendments.</p> Signup and view all the answers

    What makes the US Constitution unique compared to other constitutions?

    <p>It was the first democratic constitution in the modern world.</p> Signup and view all the answers

    What year was the US Constitution adopted?

    <p>1789</p> Signup and view all the answers

    Which philosophical idea underpins the concept of natural rights in the US Constitution?

    <p>Natural rights theory</p> Signup and view all the answers

    According to Jefferson, what is the purpose of government?

    <p>To secure rights and provide essential services.</p> Signup and view all the answers

    What do citizens have the right to do if their government becomes destructive?

    <p>Alter or abolish the government.</p> Signup and view all the answers

    Which of the following concepts is NOT a source of the US Constitution's philosophy?

    <p>Divine right of kings</p> Signup and view all the answers

    How many words is the US Constitution approximately?

    <p>8,000 words</p> Signup and view all the answers

    Which document articulates the idea that all men are created equal?

    <p>The Declaration of Independence</p> Signup and view all the answers

    What significant change did the 12th Amendment introduce to the election process?

    <p>It allowed for a separate ballot for president and vice president.</p> Signup and view all the answers

    Which amendments are referred to as the Reconstruction Amendments?

    <p>13th, 14th, and 15th Amendments</p> Signup and view all the answers

    What did the 13th Amendment accomplish?

    <p>It prohibited slavery.</p> Signup and view all the answers

    Which of the following was a result of the 19th Amendment?

    <p>Women gained the right to vote.</p> Signup and view all the answers

    What did the 18th Amendment introduce?

    <p>A ban on the production and selling of alcoholic beverages.</p> Signup and view all the answers

    What is unique about the 21st Amendment compared to others?

    <p>It repealed another amendment.</p> Signup and view all the answers

    What does the 27th Amendment regulate?

    <p>Congressional pay raises.</p> Signup and view all the answers

    What is considered a method to effectively kill off an amendment?

    <p>Failing to vote on it in state legislatures within the timeframe.</p> Signup and view all the answers

    What does judicial review allow the Supreme Court to do?

    <p>Declare any act of Congress or presidential decree unconstitutional</p> Signup and view all the answers

    In what year did the concept of judicial review enter the American constitutional tradition?

    <p>1803</p> Signup and view all the answers

    What was the significance of the Marbury v. Madison case?

    <p>It set a precedent for judicial review.</p> Signup and view all the answers

    Which Supreme Court decision ruled against the legality of segregation?

    <p>Brown v. Board of Education</p> Signup and view all the answers

    What principle did the Dred Scott decision reinforce regarding slavery?

    <p>Slavery is permitted across all states regardless of borders.</p> Signup and view all the answers

    Which doctrine was established by the Plessy v. Ferguson case?

    <p>Separate but equal doctrine</p> Signup and view all the answers

    Which court decision uniquely overturned a previously set precedent?

    <p>Brown v. Board of Education</p> Signup and view all the answers

    How is customary law typically defined in the context of judicial review?

    <p>Laws that exist solely through tradition and precedent</p> Signup and view all the answers

    Study Notes

    Introduction

    • A constitution outlines a country's governance, defining rights and responsibilities for both citizens and the government.
    • Two main democratic traditions exist: the American model (long-term single constitution) and the French model (new constitution with regime changes).

    The US Constitution

    • The US Constitution is the supreme law of the land, meaning no other law or court decision can contradict it.
    • This supremacy is stated in the supremacy clause.
    • Several attempts have been made to highlight the uniqueness of the US Constitution by claiming it's the oldest or only written constitution.

    The Constitution's Origins

    • The US Constitution's structure references previous documents, including Aristotle's natural rights theory, Rousseau's social contract, Montesquieu's separation of powers, British common law, and Founding Fathers' ideas.

    Natural Rights

    • Natural rights are inherent rights, such as life, liberty, and the pursuit of happiness.

    The Social Contract

    • Governments are formed to protect natural rights, with power derived from the consent of the governed.
    • Individuals relinquish some rights in exchange for government services.
    • Governments may be altered or abolished if they become destructive of those rights

    Separation of Powers

    • The Constitution divides governmental powers into three branches: legislative, executive, and judicial.
    • The checks and balances system prevents any single branch from dominating others.

    The Bill of Rights

    • The first 10 amendments of the Constitution comprise the Bill of Rights, defining fundamental rights and liberties.

    Amendment Process

    • Amendments can add to or change the constitution.
    • Amendments must be ratified before taking effect.

    Constitutional Compromises

    • The Constitution reflects compromises between different groups and states.
    • This includes representation in the legislative branch and counting enslaved individuals.

    The Rule of Precedent

    • The Supreme Court uses precedent (previous court rulings) in their decisions.
    • Judicial review is the Supreme Court's right to review and deem legislative or executive actions unconstitutional.
    • Key Supreme Court decisions, such as Marbury v. Madison (1803), established this precedent.
    • Dred Scott v. Sandford (1857) was a highly controversial ruling concerning slavery
    • Plessy v. Ferguson (1896) established "separate but equal".
    • Brown v. Board of Education (1954) overturned Plessy v. Ferguson.
    • Roe v. Wade (1973) legalized abortion, a highly controversial decision.

    The Three Parts of US Constitution

    • The Preamble states the reasons for the new constitution
    • The seven articles make up the body of the constitution (describing legislative, executive, and judicial branches).
    • Twenty-seven amendments were added.

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