study guide constitution

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1. A constitution is a document that outlines the structure functions and limitations of government. 2.Separation of powers, Checks and balances, federalism separation of powers is shown in our three branches of government the legislative, judicial, and executive do none can consolidate that power, checks and balances are shown through for example legislative branch writes the laws, executive branch executes the laws, judicial branch settles disputes. Checks and balances is shown mainly in the same way. Federalism is shown through the organization of our government and the fact that power is given to our 50 states. 3. the federal system of government includes a ruling federal government and states underneath it but also with power. A unitary governments is strictly a powerful central government. 4.To form a more perfect union of states, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare and ensure the blessings of liberty for ourselves and our posterity. 5. The constitution is structured into a preamble, 7 articles with sections in each, and 27 amendments 6.I-legislative, II-executive, III-judicial 7.Enumerated powers are the powers given to the congress in section 8 of article 1 of the constitution, tax, borrow money, establish uniform rule of naturalization, coin money, declare war, establish post offices and roads. 8. Necessary and proper clause allows congress to pass laws that are not specifically enumerated powers thus allowing for problems that the constitution writers could not have foreseen. 9. Implied powers are powers not explicitly stated as enumerated powers they are reasonably implied in order to carry out the enumerated powers generally justified with the elastic clause.

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Page 1: Study Guide Constitution

1. A constitution is a document that outlines the structure functions and limitations of government.

2.Separation of powers, Checks and balances, federalism separation of powers is shown in our three branches of government the legislative, judicial, and executive do none can consolidate that power, checks and balances are shown through for example legislative branch writes the laws, executive branch executes the laws, judicial branch settles disputes. Checks and balances is shown mainly in the same way. Federalism is shown through the organization of our government and the fact that power is given to our 50 states.

3. the federal system of government includes a ruling federal government and states underneath it but also with power. A unitary governments is strictly a powerful central government.

4.To form a more perfect union of states, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare and ensure the blessings of liberty for ourselves and our posterity.

5. The constitution is structured into a preamble, 7 articles with sections in each, and 27 amendments

6.I-legislative, II-executive, III-judicial

7.Enumerated powers are the powers given to the congress in section 8 of article 1 of the constitution, tax, borrow money, establish uniform rule of naturalization, coin money, declare war, establish post offices and roads.

8. Necessary and proper clause allows congress to pass laws that are not specifically enumerated powers thus allowing for problems that the constitution writers could not have foreseen.

9. Implied powers are powers not explicitly stated as enumerated powers they are reasonably implied in order to carry out the enumerated powers generally justified with the elastic clause.

10. proposal and ratification, proposal by 2 3rds vote in both houses of congress, ratification by 3 4ths majority of all 50 states legislatures.

11. National law is supreme and supersedes any state laws

12. the constitution has been amended 27 times and the first 10 are called the bill of rights because they are the rights given to all American citizens

13.The first amendment stipulates the freedoms of free speech, press, assembly, petition, and religion. The establishment clause prevents the government from establishing a national religion and restricting religion's free exercise.

14.fourth-against unreasonable search and seizures probable cause or warrant needed. fifth- Need for a grand jury, protection against double jeopardy, protection against self-incrimination, due process, and compensation for private property taken for public use. sixth-right to a speedy trial, right to a trial by

Page 2: Study Guide Constitution

jury, right to be informed of charges, right to face accusers, right to an attorney. eighth- right against excessive bail and cruel and unusual punishment.

15. If a power is not specifically given to the national government then it is reserved to the states.

16. Enumerated powers

17.establish courts, tax and spend, etc

18.intrastate commerce, pass laws for health and safety including criminal law, pass laws, charter local governments, regulate voting, establish schools, etc. called police powers because it gives states ability to regulate behavior of its citizens and enforce order

19.The 14th amendment states that all people born or naturalized in the united states are citizens also it provides for equal protection under the law.

20. grants are money given by the federal government to the state for specific things, but these are normally conditional so this allows the American government control over the states.