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OC CH 5 Constitution
OC CH 5 Test Review - Constitution
| Question | Answer |
|---|---|
| Separation of powers | Divides the powers of govt. so that no one branch can become too powerful |
| What Congress does | Makes laws |
| Why could a federal court strike down a law? | because the law is declared unconstitutional |
| majority rule | when policy decisions are made by the greatest number of people in society (not the best idea!) |
| Why the Bill of Rights was added to the Constitution | to spell out the rights and freedoms of the people |
| Which amendments were added as a result of colonists' anger regarding unfair treatment from the British during the late 1700s? | The Second, Third, and Fourth |
| What amendment protects you from double jeopardy? | The Fifth |
| What does the Supreme Court say about the death penalty (is it cruel and unusual punishment)? | Not all executions are cruel and unusual, but sometimes the death penalty can be carried out in a cruel and unusual way |
| According to the Ninth and Tenth Amendments, who decides on rights not listed in the Bill of Rights? | The judicial branch and Congress |
| Delegated powers | Powers the Constitution gives to the federal government |
| A few examples of delegated powers | coin money; regulate trade |
| The correct order of the 3 main sections of the Constitution | Preamble, Articles, Amendments |
| Purpose of the Preamble | states the purpose of the Constitution |
| The first Constitution of the U.S. | Articles of Confederation |
| City and state where the Constitution was written | Philadelphia, Pennsylvania |
| The Preamble begins with these 7 words | We the People of the United States... |
| "Provide for the common defense" means | set up a military to protect citizens |
| "Establish Justice" means | set up a judicial system to protect citizens' rights |
| How many branches in U.S. govt.? | 3 |
| How many Articles in the U.S. Constitution? | 7 |
| What is an "amendment"? | an addition to the original Constitution |
| The number of representatives for each state in the House of Representatives depends on | the state population - Greater population = more representatives |
| How many senators for each state? | 2 |
| impeachment | the process used against the president for crimes wrongdoing; can result in removal from office |
| Branch of govt. with the power to declare war | Legislative (Congress) |
| Main function of the executive branch | Enforce the laws |
| Main function of the judicial branch | Interpret the laws (decide if they are unconstitutional or O.K.) |
| Three examples of executive powers (president) | Negotiate treaties; appoint justices and officials; grant pardons |
| Term of of Supreme Court justices (how long they serve) | For life |
| Main way the executive branch checks the legislative branch | Veto power (can reject laws the Congress has approved) |
| Main way the legislative branch checks the executive branch | Can override a veto with 2/3rds majority vote |
| Another name for the "necessary and proper" clause | Elastic Clause |
| Name for the first ten amendments to the Constitution | Bill of Rights |
| Qualifications for the presidency can be found in this part of the Constitution | Article II |
| The president's role in the U.S. military | Commander in Chief |
| Details about how laws are made are found in this part of the Constitution | Article I |
| Concurrent powers | Powers that both the federal and state governments have |
| Example of concurrent powers | taxation (citizens pay federal AND state taxes to keep the country running!) |
| Details about the U.S. federal court system are found in this part of the Constitution | Article III |
| This branch is responsible for maintaining the United States military | Legislative branch (Congress) |
| Federalism | System of govt. in which powers are shared between the federal (national) govt. and several smaller state governments |
| Freedom of assembly | The right of citizens to gather and meet peacefully (in the First Amendment) |
| First Amendment rights | Freedom of speech, the press, religion, assembly, and the right to petition the government |
| Second Amendment right | What many have interpreted to mean as the right to have weapons - "bear arms" |
| What citizens are protected from by the Third Amendment | Citizens don't have to provide housing for soldiers in peacetime |
| What citizens are protected from by the Fourth Amendment | "unreasonable searches and seizures" - Authorities must have a search warrant |
| Fifth Amendment right | "due process" of law - The law must be applied fairly, with a trial if there is enough evidence for one |
| What does "take the Fifth" mean? | From the Fifth Amendment: a person does not have to testify at their own criminal trial |
| How does the Fifth Amendment protect citizens from double jeopardy? | A person found not guilty of a crime can NOT be put on trial for the same crime |
| Sixth Amendment right | Right to a "speedy" trial |
| Eighth Amendment right | Allows for "bail" - The money posted by the accused so they can remain free while awaiting trial; will lose the money if they fail to show up in court on the day of their trial |
| "Father of the Constitution" | James Madison |