Magruder's American Government Chapter 3

Amendment 4

-Protection against arbitrary searches and seizures without proper warrant or probably cause

Amendment 8

-Protection from excessive bail or fines -Protection from cruel and unusual punishment

Amendment 3

-Protection from having to quarter soldiers in time of peace without consent of the owner, nor in time of war except as provided by law

Amendment 5

-Protection from prosecution without an indictment -Protection form being tried for the same crime twice -Protection from having to testify against oneself -Protection from the loss of life, liberty, or property without due process of law -Protection from loss of property without just compensation

Amendment 9

-The fact that the Constitution spells out a number of civil rights does not mean that there are not other, unwritten, rights held by the people

Amendment 10

-The powers not delegated to the federal govt. may be exercised by the States, as long as they are not prohibited by the Constitution

Amendment 6

-The right to a speedy trial by an impartial jury -The right to be informed of charges, to cross-examine witnesses, and to present favorable witnesses -The right to an attorney

Amendment 7

-The right to a trial by jury in any civil case where the amount of money involved is $20 or more

Amendment 2

-The right to maintain a militia -The right to bear arms

Amendment 1

-freedom of religion, speech, and the press -Freedom to peaceably assemble and to petition the govt.

Treaty

A formal agreement between two or more sovereign states.

Executive Agreement

A pact made by the President directly with the head of a foreign state.

Amendment 13

Abolished slavery

Amendment 24

Abolished the poll tax for all federal elections

Amendment 14

Addresses citizenship rights and equal protection of the laws

Federalist 78

Alexander Hamilton wrote: "The interpretation of the laws is proper and peculiar province of the courts."

Popular Sovereignty

All political power resides in the people.

Amendment 16

Allows the federal (United States) government to levy (collect) an income tax from all Americans. Income tax allows for the federal government to keep an army, build roads and bridges, enforce laws and carry out other important duties.

Article 5

Amending the Constitution

Cabinet

An advisory board to the President.

Amendment

Changes in the constitution's written words.

Formal Amendment

Changes or additions that become part of the written language of the Constitution itself.

Dillon V. Gloss 1921

Congress has set a similar limit on the ratification period for each of the amendments (except 19th) that it has proposed since then,

Veto

Congress has the power to make laws, but the President may veto (reject) any act of Congress. I its turn, Congress can override a presidential veto by a two-thirds vote in each house.

Article 2

Creates the Executive Branch

Article 3

Creates the Judiciary Branch

Article 1

Creates the Legislative Branch

Amendment 25

Deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities

Amendment 17

Established the popular election of United States Senators by the people of the states

Amendment 23

Extends the right to vote in the presidential election to citizens residing in the District of Columbia by granting the District electors in the Electoral College, as if it were a state

Bill of Rights

First ten amendment

Ratification

First, an amendment may be proposed by a two-thirds vote in each house of Congress and ratified by three fourths of the State legislatures.

Amendment 27

Forbids the members of Congress from using their own pay during that term

Amendment 19

Gave women the right to vote in 1920.

Constitutionalism

Government must be conducted according to the constitutional principles.

Separation of Powers

In a presidential system, these basic powers are distributed - separated - among three distinct and independent branches of govt.

Federalist 51

James Madison described the judicial power as one of the "auxiliary precautions" against the possible domination of one branch of government over the other.

Federalist 47

James Madison. The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many... may justly be pronounced the very definition of tyranny."

Amendment 26

Lowered the voting age to 18 in all elections

Article 6

National debts, supremacy of national law, oaths of office

Amendment 11

No State may be sued in the federal courts by a citizen of another State or by a citizen of any foreign state.

Limited Government

No government is all-powerful. That govt. may do only those things that the people have given it the power to do.

Amendment 18

Prohibition of alcohol

Amendment 15

Prohibits the federal and state governments from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude."

Amendment 12

Providing for election of the president and vice president by the electoral college: should there be no majority vote for one person, the House of Representatives (one vote per state) chooses the president and the Senate the vice president.

Article 7

Ratifying the Constitution

Article 4

Relations among States

Amendment 21

Repeal of Prohibition

Senatorial Courtesy

Senate will prove only those presidential appointees, such as a federal judge or a United States marshal, who are acceptable the senator or senators of the President's party from the State involved.

Amendment 20

Sets the dates at which federal (United States) government elected offices end. In also defines who succeeds the president if the president dies.

Preamble

States the purpose of the Constitution

Hawk v. Smith 1920

The Supreme Court has held that a State cannot require an amendment proposed by Congress t be approved by a vote of the people of the state before it can be ratified by that State's legislature.

Kimble v. Swackhamer 1978

The Supreme Court has held that a State cannot require an amendment proposed by Congress t be approved by a vote of the people of the state before it can be ratified by that State's legislature. However, a State legislature can call for an advisory vote by the people before it acts.

Electoral College

The body that makes the formal selection of the nation's President.

Rule of Law

The concept of limited govt. is also frequently described as rule of law, which holds that govt. and its officers, in all they do, are always subject to - never above - the law.

Federalism

The division of power among a central govt. and several regional govts.

Judicial Review

The power of a court to determine the constitutionality of a govt. action.

Marbury v. Madison

The supreme court established the power of judicial review.

Checks and Balances

This means that each branch is subject to a number of constitutional checks, or restraints, by the other branches.

Amendment 22

limiting the number of terms in which a President ay serve to two

Unconstitutional

to declare illegal, null and void, of no force and effect