Foundations and Structure of the U.S. Constitution

Government Unit 2 Question What are the three parts of the Constitution? What compromise could have no laws against slave trade made for 20 years, no tax on state exports, and limitations on slave importation after 1808? What compromise counted free men in state population, counted slaves as three-fifths of a person in state population, and required south to pay taxes on slaves? What compromise had a bicameral congress, house representation based on population, and senate representation equally distributed? What needed approval by nine states, called "the supreme law of the land", gave CENTRAL GOV authority, and was the rule of law? What needed approval by thirteen states, gave STATES authority, and called "a friendship of states"? Principles of the _____ is the rule of law-supreme law of land. It bases its existence on those gov'ned or their elected reps. The power of gov'nance is shared between the national and state govs (held to same laws as the people and accountable to people) How did the Preamble "form a more perfect union?" What amendment stated people have right to freedom of religion, press, speech, assembly, and may petition the gov? What amendment stated people have the right to own a weapon to protect themselves? What amendment stated soldiers cannot take or live in someone's home? What amendment stated gov cannot arrest or search one's property without probable cause? What amendment stated people must follow the law before punishing a person (due process)? What amendment stated a person has the right to a fair and speedy trial by jury? What amendment stated a person has the right to a fair trial in civil cases? What amendment stated gov cannot demand excessive bails or use cruel and unusual punishment? What are two advantages of selecting the President by the Electoral College's presidential electors? Who thought a central gov with too much power would create problems and were concerned the new Constitution lacked a bill of rights to protect the people? Which amendment gave women the right to vote? What type of federalism had each level of gov act independently of the other, its power fixed and unchangeable, and referred to as the "layered cake federalism"? What type of federalism was referred to as the "marble cake federalism", had strong interaction between the national and state govs, national gov seen as the Answer A. Preamble B. articles C. Bill of Rights The Commerce and Slave Trade Compromise Three-Fifths Compromise Great Compromise Constitution Articles Constitution was built on these principles The Articles had proven "imperfect" in governing the states and the Preamble created a "more perfect union" to govern the newly formed United States. 1st Amendment 2nd Amendment 3rd Amendment 4th Amendment 5th Amendment 6th Amendment 7th Amendment 8th Amendment A. They make decisions in the best interests of the country, not based on self-interests B. They are knowledgable and informed on issues that affect all states Anti-Federalists 19th Amendment Dual Federalism Cooperative Federalism provider, balance of power shifted to the national gov, and Great Depression influenced this? What federalism had strong emphasis on grants-in-aid for state govs, Johnson's Great Society exemplified it, occasional conflicts when national gov put its policies over the goals of the state, "picket fence federalism", strong interaction of S & N govs? What type of federalism has existed from the 1980s forward, less national gov intervention created financial conflicts for the state gov, balance of power shifted to the states to become more self-reliant, referred to as the "on your own federalism"? What article addressed the organization, the powers, and the limitations of the Legislative branch? What article addressed the office, the powers, and the duties of the Executive Branch? What article addressed the court system and its jurisdiction? What article addressed the powers and limitations of power for states? What article established the process for formally amending the Constitution? What powers are powers delegated to the national gov by the Constitution and are spelled out in the Constitution? What powers are those powers reserved for the states only? What clause/amendment is found in Article VI, extended power of national gov, and established the law of the land? What clause/amendment states the power of national gov is subject to limits, reserves power for the States, and part of the Bill of Rights? What clause allowed Congress to "stretch" its powers to make laws that were needed to carry out the powers enumerated in the Constitution? Allows for a variation in gov, diffuses power in a central gov, and fosters peace are advantages of what? Hides privilege and economic/racial discrimination, empowers special interest groups, and thwarts national unity are disadvantages of what? What is a system of gov that divides power between two sovereign entities? T/F The formal amendment process to change or amend the Constitution is an example of federalism. T/F Only Congress is responsible to propose and ratify an amendment to the Constitution. What powers are enumerated, authority is derived from Constitution, and powers belong to a gov because of its sovereignty? What powers are inferred, have the power to make necessary and proper laws, and are in Article I, Section 8? We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are ____, _____, and ______________. What are the two clauses in the First Amendment that protect the people's rights? What are the two categories of due process? Creative Federalism New Federalism Article I Article II Article III Article IV Article V Enumerated powers Reserved powers Supremacy Clause 10th Amendment Necessary and Proper/ Elastic Clause federal system of gov federal system of gov federalism True False delegated (enumerated,expressed) powers implied (potential) powers Life, Liberty, the Pursuit of Happiness A. Establishment Clause B. Free Exercise Clause A. Substantive due process B. Procedural due process Which type of due process ensures that one's life, freedom, or property is not taken without appropriate Substantive governmental justification? Which type of due process requires gov to follow the rue Procedural of law and enforce the "procedures" laid out in that law? Freedom of A. religion B. speech C. press D. to assemble What are the five basic civil rights (freedoms)? E. to petition What test was to ensure that words did not pose a threat to U.S. efforts and showed whether a speech can clear and present danger test present a real and immediate danger to the gov? What do libel and slander, "fighting words" that incite violence, obscenity, and fraudulent advertising all have They are categories of speech NOT protected by the Freedom of Speech. in common? What branch of gov is the branch that guards the rights of the people as enumerated in the Bill of Rights? What injustice and to what group of people did the Equal Pay Act of 1963 try to help? What injustice and to what group of people did the National Origins Quota System try to help? What injustice and to what group of people did the Voting Rights Act of 1965 try to help? What injustice and to what two groups of people did the Civil Rights Act of 1964 try to help? What injustice and to what group of people did the Equal Opportunity Credit Act try to help? What case overturned "separate but equal doctrine"? What article contains the Necessary and Proper Clause? What amendment abolished involuntary servitude? What amendment defined citizenship? What amendment included freedom of religion, speech, press, assembly, and petition? What amendment explained that due process is guaranteed on a national level? What amendment explained that due process requirement extended to the states? What case exemplified the Establishment Clause? What case violated due process of right to legal counsel? What case denied slaves citizenship but was later overturned by the 13th Amendment? What case established "separate but equal doctrine" but was later overturned by Brown v. Board of Education? What case involved freedom of speech not being protected due to clear and present danger test and later ruled the gov could impose reasonable limits on free speech if those words were used to create a clear and present danger to the country? Which article explained the powers of Congress? Which article explained the process for amending the Constitution? Which amendment gave women the right to vote? What amendment gave African Americans the right to vote? What does jus sanguinis mean? What does jus soli mean? Whatever the gov does, it must act fairly, according to established rules, and may not act unreasonably in depriving individuals or "life, liberty, and property" describes what? Judicial discrimination against women discrimination against Asian Americans discrimination against African Americans discrimination against African Americans and Hispanic Americans discrimination against women Brown v. Board of Education Article I 13th Amendment 14th Amendment 1st Amendment 5th Amendment 14th Amendment McCollum v. Board of Education Miranda v. Arizona Dred Scott v. Sandford Plessy v. Ferguson Shenck v. United States Article I Article V 19th Amendment 15th Amendment "the law of the blood" depends on to whom the child is born "the law of the soil" depends on the location the individual is born due process Which rule was applied in order for the Constitution to be approved? Which plan had representation based on population or monetary support and the executive and judiciary formed a council with veto power? Which plan had a unicameral Congress similar to the one under the Articles? Which plan said Congress couldn't pass any legislation against the slave trade for 20 years and had a bicameral Congress with equal representation in upper house and representation by population in lower house? The first ten amendments of the Constitution are called what? What two articles discuss the powers reserved for the states and the national gov? T/F Jus sanguinis is a rule of citizenship involving to whom one is born. Why did the Civil Rights Act of 1964 do more for civil rights than any other piece of legislation in American history? It had to get approval by three-fourths of the states Virginia Plan New Jersey Plan Connecticut Plan the Bill of Rights Article VI and IV True It created the Equal Employment Opportunity Commission to investigate unfair employment policies, made job discrimination illegal, and prohibited discrimination on basis of race, color, or national origin in public facilities. James Madison Preamble abuse law Who was the father of the Constitution? What is the introduction to the Constitution? The gov's power is divided to prevent ______. The gov must obey the ______. What plan was bicameral, based the representation in Congress on population and wealth, supported ratification of the Constitution by the people, had strong Virginia Plan executive and judicial branches with power to veto, and was supported by the larger states? What plan was unicameral, proposed equal representation, supported approval of the Constitution by the state legislatures, had a plural number of New Jersey Plan executives with limited executive and judicial branches, and was supported by the smaller states? The actions of Congress had been declared Why was the Marbury v. Madison case critical to the unconstitutional and the interpretations by the courts development of federalism? serve as an informal amendment process.