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OC CH 5 Constitution

OC CH 5 Test Review - Constitution

QuestionAnswer
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
Created by: enid.robert
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