US Constitution: Articles, Amendments, and Branches, Quizzes of Local Government Studies

Download US Constitution: Articles, Amendments, and Branches and more Quizzes Local Government Studies in PDF only on Docsity! TERM 1 How many articles & amendments are in the US Constitution? DEFINITION 1 7 articles, 27 amendments TERM 2 Article 1 DEFINITION 2 The Legislative Branch (Congress) TERM 3 Article 2 DEFINITION 3 The Executive Branch (Presidency) TERM 4 Article 3 DEFINITION 4 The Judicial Branch (Federal Courts) TERM 5 Article 4 DEFINITION 5 State Powers & Interstate Relations TERM 6 Article 5 DEFINITION 6 Amending Process (How to change the Constitution) TERM 7 Article 6 DEFINITION 7 National Supremacy (National government power relative to states) TERM 8 Article 7 DEFINITION 8 Ratification (adoption of the document itself) TERM 9 What are the two chambers of Congress? DEFINITION 9 House of Representatives & Senate TERM 10 Under the original constitution, how were representatives put into office? DEFINITION 10 Elected TERM 21 Article 1, Section 7 DEFINITION 21 -All bills for raising revenue shall originate in the House of Representatives -2/3 of the House of Representatives must agree to pass a bill, then it is sent to the Senate, then if 2/3 of the Senate votes for it, it's a Law -President has veto power, and the House of Representatives can override it TERM 22 Article 1, Section 8 DEFINITION 22 Powers of Congress -Tax & Spend (under original constitution, had to be uniform across the nation; no other branch can do this) - Regulate commerce with other nations and among the states (Commerce Clause) -Determine rules of naturalization (Amendment 14) -Money Supply -Declare war and make rules concerning captures on land and water and granting Letters of Marque -Make Laws (Necessary & Proper Clause/ Elastic Clause) TERM 23 Under Article 1, who has control over elections? DEFINITION 23 The States TERM 24 Who determines internal rules and procedures of Congress? DEFINITION 24 Congress TERM 25 Where do Powers of Congress largely reside in the Constitution? DEFINITION 25 Article 1, Section 8 TERM 26 Necessary and Proper Clause DEFINITION 26 The Necessary and Proper Clause (also known as the Elastic Clause) is the provision in Article 1, Section 8) gives Congress powers beyond those that are specifically listed. TERM 27 Commerce Clause DEFINITION 27 The Commerce Clause (Article I, Section 8) gives Congress the right to regulate commerce among the states. TERM 28 Article 1, Section 9 DEFINITION 28 Powers Denied to Congress -Couldn't ban importation of slaves prior to 1808 -Habeas Corpus -Congress can't pass a law that singles someone out as an individual and punishes them (Bill of Attainder) -Can't punish people for something they did before it was illegal (Ex post facto) -Can't tax the states differently; must be proportionate to population -Processes: Passing laws and appropriation TERM 29 Habeas Corpus DEFINITION 29 If someone is arrested, they have the right to know charges and evidence against them. TERM 30 Bill of Attainder DEFINITION 30 Congress can't pass a law that singles someone out as an individual and punishes them. TERM 31 Ex Post Facto DEFINITION 31 Someone can't be punished for something they did before it was illegal. TERM 32 Article 1, Section 10 DEFINITION 32 -States are subservant to national government and don't conduct foreign policy -National government controls foreign policy/trade & war TERM 33 What are the qualifications to become President? DEFINITION 33 -Natural-born citizen -At least 35 years old TERM 34 Who is the Commander of Army & Navy? DEFINITION 34 President TERM 35 The President has the power to grant ___________. DEFINITION 35 powers TERM 46 What form of government must all states have? DEFINITION 46 Republic TERM 47 Can a state be subdivided against its will? DEFINITION 47 No TERM 48 What are the 2 stages of the amending process? DEFINITION 48 Proposal & Ratification -Proposal -through both houses of Congress -If 2/3 of states, a convention may be called - Ratification -3/4 of states in either legislatures or at ratification convention TERM 49 Which part of the Constitution CAN'T be amended? DEFINITION 49 Equal Suffrage of States TERM 50 _______ laws supercede _______ laws within domain of authority. DEFINITION 50 National ; State TERM 51 McCulloch vs. Maryland DEFINITION 51 -Maryland argued that Congress had no right to charter or establish a national bank and that regardless, Maryland has the right to tax such a bank (10th Amendment) -U.S.: establishment of a nat'l bank is an implied power, necessary and peoper for Congress to carry out its express powers. States may not use reserve powers to interfere with the legitimate operation of the nat'l gov't. The US Supreme Court rejected both of Maryland's arguments, establishing the Doctrine of National Supremacy. TERM 52 How many states does it take to ratify the Constitution? DEFINITION 52 9 TERM 53 Does it matter which 9 states vote to ratify? DEFINITION 53 Yes; NY & Virginia had to vote for ratification for it to be ratified. TERM 54 When was the Federal Constitutional Convention? DEFINITION 54 May-September 1787 TERM 55 When did the Continental Congress vote unanimously to forward the proposed constitution to state legislatures? DEFINITION 55 September 28, 1787 TERM 56 How many Federalist Papers were written? DEFINITION 56 85 TERM 57 Who wrote the Federalist Papers DEFINITION 57 John Jay, Alexander Hamilton, and James Madison TERM 58 When did the first Congress meet under the new constitution? DEFINITION 58 March 1789 TERM 59 What were the arguments in Brutus Letter No. 1 (Antifederalist)? DEFINITION 59 -Republic governments are successful in small countries and fail in large ones -Small republics enable citizens to be closer to government -Problem with previous republics is that they didn't know how to represent themselves well -Necessary & Proper Clause -They were nervous about this and about the scope of national powers TERM 60 In Madison's Federalist No. 10, what was the small republic thesis? DEFINITION 60 Republic government cannot survive in a large country - Framers were skeptical and concerned with combinations of direct democracy and majorities TERM 71 In what case are the states' governments preeminent? DEFINITION 71 Education TERM 72 In what case do both national and state governments share responsibilities? DEFINITION 72 Law enforcement TERM 73 Which case established the Doctrine of National Supremacy? DEFINITION 73 McCulloch v. Maryland TERM 74 When was the Era of Dual Federalism? DEFINITION 74 From Civil War to the first third of the 20th century - Increasing powers of the national gov't relative to the states - Associated with industrialization and urbanization -Increasing demands for "public goods" TERM 75 Differences Between U.S. Constitution and State Constitutions DEFINITION 75 -US Constitution is much shorter -State constitutions must grant rights to lower governments; US Constitution only has to grand rights to National and State governments -State constitutions are more specific TERM 76 Home Rule Charter DEFINITION 76 Ability of certain jurisdictions (cities) to determine how they will be governed; basic restriction is the county has to have population of at least 85,000, if not, county is ruled solely by state constitution TERM 77 Categorical Grants DEFINITION 77 Money to be spent on specific purposes and often require some sort of "match" by the state TERM 78 Block Grants DEFINITION 78 Consolidated with fewer restrictions that categorical grants TERM 79 General rule of thumb when it comes to categorical and block grants DEFINITION 79 Democrats tend to prefer categorical grants, and republicans tend to prefer block grants TERM 80 Carrots & Sticks DEFINITION 80 Carrots: Categorical & Block Grants Sticks: Conditions of aid, mandates, sanctions TERM 81 How many articles are in the MO state constitution? DEFINITION 81 13 TERM 82 US vs. Lopez DEFINITION 82 guns in schools TERM 83 US v. Morrison DEFINITION 83 violence against women TERM 84 Bill of Rights DEFINITION 84 1st 10 Amendments of the Constitution TERM 85 1st Amendment DEFINITION 85 Religion, Speech, Assembly, & Politics TERM 96 14th Amendment DEFINITION 96 "Due Process" & "Equal Protection" clauses, defines citizenship, confederate debt TERM 97 Civil War Amendments DEFINITION 97 13th, 14th, and 15th Amendments TERM 98 13th Amendment DEFINITION 98 Abolished slavery TERM 99 15th Amendment DEFINITION 99 African American Suffrage (Voting) -- Afr. Am. Men TERM 100 Freedom of Speech DEFINITION 100 Not absolute -distinguish between belief, speech, adn action - Beliefs cannot be infringed upon -Actions may be restrained - The closer you get to political speech, the more protection the court will grant -Commercial speech, libel, and obscenity are not protected TERM 101 Balancing Doctrine DEFINITION 101 Closer to action, the courts can step in -Specific speech tests used by the court: -Prior Restraint -Vagueness -Least Drastic Means -Content Neutral -Centrality of Political Speech - Political speech enjoys "preferred position" TERM 102 Libel DEFINITION 102 False statements defaming another are not protected. Stringent standards, especially for public figures. Errors must be made knowingly and with reckless disregard for the truth. TERM 103 Obscenity DEFINITION 103 Publicly offensive language/portrayals with no redeeming social values. Sexual material largely regulated according to local "community standards". TERM 104 Freedom of Religion - Establishment DEFINITION 104 Prohibition of Establishment of Religion -How to tell if government is violating the establishment clause of the first amendment -The "Lemon Test" -"Wall-of-Separation" >(Lemon v. Kurtzman) - "Neutrality" -Must have a secular purpose -Neither advance nor inhibit religion -Avoid "excessive" government entanglement in religion TERM 105 Freedom of Religion - Free Exercise DEFINITION 105 Ability to practice one's religion free of undue government interference -How to tell if government is violating -Think of religious practices in terms of the belief to action continuum relevant to speech -One can sacrifice a chicken, but not a human TERM 106 Freedom of Assembly & Petition DEFINITION 106 -Protests, parades, and demonstrations -Protected subject to reasonable public safety and order restrictions -Cannot be denied based on political views TERM 107 Civil Rights DEFINITION 107 -Protections from arbitrary or capricious treatment of citizens by government. -Comparable treatments by dominant groups of other groups TERM 108 Two Classes of Civil Rights DEFINITION 108 -Those that pertain to actions by government -Ex.: Segregated schools, voting rights, the Voting Rights Act of 1965 -Those that pertain to actions by citizens -Ex.: Segregated restaurants, membership organizations, private employment, Civil Rights Act of 1964 TERM 109 Dred Scott v. Sandford DEFINITION 109 Effectively denied citizenship rights to blacks -A Missouri case argued in courthouse in St. Louis TERM 110 Due Process Clause DEFINITION 110 No person's life, liberty, or property may be taken without due process of law.