Constitution Test Study Guide Part One: Development of the Constitution Articles of Confederation: America's first government. The 13 states were loosely unified but the government was very weak, with no power to tax. It demonstrated the need for a stronger, more centralized government among the 13 states. Know specific examples of how many felt the Articles of Confederation were too weak. Constitutional Convention of 1787 Plans for government: The Virginia Plan-Bicameral Legislature (two house) legislature (place where laws are made), with each state getting representatives based on population The New Jersey Plan-Unicameral Legislature (One House) legislature (place where laws are made), with each state getting one vote Issue of Slavery: 3/5ths Compromise- 3/5ths of all slaves in Southern states would be counted as part of the population for determining the number of representatives in the House of Representatives. Part Two: Vocabulary Federalism- Power is shared between the National, State and Local governments The Preamble- Explains the purpose and function of government Judicial Review- The power of the Supreme Court to declare a law unconstitutional (not allowed by the constitution) Impeach: To accuse of a government official of breaking the law or other wrongdoings The Elastic Clause- Gives congress to the power to make laws for to meet the needs of changing times Separation of Church and State- The government cannot give any religion special treatment or create a religion Presidential Election- 270 out of 538 electoral votes needed to be elected president Veto- To reject a law Check- To stop something Amend- To change Execute-To put into action Interpret-To explain and understand what something means Sovereign-a nation that is independent from other nations and has the authority to govern itself Tyrant- a leader who has complete power over a country and who is cruel and unfair Legislate- to control, create, or cause (something) by making laws Federalists People that supported the ratification of the Constitution & a stronger central government Anti-Federalists People that did not support the ratification of the Constitution & a stronger central government Ratify To pass, or accept
Part Three: The Three Branches of Government 1. Legislative Branch: Makes the law Congress: Made up of the Senate and House of Representatives Senate House of Representatives Number of Members 100 ( 2 from each state) 435 ( Determined by a states population; each state get 1 member for every 770, 000 people) Length of Terms 6 yrs 2 yrs Qualifications 30 yrs old, a citizen for at least 9yrs, & have to live in the state representing 25 yrs old, a citizen for at least 7yrs, have to live in the state representing Powers: Make Laws, Declare War, Coin Money, Borrow Money, Create Post offices, Create Courts Punish Piracy and Counterfeiting, Create an Army and Navy Propose Amendments ( 3/4ths of the states have to approve the Amendment before it is added to the Constitution) ` 2. The Executive Branch: Enforces the law President of the United States is the head of the Executive Branch Length of Term: 4 yrs ( can only be elected President twice) Qualifications: 35 yrs old, a natural born citizen, and have lived in the U.S. for 14 yrs Powers Make treaties with other nations (they have to be approved by the senate), appoint Judges & government officials (have to be approved by the senate), Commander and Chief of the armed forces, Pardon crimes against the United States, Suggest Laws 3. Judicial Branch- Interprets the law The Supreme Court is made up of Nine Justices: The Chief Justices and 8 associate Justices Length of Term: For Life Powers of the Supreme Court Hear cases that involve breaking federal laws, violating the constitution, violating the terms of a treaty To decide what laws and actions are constitutional and which are unconstitutional Part Four: Checks and Balances Checks and Balances- a system where each branch can stop the actions of another branch Checks by the Executive Branch President can veto a law sent by congress Checks by the Legislative Branch Legislative Branch 2/3 of members in the Senate and in the House of Representatives vote Yes to override (cancel) the Presidents veto President can appoint a Supreme court judge but congress can reject the president s selection Congress can impeach and remove the President from office (Impeachment trials as held in the Senate) Congress can impeach and remove Supreme Court Justice
Checks by the Judicial Branch Can declare that any law or act of Congress unconstitutional Can declare any act by the president unconstitutional The 27 Amendments - First 10 are called the Bill of Rights The 1 st Amendment n Freedom of speech, press, religion, assembly, petition the government The 2 nd Amendment n The right to bear arms. (carry a weapon) The 3 rd Amendment n People do not have to allow soldiers to live in their homes. The 4 th Amendment n The police cannot search or seize your property without a warrant. The 5 th Amendment n A person accused of a crime: n 1. has the right to a fair trial. n n 2. cannot be tried for the same crime twice (double jeopardy). 3. does not have to testify against him or herself in court. ***Also called DUE PROCESS The 6 th Amendment n 1. People accused of a crime have the right to: a) a speedy public trial by a jury b) a lawyer even if they cannot afford one. c) be told what crime they are accused of. The 7 th Amendment n 1. People who have a disagreement about something worth more than $20.00 have the right to a trial by jury. The 8 th Amendment n 1. In most cases accused people can remain out of jail until their trial if they pay bail. (Bail is the sum of money they will lose if they do not show up for their trial.) n 2. Courts cannot demand bail that is too high or punish people in cruel ways. The 9 th Amendment n People have rights that are not listed in the Constitution. The 10 th Amendment n Any rights or powers the Constitution does not give to the Federal government belong to the states and its people. YOU DO NOT NEED TO KNOW AMENDMENTS 11-27 11th Amendment 12th Amendment 13th Amendment 14th Amendment 15th Amendment 16th Amendment 17th Amendment 18th Amendment 19th Amendment 20th Amendment 21st Amendment 22nd Amendment 23rd Amendment 24th Amendment 25th Amendment 26th Amendment 27th Amendment A state cannot be sued by someone from another state Separate the elections for President and Vice-President Abolished slavery in the entire United States. All people born in the U.S. are citizens People cannot denied the right to vote because of race Authorizes the United States to collect income taxes. Senators elected by the people Abolished the sale or manufacture of alcohol in the United States. Gives woman the right to vote The President and Vice President take office on January 20th Makes Alcohol legal again Set a limit on the number of times a President could be elected - two four-year terms. Gives Washington D.C. the right to three electors in Presidential elections. Poll taxes are not allowed, States cannot charge people to vote in a federal election If the President dies, resigns or becomes disabled, the Vice President becomes the President Ensures that any person 18 or over may vote. Congress cannot vote itself a raise while they are still in office
Use the Constitution Exam Study to complete the following Part I: : U.S. Constitution Review Exercises 1. The Articles of Confederation demonstrated the need for a more centralized government. 2. The plan proposed a bicameral Legislature, with number of representatives based on a state's population 3. The plan proposed a Unicameral Legislature with each state with one vote per state. 4. Under the compromise, 3/5ths of all slaves would be counted toward a state's population to determine how many members that state receives in the House of Representatives 5. The function of the Legislative branch is to laws 6. The function of the Executive Branch is to the laws 7. The function of the Judicial Branch is to the laws 8. Congress is made up of the and of 9. In the Senate, each state is given representatives 10. The number of representatives for each state in the House of Representatives is determined by the of that state 11. Senators are elected to a year term 12. Members in the House of Representatives are elected to a year term 13. Congress has the power to war by a majority vote in each house. 14. The House of Representatives has the power to the President. 15. An impeachment trial of a President is held in the 16. To override a Presidential veto, a vote is needed in each House of Congress 17. The number of times a person can be elected President is 18. The President serves a year term 19. The President is the of the armed forces. 20. The President can, or reject a bill sent by Congress 21. To be elected President, a candidate needs electoral votes 22. The Advisors to the President are known as the 23. The Supreme Court is made up of justices
24. Supreme Court Justices are by the President of the United States 25. The job of the Supreme Court is to decide if laws are 26. gives the Supreme Court the power to declare laws, acts of the President and Congress unconstitutional 27. The first ten amendments to the Constitution are known as the 28. The system where one branch of government can limit the power of the other branches of government is known as 29. For an amendment to be added to the Constitution, of the states must ratify it 30. Federalists John Jay, Alexander Hamilton, and James Madison wrote a series of essays called in order to gain support for the ratification of the Constitution. 31. of the 13 states were needed to ratify the Constitution. Part II: Identify the correct term for each definition 32. To reject a law 33. To change 34. To put into action 35. To accuse of a government official of breaking the law or other wrongdoings 36. A nation that is independent from other nations and has the authority to govern itself 37. Power is shared between the National, State and Local governments\ 38. a leader who has complete power over a country and who is cruel and unfair 39. To explain and understand what something means 40. To control, create, or cause (something) by making laws Part III: Identify the correct Amendments 41. 1st Amendment 42. 2nd Amendment 43. 4th Amendment 44. 5th Amendment 45. 6th Amendment a) Right to bear arms b) No self-incrimination c) No illegal search and seizure d) Freedom of speech, religion, press, assembly and petition e) Right to a speedy trial