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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. (B)</p> Signup and view all the answers

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

<p>The Articles of Confederation (C)</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. (B)</p> Signup and view all the answers

Which statement about the US Constitution is accurate?

<p>It holds a unique status among constitutions worldwide. (A)</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. (A)</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 (D)</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 (C)</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 (D)</p> Signup and view all the answers

How many amendments have been made to the US Constitution?

<p>27 (A)</p> Signup and view all the answers

What was the Articles of Confederation primarily replaced by?

<p>The US Constitution (B)</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 (D)</p> Signup and view all the answers

Which article of the US Constitution describes the Congress?

<p>Article I (D)</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 (B)</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. (B)</p> Signup and view all the answers

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

<p>Article 5 (C)</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. (B)</p> Signup and view all the answers

What is the Bill of Rights?

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

What does Article 6 of the Constitution pertain to?

<p>General provisions and the supremacy clause. (D)</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. (B)</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 (C)</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. (D)</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. (D)</p> Signup and view all the answers

What year was the US Constitution adopted?

<p>1789 (C)</p> Signup and view all the answers

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

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

According to Jefferson, what is the purpose of government?

<p>To secure rights and provide essential services. (A)</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. (D)</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 (B)</p> Signup and view all the answers

How many words is the US Constitution approximately?

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

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

<p>The Declaration of Independence (B)</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. (B)</p> Signup and view all the answers

Which amendments are referred to as the Reconstruction Amendments?

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

What did the 13th Amendment accomplish?

<p>It prohibited slavery. (C)</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. (D)</p> Signup and view all the answers

What did the 18th Amendment introduce?

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

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

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

What does the 27th Amendment regulate?

<p>Congressional pay raises. (B)</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. (D)</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 (B)</p> Signup and view all the answers

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

<p>1803 (A)</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. (D)</p> Signup and view all the answers

Which Supreme Court decision ruled against the legality of segregation?

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

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

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

Which court decision uniquely overturned a previously set precedent?

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

Flashcards

Social Contract

An agreement between the government and the people, outlining rights and responsibilities for both.

US Constitution

The supreme law of the land in the United States, outlining the structure and powers of the government and guaranteeing certain rights to citizens.

Supremacy Clause

A clause in the US Constitution stating that federal law is supreme over state law when the two conflict.

Articles of Confederation

The first constitution of the United States, adopted in 1781, which established a weak national government and gave more power to the states.

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State Constitutions

Constitutions adopted by each US state, outlining their own government structure and powers. They must comply with the federal Constitution.

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Hammurabi's Laws

An ancient code of laws from Babylon, dating back to around 1750 BC, considered one of the oldest known written sets of laws.

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British Constitution

The unwritten constitution of the United Kingdom, based on historical documents, conventions, and legal precedents.

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French Constitution

A constitutional tradition of replacing constitutions with each change of regime, as seen in the French Revolution.

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Oldest written constitution in effect

The Swiss alliance of Cantons, established in 1291, is the oldest written constitution still in effect.

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Unique Feature of the US Constitution

The US Constitution stands out as the first modern democratic constitution, serving as a model for others.

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Word count of the US Constitution

The US Constitution is an 8,000-word document that establishes the framework for the US government.

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Civil Liberties in the US Constitution

The US Constitution includes numerous civil liberties that protect individual freedoms, which were developed throughout the US's history.

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Philosophical Sources of the US Constitution

The US Constitution draws inspiration from various philosophical ideas, including natural rights theory, social contract, and the separation of powers.

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Natural Rights Philosophy

Natural rights philosophy argues that every human being is born with inherent and inalienable rights.

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Right to Alter or Abolish Government

The US Constitution enshrines the right of the people to alter or abolish a government that becomes destructive of the rights it is supposed to protect.

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Separation of Powers

The division of government into three branches: legislative, executive, and judicial, each with distinct powers and functions.

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Checks and Balances

A system designed to prevent any one branch of government from becoming too powerful by giving each branch the ability to limit the powers of the others.

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Rule of Precedent

The principle that legal decisions in past cases should serve as a guide for future cases with similar circumstances.

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Double Jeopardy

The legal principle preventing someone from being tried twice for the same crime, even if new evidence emerges.

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Preamble

The introductory section of the US Constitution, outlining its purpose and principles.

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Articles

The seven main sections of the US Constitution, which establish the framework for the US government.

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WE, the PEOPLE

The opening phrase of the Preamble, emphasizing that the Constitution derives its power from the people, not from a king or other ruler.

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What does the US Constitution do?

The US Constitution establishes the structure and function of the US government, protects individual rights, and defines the relationship between the federal government and states.

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Judicial Review

The power of the Supreme Court to declare laws or executive actions unconstitutional.

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Marbury v. Madison

The 1803 Supreme Court case that established the principle of judicial review.

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Customary Law

Law based on tradition and accepted practices rather than written statutes.

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Dred Scott Decision

The 1857 Supreme Court decision that ruled slaves were not citizens and could not sue in federal court.

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Plessy v. Ferguson

The 1896 Supreme Court decision that upheld segregation laws based on the 'separate but equal' doctrine.

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Brown v. Board of Education

The 1954 Supreme Court decision that overturned Plessy v. Ferguson, declaring 'separate but equal' unconstitutional.

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Roe v. Wade

The 1973 Supreme Court decision that legalized abortion nationwide.

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12th Amendment

This amendment changed the election process, separating the vote for President and Vice President after a tie in the 1800 election. It prevented future deadlocks.

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Reconstruction Amendments

These amendments, 13th, 14th, and 15th, were passed after the Civil War to ensure civil rights for people of color.

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13th Amendment

This amendment abolished slavery in the United States, ending a long and brutal institution.

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14th Amendment

It expanded civil liberties, guaranteeing equal protection and due process under the law for all citizens.

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15th Amendment

This amendment prohibited discrimination based on race, specifically granting voting rights to all men, regardless of their race.

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Progressive Amendments

These amendments, 16th-19th, were ratified during the Progressive Era, promoting changes towards modern democracy.

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18th Amendment

This amendment, known as Prohibition, banned the production and sale of alcoholic beverages in the US, later repealed by the 21st Amendment.

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19th Amendment

This amendment granted women the right to vote, significantly expanding the electorate.

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Impeachment

A formal process where a federal official can be removed from office for serious misconduct or crimes.

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What is Article 5 about?

Article 5 outlines how the Constitution can be amended (changed) by adding new provisions.

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What is the Bill of Rights?

The first 10 amendments to the Constitution, guaranteeing fundamental rights and liberties to citizens.

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What is the ‘three-fifths compromise’?

A compromise during the Constitutional Convention that counted enslaved people as three-fifths of a person for purposes of taxation and representation.

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Ratification

Formal approval of a document, such as the Constitution, by a required number of states.

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Federalist Constitution

A constitution that defines the powers and responsibilities of a central government, allowing for a balance between federal and state powers.

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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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