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American Studies
Constitution Exam
| Term | Definition |
|---|---|
| 1st Amendment | congress cannot impose or restrict religion, and they cannot restrict freedom of speech. |
| 2nd Amendment | everyone has the right to bear arms (inspired by the American revolution) |
| 3rd Amendment | no requirement to house soldiers - all home owners must be consenting to house soldiers |
| 4th Amendment | no search and seizure from government without proper and legal warrant. |
| 5th Amendment | right to remain silent in court - cannot be required by government to plead guilty |
| 6th amendment | the right to a speedy trial, with access to a lawyer and proper information about their accusation |
| 7th amendment | claims involving money and lawsuits must be tried by jury |
| 8th amendment | cruel and unusual punishment is not allowed in the government, excessive fines and bails are also not allowed |
| 9th amendment | enumerated (inherent) rights, even if left unnamed in the constitution, are still protected. - the rights of the people are not restricted to what's in the constitution |
| 10th amendment | powers not stated in the constitution belong to the states of the people, not the federal government. |
| 11th amendment | doesn't allow citizens to file a lawsuit against states that they are not apart of. |
| 12th amendment | there must be two separate votes for president and vice president |
| 13th amendment (reconstruction) | abolishes slavery and involuntary servitude |
| 14th amendment (reconstruction) | equal protection for any and all citizens |
| 15th amendment (reconstruction) | all men, regardless of color or race, are given the right to vote |
| 16th amendment (progressive) | gives the government the power to collect income tax |
| 17th amendment (progressive) | allows citizens to cast direct votes to US senators |
| 18th amendment (progressive) | prohibits the manufacturing and the sale/drinking of alcohol. |
| 19th amendment (progressive) | gives women the right to vote |
| 20th amendment | Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration) |
| 21st amendment | gets rid of the 18th amendment (prohibiting alcohol) |
| 22nd amendment | limits the president to two terms in office (8 years) |
| 23rd amendment | gives citizens of Washington D.C. the right to vote, even though it's not a state. |
| 24th amendment | prohibits poll tax (voting taxes) |
| 25th amendment | explains what happens when a president dies or is unable to continue as president (succession) |
| 26th amendment | Sets national voting age to 18, and it cannot be set higher than that |
| 27th amendment | changes in congressional salaries start after next term |
| Due Process Clause - Fourteenth Amendment | no states shall deprive any "person" of "life, liberty or property" without due process of law |
| Freedom of Speech Clause | punish people of differing political beliefs (for example, communism, liberalism, conservatism, socialism - peaceful protest allowed |
| Grand Juries Clause | protects one from the grand jury from being able to convict anyone with no evidence |
| Freedom of Press Clause | protects the freedom of printing presses to spread information through media |
| Right to Assemble and Petition Clause | the right of the people peaceably to assemble, and to petition the Government for a redress of grievances |
| Establishment Clause | This clause not only forbids the government from establishing an official religion, but also prohibits government actions that unduly favor one religion over another |
| Full Faith and Credit Clause | This law requires States to enforce laws enacted by other States. This means that people cannot flee to another state to escape a conviction. |
| Search and Seizure Clause | Protects citizens from unreasonable searches and protects them from random invasions of privacy |
| Confrontation Clause | as the accused, you know what the prosecutor and witnesses against you are accusing you of |
| Commander in Chief Clause | the President is commander in chief of the Navy and Army and is able to consult with any of the principal officers of executive branches |
| War Clause | the congress can declare war, grant letters of a government license authorizing the bearer to engage in privateering, make decisions on captures on land and water |
| Due Process Clause -Fifth Amendment | the government cannot deprive a person of rights unless they have gone through the process of going to court and the court rules that it's constitutional |
| Equal Protection Clause - Fourteenth Amendment | prevents the government from making laws that treat specific groups of people differently |
| Takings Clause | protects the property and land of the citizens from being seized from the government |
| Supremacy Clause | the federal constitution and federal laws take priority over state and local laws and state constitutions |
| Advice and Consent Clause | grants the United States Senate to share many political powers with the president |
| Commerce Clause | Gives Congress the power to regulate interstate commerce, Also let them regulate commerce with foreign nations |
| Copyright Clause | This clause granted congress to grant authors or creators exclusive rights over their work - to promote the progress of science and art |
| Elastic Clause | Congress can make laws that are justifiable and satisfactory that are allowed by the constitution. Can make more specific laws than general welfare. |
| Emoluments Clause | doesn't allow the president to accept wages or leadership positions from other world leaders and companies |
| Spending Clause | Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States |
| Implied Powers Clause | The Implied Powers Clause leaves Congress's enumerated powers open ended so that they may express those powers in any way needed be they beneficial, necessary, and within their power |
| Interstate Commerce Clause | [The Congress shall have Power . . . ] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes |
| Naturalization Clause | gives congress the power to pass legislation that turns foreigners into United States citizens through the naturalization process or revoke their citizenship when it is deemed illegal or fraud |
| Necessary and Proper Clause | Concludes the list of enumerated powers and mentions how Congress can make any law to execute these powers |
| Privileges and Immunities Clause | Ensures that any citizen from any origin has the same rights as any other citizen |
| Speedy Trial Clause | Discusses how any person who is accused of a crime has the right to an unbiased and fast trial, and that they will be informed about the crime that they are being accused for |
| Free Exercise Clause | First Amendment requirement that law cannot prevent free exercise of religion |
| General Welfare Clause | Gives Congress the power to tax to provide for the general welfare |
| 3 Clauses Roosevelt could use to explain the New Deal | Spending, Proper, and General Welfare Clauses |
| Progressive era amendments | 16-19: Held the government accountable for the improvement of American society. |
| Reconstruction Era amendments | 13-15: These attempted to end racial discrimination in the United States as much as possible |
| 3 civil liberties | freedom of religion, freedom of speech, freedom to bear arms |
| policing power | ability of a government to enact laws to coerce its citizenry for the public good |
| 3 examples of federal constitution placing limits on policing power | Supremacy clause, 14th amendment, 15th and 19th amendments (states can't change who votes) |
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