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GOV Exam
Articles, Bill of Rights, Checks + Balances
| Question | Answer |
|---|---|
| Articles of the Constitution | The seven main sections of the Constitution that establish the structure and powers of the federal government |
| Article I | Creates the Legislative Branch (Congress), which makes laws. It establishes the House of Representatives and Senate and lists the enumerated powers of Congress such as taxation, regulating commerce, and declaring war |
| Commerce Clause (Article I Section 8) | Gives Congress the power to regulate interstate commerce (trade and economic activity between states) |
| Necessary and Proper Clause / Elastic Clause (Article I Section 8) | Allows Congress to pass laws needed to carry out its enumerated powers, expanding congressional authority beyond specifically listed powers |
| Taxing and Spending Clause (Article I Section 8) | Allows Congress to tax citizens and spend money to provide for the general welfare of the United States |
| Article II | Creates the Executive Branch and establishes the presidency, giving the president powers such as enforcing laws, serving as commander in chief of the military, making treaties, and appointing officials |
| Article III | Creates the Judicial Branch and establishes the Supreme Court, giving federal courts the power to interpret laws and resolve disputes under federal law |
| Article IV | Explains relationships between states and how states must interact with each other within the federal system |
| Full Faith and Credit Clause (Article IV) | Requires states to recognize the public acts, records, and judicial decisions of other states |
| Privileges and Immunities Clause (Article IV) | Prevents states from discriminating against citizens of other states and ensures basic rights across states |
| Extradition Clause (Article IV) | Requires states to return fugitives to the state where they committed a crime |
| Article V | Explains the process for amending the Constitution, requiring proposals and ratification by the states |
| Article VI | Establishes the principle that federal law takes precedence over state law |
| Supremacy Clause (Article VI) | States that the Constitution and federal laws are the supreme law of the land and override conflicting state laws |
| Article VII | Explains how the Constitution was ratified by the states to become the official governing document of the United States |
| Bill of Rights | The first ten amendments to the Constitution that protect individual civil liberties from government interference |
| 1st Amendment | Protects freedom of religion, speech, press, assembly, and petition |
| Establishment Clause (1st Amendment) | Prohibits the government from establishing an official religion or favoring one religion over another |
| Free Exercise Clause (1st Amendment) | Protects the right of individuals to practice their religion freely without government interference |
| 2nd Amendment | Protects the right of the people to keep and bear arms |
| 3rd Amendment | Prevents the government from forcing citizens to house soldiers in their homes during peacetime |
| 4th Amendment | Protects people from unreasonable searches and seizures and requires warrants based on probable cause |
| 5th Amendment | Protects rights of the accused including due process, protection against self |
| 6th Amendment | Guarantees a speedy and public trial, an impartial jury, the right to a lawyer, and the right to know the charges against the accused |
| 7th Amendment | Guarantees the right to a jury trial in certain civil cases |
| 8th Amendment | Prohibits excessive bail, excessive fines, and cruel and unusual punishment |
| 9th Amendment | States that rights not specifically listed in the Constitution are still protected by the people |
| 10th Amendment | States that powers not delegated to the federal government are reserved to the states or the people |
| Necessary and Proper Clause | Allows Congress to pass laws needed to carry out its enumerated powers and is often called the Elastic Clause |
| Commerce Clause | Allows Congress to regulate trade and economic activity between states |
| Supremacy Clause | Establishes that federal law overrides conflicting state law |
| Establishment Clause | Prevents the government from establishing an official religion |
| Free Exercise Clause | Protects the right to practice religion freely |
| Full Faith and Credit Clause | Requires states to recognize legal decisions and records from other states |
| Privileges and Immunities Clause | Prevents states from discriminating against citizens from other states |
| Extradition Clause | Requires states to return criminals to the state where the crime occurred |
| 14th Amendment | An amendment adopted after the Civil War that expanded civil rights and limited state governments by requiring them to protect individual rights |
| Citizenship Clause (14th Amendment) | Grants citizenship to anyone born or naturalized in the United States |
| Due Process Clause (14th Amendment) | Prevents states from depriving any person of life, liberty, or property without due process of law |
| Equal Protection Clause (14th Amendment) | Requires states to treat all people equally under the law |
| Selective Incorporation | The process by which the Supreme Court uses the 14th Amendment to apply most protections in the Bill of Rights to the states |
| Checks and Balances | A system that allows each branch of government to limit the powers of the other branches to prevent any one branch from becoming too powerful |
| Legislative Check on Executive | Congress can override a presidential veto with a two |
| Legislative Check on Executive | The Senate approves presidential appointments and ratifies treaties |
| Legislative Check on Executive and Judicial | Congress can impeach and remove the president or federal judges |
| Executive Check on Legislative | The president can veto laws passed by Congress |
| Executive Check on Judicial | The president appoints federal judges including Supreme Court justices |
| Judicial Check on Legislative | Courts can declare laws passed by Congress unconstitutional through judicial review |
| Judicial Check on Executive | Courts can declare presidential actions unconstitutional |
Created by:
katdolan