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Questions and Answers
What does the supremacy clause establish about the US Constitution?
What does the supremacy clause establish about the US Constitution?
How many constitutions are currently in effect in the United States?
How many constitutions are currently in effect in the United States?
Which ancient code is not considered a constitution in the modern sense?
Which ancient code is not considered a constitution in the modern sense?
What distinguishes the American constitutional model from the French model?
What distinguishes the American constitutional model from the French model?
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What was the first constitution in effect in the United States?
What was the first constitution in effect in the United States?
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What does the phrase 'social contract' refer to in the context of the Constitution?
What does the phrase 'social contract' refer to in the context of the Constitution?
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Which statement about the US Constitution is accurate?
Which statement about the US Constitution is accurate?
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What must state constitutions do in relation to the US Constitution?
What must state constitutions do in relation to the US Constitution?
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What is the primary purpose of the Preamble of the US Constitution?
What is the primary purpose of the Preamble of the US Constitution?
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Which of the following is NOT one of the three branches of government outlined by Montesquieu?
Which of the following is NOT one of the three branches of government outlined by Montesquieu?
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What does the rule of precedent in legal decisions entail?
What does the rule of precedent in legal decisions entail?
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How many amendments have been made to the US Constitution?
How many amendments have been made to the US Constitution?
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What was the Articles of Confederation primarily replaced by?
What was the Articles of Confederation primarily replaced by?
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Which feature is a critical aspect of the checks and balances system?
Which feature is a critical aspect of the checks and balances system?
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Which article of the US Constitution describes the Congress?
Which article of the US Constitution describes the Congress?
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What does the term 'tyranny' refer to in the context of government?
What does the term 'tyranny' refer to in the context of government?
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What is the main purpose of impeachment in the context of the U.S. Constitution?
What is the main purpose of impeachment in the context of the U.S. Constitution?
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Which Article of the Constitution discusses the process of amending the Constitution?
Which Article of the Constitution discusses the process of amending the Constitution?
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What was the significance of the 'three-fifths compromise'?
What was the significance of the 'three-fifths compromise'?
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What is the Bill of Rights?
What is the Bill of Rights?
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What does Article 6 of the Constitution pertain to?
What does Article 6 of the Constitution pertain to?
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Why is the U.S. Constitution referred to as a federalist constitution?
Why is the U.S. Constitution referred to as a federalist constitution?
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When did the first ten amendments, known as the Bill of Rights, become part of the Constitution?
When did the first ten amendments, known as the Bill of Rights, become part of the Constitution?
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What was the purpose of the 'ratification deal' among the founders?
What was the purpose of the 'ratification deal' among the founders?
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What makes the US Constitution unique compared to other constitutions?
What makes the US Constitution unique compared to other constitutions?
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What year was the US Constitution adopted?
What year was the US Constitution adopted?
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Which philosophical idea underpins the concept of natural rights in the US Constitution?
Which philosophical idea underpins the concept of natural rights in the US Constitution?
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According to Jefferson, what is the purpose of government?
According to Jefferson, what is the purpose of government?
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What do citizens have the right to do if their government becomes destructive?
What do citizens have the right to do if their government becomes destructive?
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Which of the following concepts is NOT a source of the US Constitution's philosophy?
Which of the following concepts is NOT a source of the US Constitution's philosophy?
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How many words is the US Constitution approximately?
How many words is the US Constitution approximately?
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Which document articulates the idea that all men are created equal?
Which document articulates the idea that all men are created equal?
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What significant change did the 12th Amendment introduce to the election process?
What significant change did the 12th Amendment introduce to the election process?
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Which amendments are referred to as the Reconstruction Amendments?
Which amendments are referred to as the Reconstruction Amendments?
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What did the 13th Amendment accomplish?
What did the 13th Amendment accomplish?
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Which of the following was a result of the 19th Amendment?
Which of the following was a result of the 19th Amendment?
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What did the 18th Amendment introduce?
What did the 18th Amendment introduce?
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What is unique about the 21st Amendment compared to others?
What is unique about the 21st Amendment compared to others?
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What does the 27th Amendment regulate?
What does the 27th Amendment regulate?
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What is considered a method to effectively kill off an amendment?
What is considered a method to effectively kill off an amendment?
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What does judicial review allow the Supreme Court to do?
What does judicial review allow the Supreme Court to do?
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In what year did the concept of judicial review enter the American constitutional tradition?
In what year did the concept of judicial review enter the American constitutional tradition?
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What was the significance of the Marbury v. Madison case?
What was the significance of the Marbury v. Madison case?
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Which Supreme Court decision ruled against the legality of segregation?
Which Supreme Court decision ruled against the legality of segregation?
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What principle did the Dred Scott decision reinforce regarding slavery?
What principle did the Dred Scott decision reinforce regarding slavery?
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Which doctrine was established by the Plessy v. Ferguson case?
Which doctrine was established by the Plessy v. Ferguson case?
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Which court decision uniquely overturned a previously set precedent?
Which court decision uniquely overturned a previously set precedent?
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How is customary law typically defined in the context of judicial review?
How is customary law typically defined in the context of judicial review?
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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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