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Constitution Midterm

How did we go about making a more perfect union?

QuestionAnswer
limited government to prevent governmental abuses, we have created ways to slow down or stop the government from harmful actions (i.e. rule of law)
federalism Each LEVEL of government has its own set of responsibilities.
popular sovereignty The people exercise their power by letting their opinions be heard at the ballot box
What was blending of the New Jersey and Virginia Plans called? The Great Compromise
What is the main function of our legislative branch? To debate and write laws
Which of the two legislative houses is known as the Upper House? The Senate
Which of the two legislative houses is known as the Lower House? The House of Representatives
What is the main function of the judicial branch? The courts rule on whether or not fair procedures took place. In addition to handing out punishments, it also determines if a law matches the Constitution or not.
What was the 3/5 Compromise? This allowed slaves to be counted as 3/5 of a person for determining a state's population.
checks and balances This is the idea that one branch of the government can step in when another uses its power incorrectly (veto, override, approval of appointments and treaties)
How can an amendment be proposed? 2/3 of Congress votes yes OR 2/3 of state legislatures call for a special Congess
How can an amendment be ratified? State legislatures of 3/4 of the states vote yes OR special conventions with 3/4 of the states voting yes
Why do we have the option to amend the Constitution? As times change, there are certain issues of fairness that enough people agree upon. Some deal protecting people's rights, and others deal with the workings of our government (two term limit for president)
What is suffrage? This means voting rights. These rights were extended to people of color, women, and those 18 years or older over time.
bicameral This means two houses (House and the Senate at the federal level)
unicameral a single legislative Congress (as suggested by the New Jersey Plan and under the Articles of Confederation)
Why was population an issue at the Constitutional Convention? Should the number of representatives be based solely on population? If so, the large states could always outvote the smaller ones.
Why was slavery an issue at the Constitutional Convention? Some states viewed this peculiar institution as vital to their economy; others did not need it or found it morally wrong.
Ratification the official process for accepting a document
Federalists These were supporters of the Constitution who felt the Bill of Rights was not necessary. A strong federal government should have a balance of power built in.
Why did Federalists favor the Constitution? A strong government was needed for safety, peace, and economic growth. The variety of opinions would keep one group from dominating like King George.
Who were the Anti-Federalists? Anti-federalists thought that power should be centered on state governments, not a abusive federal government
Why did Anti-Federalists demand a Bill of Rights? They wanted guarantees written on paper to protect the natural rights of individuals. Features like freedom of speech and religion were key for a strong nation.
What were the Federalist Papers? This was a series of essays written by Federalists to encourage people to ratify the Constitution (the Articles were unacceptable)
What is an amendment? An official change, correction or addition
Why was the amendment process proposed? It should be a difficult process, but one that reflects the will of the people
Where did the writers of the Bill of Rights get their ideas? state constitutions, Declaration of Independence, Virginia Declaration of Rights
What was the purpose of the Bill of Rights? This provided the nation with a blue print on how to make changes to the Constitution so that the needs of the people could be addressed more completely.
What is the Elastic Clause? This is contained in Article 1, Section 8: it states that the government can make laws that are "necessary and proper" for the good of the nation
Why should we be careful when using the Elastic Clause? We should only stretch the power of the government to better serve the people.
What is judicial review? This is the ability of the Supreme Court to determine whether or not a law matches the U.S. Constitution.
Delegated Powers These are powers that ONLY the federal government has the right to use (such as the ability to Declare war)
Concurrent Powers These are powers that are shared by the federal and state governments (Collecting taxes)
Reserved Powers These are powers set aside for state or local governments (maintain and establish schools to stay sharp on the 3 R''s)
Separation of Powers This is the division of power and responsibilities to 3 different branches of government to insure that no one single branch becomes too powerful.
How many amendments are in the Bill of Rights? 10 (the first 10 in the Constitution)
What does the 1st amendment protect? your right to express yourself in a variety of ways (speech, religion, protests, petitions, in writing)
What is the key idea for the 2nd amendment? You have the right to bear arms to protect yourself
What is the key idea for the 3rd amendment? It is not lawful for the government to house soldiers in private homes
What is the main idea for the 4th amendment? This is protection from illegal search and seizure. Warrants are needed for private property like a boat or house.
What is due process (5th amendment)? A fair process needs to be followed before someone is punished for a crime.
What is double jeopardy (5th amendment)? A person cannot be tried twice for the same crime
What does pleading the 5th mean? A person does not have to testify in his/her trial if he/she does not want to
What is eminent domain? The government must pay above fair market value for property that is used to promote the common good (build a new school, park, airport, railroad,etc).
What does the 6th amendment say? You have the right to a speedy and public trial (with a lawyer provided if you cannot afford your own)
What does the 7th amendment say? Juries are used to decide civil cases (disagreements, not crimes)
What does the 8th amendment say? It protects citizens from cruel and unusual punishment
What does the 9th amendment say? It is like the Elastic Clause for states: States have more rights than are listed in the Constitution
What does the 10th amendment say? It's like the Elastic Clause for individual citizens: There are powers beyond the delegated and reserved powers of governments that citizens are entitled to
What does the President do as Commander in Chief? The President controls all of the armed forces (after Congress has declared war and voted on the funding for such an action)
What is the Census? This is a count of the population held every 10 years. It is used to change the amount of representatives for a state as well as make decision about the resources needed for the citizens of an area.
What is apportionment? This is a planned distribution of representatives. If your state gains a lot of people, you might get an additional representative or two.
What are three types of federal courts? U.S. Supreme Court, district courts, and federal courts of appeal
What happens at the district court level? Each state has a U.S. district court to handle federal cases in that state.
What are circuit courts? These are courts that could hear an appeal from a U.S. district court or a governmental agency
What is the Supreme Court? The Supreme Court handles a handful of cases directly ( state disputes and international diplomats), but mostly it serves as the highest court of appeals in the land.
Jurisdiction The ability to make legal decisions and judgements
Representative Democracy this is a government led by officials who are chosen by the people.
Created by: johnbacolor
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