The US Constitution – Chapter 9 Test Study Guide
- Be able to define each of the 10 amendments that are part of the Bill of Rights.
1st - freedom of religion, press, speech, petition, and assembly
2nd - right to bear arms
3rd - no quartering of soldiers in private homes during times of war or peace
4th– prevents illegal search and seizure of property (can’t search you or your property without a warrant)
5th– “due process”; no double jeopardy, right to remain silent, eminent domain
6th– right to a public trial, right to an attorney
7th– right to a jury trial in public and civil court cases
8th– no cruel and unusual punishment, including no excessive bail
9th – rights of the people not specifically listed in the Constitution
10th- - rights of the state not specifically listed in the Constitution
- Define delegated, reserved, and concurrent powers and give at least 3 examples of each.
Delegated – powers given to the federal government; declare war, maintain armed forces, regulate interstate and foreign trade , admit new states, establish post offices, set standard weights and measures, coin money, establish foreign policy, make all laws necessary and proper
Reserved – powers saved for the states and citizens; establish and maintain schools, establish local government, regulate business within the state, marriage laws, assume other powers not delegated to the national government
Concurrent - powers shared by both state and federal government; maintain law and order, levy taxes, borrow $$, charter banks, establish courts, provide for the public welfare
- What is the elastic or necessary and proper clause? What does it do?
It gives Congress the right to enact laws (within the boundaries of the Constitution) that expand their powers; it provides the government with flexibility to offer more security
- Who were the Antifederalists? What did they believe?
Group of people who worked against the passage of the Constitution; they believed that it gave one group of people too much power and would not permit its passage without a Bill of Rights to protect individual freedoms and rights
- Who were the Federalists? What did they believe?
Group of people who worked for the passage of the Constitution; they believed that provided a good balance of power between the state and federal government
- Be able to describe each branch of government – Who is in charge? What are their responsibilities/duties? What are their powers?
Judicial – Includes all the national courts. Their duties include interpreting laws and punishing criminals, as well as settling state disputes. Their main power is judicial review, which allows them to declare a law unconstitutional
Executive – Includes the President and his Cabinet members. Their duties include the enforcement of laws or making sure they are properly carried out. Their powers include veto (President has the power of a pocket veto), pardoning criminals, issuing an executive order, appointing Supreme Court Justices, and appointing Cabinet members.
Legislative – Includes the entire Congress, both the Senate and the House of Representatives. Their duty is to make the laws. Their powers include the ability to impeach the President, override a Presidential veto with a 2/3 majority vote, and proposing amendments to current laws
- When was the US Constitution ratified?
June 21, 1788
- Why was the Constitution created? What did it replace?
It was meant to establish our federal government. It replaced the dysfunctional Articles of Confederation.
- How many branches of the US government are there?
There are 3 branches
- How many amendments have been made , TOTAL, to the Constitution over the years?
There have been 27 amendments to the Constitution TOTAL over the years.
**Study your Chapter 9 terms as defined at the beginning of the unit (see the vocabulary chart at the beginning of your packet!)
Representative Democracy – government led by officials chosen by the people
Delegated powers – powers granted to the federal government
Elastic clause – allows Congress to expand its powers to make all laws “necessary and proper” for carrying out its duties; provides for flexibility in government
Reserved powers – powers kept by state and local government and citizens
Concurrent powers –powers shared by state and federal governments
Separation of powers - designed to balance each branch of government against the others; keeps any one branch from becoming too powerful
Apportionment – planned distribution of representatives
Impeach – vote to bring charges against the President
Veto – cancels a law
Executive Order – any command issued by the President that carries the weight of law
Pardon – freedom from punishment, usually granted by the President
Cabinet – advises the President, made up of secretaries
Search warrant – order permitting police to look through someone’s property
Due process – law is always fairly applied
Indict – formally accuse
Double jeopardy – trying someone twice for the same crime
Eminent domain –government has the power to take personal property as long as it benefits the public
Petition – make a request of the government