Government Chapter/Unit 3
What amendments are part of the Reconstructionist Amendments?
#13- Abolish Slavery #14- Due Process, Defines Citizenship(birthright citizenship), Equal Protection under the Law #15- Cannot be denied the right to vote based on race(African American men given the right to vote)
Separation of Powers
the division of power among the legislative, executive, and judicial branches of government so that no branch becomes too powerful
Inferior courts
the lower federal courts, those beneath the Supreme Court
How many Formal ways are there to Amend the Constitution?
4
Amendment
A change to the Constitution
Enabling Act
A congressional act directing the people of a United States territory to frame a proposed State constitution as a step towards admission to the Union
Explain how the formal amendment process reflects the concept of federalism.
A formal Amendment may be proposed by a 2/3 vote from each house in Congress, and then it is ratified by 3/4 of the State Legislatures. This shows the division of power between Federal and State governments. The majority of formal amendments have been done this way. Power is shared with the between Federal and State Government.
Popular Sovereignty
A government in which the people rule by their own consent.(the people have a strong voice)
Extradition
A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Amendments 5, 6 and 7 cover rights of the _____.
Accused
Cabinet
Advisory council for the president consisting of the heads of the executive departments, the vice president, and a few other officials selected by the president.
What does the Bill of Rights guarantee?
Freedom of speech, the press, religion, and peaceful assembly; the right to keep and bear arms; and privacy.
What is the 19th Amendment?
Gave women the right to vote(also known as womenś suffrage)
What is the 3rd Amendment?
No quartering of soldiers( making you keep house soldiers in your home)
What is the 4th Amendment?
No unreasonable search and seizure
Privileges and Immunities Clause
Part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.
Reserved Powers
powers that the Constitution does not give to the national government, powers that are kept by the states
What is the 12th amendment?
president and vice president must be voted on separately
Rule of Law
principle that the law applies to everyone, even those who govern
What is the 18th amendment?
prohibition, ban on alcohol
Judicial Review
review by the US Supreme Court of the constitutional validity of a legislative act.
What is the 8th Amendment?
No cruel or unusual punishment
For each of the basic principles of the Constitution describe a real-life example of it.
* Popular Sovereignty- We elect our leaders through free and fair election thus get input in our government. *Limited Government- We have rights the Gov´t can´t take away such as Free Speech, Freedom of Religion. *Separation of Powers- The Legislative Branch creates the laws but cannot enforce them. *Checks and Balances- The President can veto legislation, also the Legislature can impeach the President *Judicial Review- Loving vs. Virginia, the Supreme Court overturned the law that prohibited marriage between races. *Federalism- division of power between Federal government and State government. Example- Federal Gov´t can declare war, States can´t. States can regulate their interstate commerce(business) and Fed. Gov´t cannot.
Major parts of the Constitution? What is it´s structure? And the subjects they cover?
*Preamble- states the purpose of Constitution *Article I -creates Legislative Branch *Article II- creates the Executive Branch *Article III- creates the Judicial Branch *Article IV- discusses relations with/between the States *Article V- process for amending the Constitution *Article VI- discusses National Debt, supremacy of National laws, and oaths of office *Article VII- Process for Ratifying the Constitution *Amendments- changes/additions to the Constitution
What did the framers identify as the purposes of government?
1. Organized Government( Constitution establishes this framework for government) 2. Limited Government (Constitution restricts the power of the government to that power given to them) 3. Representative Government( Constitution ensures that the government serves the will of the people, popular sovereignty
What are the 2 steps to the Formal Amendment Process?
1. Propose the Amendment 2. Ratify the Amendment
What are the 5 ways that Informal Changes are made to the Constitution?
1. Thru Basic Legislation-Congress can pass laws to change or clarify the Constitution. 2. Thru Executive Action-President will use powers given in the Constitution to expand parts of the Constitution 3. Thru Court Decisions- reviews cases and makes decisions that clarify parts of the Constitution 4. Thru Political Parties- Actions of Political Parties that have altered/created procedures in government 5. Thru Customs- Procedural traditions developed over time that have no basis in the Constitution.
What amendment is the basis for Federalism?
10th amendment, which says that any power not given to the Federal Government, is given to the State government(which is basically the definition of Federalism)
What are the Executive Branch amendments?
12th , 20th,22nd ,23rd, 25th
Identify the Voting Rights amendments.
15, 19, 24, 26th amendments. The 15th Amendment gave African American men the right to vote in 1870. But many weren't able to exercise this right. Some states used literacy tests and other barriers to make it harder to vote. The 19th Amendment, ratified in 1920, gave American women the right to vote. The 24th Amendment, ratified in 1964, eliminated poll taxes. The tax had been used in some states to keep African Americans from voting in federal elections. The 26th Amendment, ratified in 1971, lowered the voting age for all elections to 18.
What is the most used method for an amendment to be added to the Constitution?
2/3 of both houses of Congress vote to propose the amendment, and it is ratified by 3/4 of the State Legislatures. 26 of the 27 Amendments have been done this way.
What is the 23rd amendment?
Allows DC (District of Columbia) to have 3 electoral votes.
What is an Informal Change to the Constitution?
An Informal Change doe NOT involve any actual change to the language of the Constitution. Instead it is a change in how we interpret or apply the language in the existing Constitution.
Executive Article
Article 2 of the constitution. Establishes the presidency and gives the executive power of the federal government to the president
Where will you find the Elastic Clause in the Constitution?
Article I
Where is Full Faith and Credit Clause in the Constitution?
Article IV(4)
Where would you find the Supremacy Clause in the Constitution?
Article IV(4)
Supremacy Clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
What are the first 10 amendments called?
Bill of Rights
Veto
Chief executive's(Presidents) power to reject a bill passed by a legislature
Full Faith and Credit Clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state. Is in Article IV(4)
Interstate compacts
Contracts between states that carry the force of law; generally now used as a tool to address multistate policy concerns
Unconstitutional
Contrary to what is permitted by the constitution
Delegated Powers
DELEGATED POWERS are powers specifically given by the Constitution to each separate branch of government. There are three types of Delegated powers: implied, expressed, and inherent.
What is the 1st Amendment?
Freedom of Religion, Speech, Press, Right to Assembly, and Right to Petition
What is the 17th amendment?
Direct election of US Senators by popular vote
Marbury v. Madison (1803)
Established judicial review; power of the Supreme Court.
Executive Agreement AND Executive Order- They are NOT the same.
Executive Agreement-A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval Executive Order-An executive order is a signed, written, and published directive from the President of the United States that manages operations of the federal government.
Expressed powers
Expressed Powers are powers that are written directly into the Constitution. An example of this is that in the Constitution it says that Congress has the power to collect taxes and coin money.
Categorical Grants
Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions. Ex. building an airport
Which principle is reflected in the 10th amendment?
Federalism
Bill of Rights
First 10 amendments to the Constitution
Ratification
Formal approval, making an Amendment to the Constitution or a treaty official.
Before the 22nd amendment was passed, one President served 4 terms, who was that?
Franklin D. Roosevelt (FDR)
Grants in Aid Programs
Grants of federal money or other resources to States, cities, counties, and other local units. Example, Grants-in-aid are frequently used for addressing important public problems and have also been used to encourage comprehensive planning and coordination at varying levels of geography ranging from neighborhoods to multistate regions.
What is the 25th amendment?
If President cannot complete his term, the V.P. becomes President. (Presidential Succession)
Implied Powers
Implied Powers are powers that aren't spelled out in the Constitution. For example, Congress has the power to 'make laws to carry out what's in the Constitution'. It doesn't say what Congress can make laws about. So they use their IMPLIED powers to write legislation. They've written laws about building the interstate highway system. No where in the Constitution does it say that Congress has the right to establish the Interstate Highway System. The founding fathers didn't know there were going to be automobiles and cars. Congress says that since it has the power to control INTERSTATE COMMERCE that it has the right to control the Highway System. That's an example of Congress exercising an implied power.
Electoral College
Is the formal body which elects the President and Vice President of the United States. Each state has as many "electors" in the Electoral College as it has Representatives and Senators in the United States Congress, and the District of Columbia has three electors.
What is the 24th Amendment?
Made poll taxes illegal. A poll tax is a fee that poor people were asked to pay in order to vote, and since they didn´t have the $ to pay, they were denied the right to vote.
Block Grants
Money from the national government that states can spend within broad guidelines determined by Washington
Name the 4 ways that the Constitution can be FORMALLY Amended.
National Convention is held and 2/3 of state legislators vote to propose amendment (33)----->Ratified by ¾ of special conventions held by the states (38)----> Amendment National Convention is held and 2/3 of state legislators vote to propose amendment (33)----->Ratified by ¾ state legislatures (38 states)----> Amendment 2/3 of both houses in Congress vote to propose the Amendment (HOR 287, SEN 66)---------->Ratified by ¾ of special conventions held by the states (38)-----> Amendment 2/3 of both houses in Congress vote to propose the Amendment (HOR 287, SEN 66)---->Ratified by ¾ state legislatures (38 states)----> Amendment
6 Principles of the Constitution
Popular Sovereignty, Limited Government, Separation of Powers, Checks and Balances, Judicial Review, Federalism
Concurrent Powers
Powers held jointly by the national and state governments.
Senatorial Courtesy
Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.
What is the 5th Amendment?
Right to Due Process under law, Protection from Self Incrimination, Protection from Double Jeopardy(being tried twice for same crime)
What is the 6th Amendment?
Right to a fair, speedy trial
What is the 2nd Amendment?
Right to keep and bear arms(guns)
What is the 7th Amendment?
Right to trial by jury
What is the 20th amendment?
Shortens the time from when the candidate is elected and when they take office. No "lame duck" term.
The 15th amendment is in the Reconstructionist amendments and also can be seen as part of the Voting Rights amendments. Why?
The 15th amendment (cannot deny the right to vote due to race)happened after Civil War/Reconstruction as a start to healing the damage from slavery so it fits as a Reconstructionist amendment, but it also deals with voters rights so it fits in the Voting Rights amendments too.
What Amendments are the Progressive Amendments? WHy were these Amendments needed?
The 16th, 17th, 18th are the Progressive Amendments. They were necessary to address societal problems. such as helped rebuild the financial aspect(with taxes) of the nation after the devastating losses of the Civil War(16), to reduce corruption in government(17) and to ban the sale of alcohol(18)
How are the 6 principles of government reflected in the Constitution? Examples.
The 6 principles are Popular Sovereignty, Limited Government, Separation of Powers, Checks and Balances, Judicial Review, Federalism. Examples of Each: *Popular Sovereignty: Amendment #19 gave women the right to vote *Limited Government: Amendment #22 ,A President can only serve 2 terms *Separation of Powers: Powers distributed between the 3 branches of government. *Checks and Balances: Congress can impeach the President for improper conduct. *Judicial Review: The Supreme Court declares a law as unconstitutional. *Federalism: States can make marriage laws for their state.
What is an example of limited government?
The Bill of Rights is a good example of where the Governments power is limited.
What is the 10th Amendment?
The Federal Government only has those powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people
Why were the Reconstruction amendments added to the Constitution?
The Reconstruction amendments were a part of implementing the Reconstruction of the American South after the war. ... These amendments were intended to guarantee the freedom of former slaves and to establish and prevent discrimination in certain civil rights to former slaves and all citizens of the United States.
Limited Government
The idea that certain restrictions should be placed on government to protect the natural rights of citizens.
Bicameralism
The principle of a two-house legislature.
What is the 9th Amendment?
The rights of the people are not limited to just the rights listed in the Constitution.
Constitutionalism
The set of arrangements, including checks and balances, federalism, separation of powers, rule of law, due process, and a bill of rights, that requires our leaders to listen, think, bargain, and explain before they act or make laws. We then hold them politically and legally accountable for how they exercise their powers.
Over 12,000 resolutions calling for amendments to the Constitution have been proposed. Only 27 have completed the full process to become formal amendments to the Constitution. Why have so few of the proposed amendments actually been ratified?
The vast majority of proposed amendments die in committees and subcommittees. Only 20 times since 1999 have proposed amendments even been voted on by the full House or Senate. SO the reason they never get ratified is because they rarely ever get the required 2/3 approval required in the 2 houses. And if the proposed amendment did get the 2/3 Congress approval it would still have to have 3/4 of the States approve it, which is another huge obstacle to ratification. It is VERY DIFFICULT TO GET EVERYONE TO AGREE!
Inherent Powers
These are powers that aren't anywhere in the Constitution. What are some inherent powers? Regulating immigration. The Constitution does not give the government power to regulate immigration. Another example of an inherent power is acquiring territory. The Constitution does not give the government the right to acquire territory.
Exclusive Powers
Those powers that can be exercised by the National Government alone
IN YOUR OWN WORDS, identify the beliefs/purpose of our government as outlined in the Preamble.
We citizens of the USA are making this Constitution to use as a guide for making a perfect country, that is peaceful, fair, safe, where our needs are met, where we are free, and we want this to exist for us and all USA citizens in the future.
Act of Admission
a congressional act admitting a new state to the union
Federalism
a form of government in which power is divided between the federal, or national government and the states
Treaty
a formal agreement between the governments of two or more countries
What is the Elastic Clause?
a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers. (allows them to stretch their powers)
What is the 13th Amendment?
abolished slavery
What is a lame duck?
an official (especially the president) in the final period of office, after the election of a successor. You are a lame duck if you are not getting any real work done.
Division of Powers
basic principle of federalism; the constitutional provisions by which governmental powers are divided on a geographic basis
Formal Amendment
changes or additions that become part of the written language of the constitution itself
What is the 16th amendment?
federal income tax developed
What is the 15th amendment?
gave African American men the right to vote, said that no one can be denied the right to vote based on race
Project grants
grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis
What is the 14th amendment?
granted citizenship to all who were natural born in the USA
What is the 22nd amendment?
limits the presidency to two terms or eight years.
What is the 26th Amendment?
lowered the voting age to 18