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Constitution Overview
An Outline of the Constitution Overview by George Morris
59
Law
Undergraduate 1
06/09/2011
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Term
First Amendment:
 Definition
a) Freedom of religion
(1) Establishment Clause
(2) Free Exercise Clause
b) Freedom of press and assembly
c) Right to redress of grievances
Term
Second Amendment:
 Definition
Right to keep and bear arms
Term
Third Amendment:
 Definition
No quartering of troops in private homes
Term
Fourth Amendment:
 Definition
Right against unreasonable search and seizure
Term
Fifth Amendment:
 Definition
Right against self-incrimination and double jeopardy (right to due process of law)
Term
Sixth Amendment:
 Definition
Right to a speedy trial
Term
Seventh Amendment:
 Definition
Right to a trial by jury
Term
Eighth Amendment:
 Definition
Right against cruel and unusual punishment (as well as unreasonable bail or fines).
Term
Ninth Amendment:
 Definition
People still retained other rights even though not enumerated in the Constitution.
Term
Tenth Amendment:
 Definition
Powers not delegated to the federal government via the Constitution were retained by the states or by the people.
Term
Eleventh Amendment: (1795)
 Definition
No intrastate lawsuits (limitations on lawsuits by a citizen against a state).
Term
Twelfth Amendment:(1804)
 Definition
Changes in the electoral college system (i.e. vice-presidential selection).
Term
Thirteenth Amendment (1865):
 Definition
Prohibits slavery
Term
Fourteenth Amendment (1868):
 Definition
Requires states to recognize the right to due process and to equal protection of the law.
Term
Fifteenth Amendment (1870):
 Definition
Voters’ rights
Term
Sixteenth Amendment (1913):
 Definition
Power of Congress to levy an income tax.
Term
Seventeenth Amendment (1913):
 Definition
Election of Senators directly by the people of the states rather than indirectly by their state legislatures.
Term
Eighteenth Amendment (1919):
 Definition
Prohibition on the sale or consumption of alcohol.
Term
Nineteenth Amendment (1920):
 Definition
Right of women to vote
Term
Twentieth Amendment (1933):
 Definition
Term limits on the presidency
Term
Twenty-First Amendment (1933):
 Definition
Repeal of prohibition
Term
Twenty-Second Amendment (1951):
 Definition
Presidential term limits
Term
Twenty-Third Amendment (1961):
 Definition
Voting rights given to the citizens of the District of Columbia in presidential elections
Term
Twenty-Fourth Amendment (1964):
 Definition
Elimination of the federal poll tax
Term
Twenty-Fifth Amendment (1967):
 Definition
Presidential succession refined
Term
Twenty-Sixth Amendment (1992):
 Definition
Voting rights for those over eighteen years old
Term
Twenty-Seventh Amendment:
 Definition
Prohibition on congressional pay raises which go into effect before the next election
Term
Constitutional Convention:
 Definition
Philadelphia—Summer of 1787.
Term
The main problem with the Articles of Confederation was...
 Definition
...its requirement that any amendments to the Articles had to be approved by the unanimous consent of all the states.
Term
What was the purpose of the Federalist Papers?
 Definition
These articles formed a foundation in the minds of the people for the concepts embodied in the Constitution, showing how issues of general public concern were addressed by the Constitution.
Term
The Federalist Papers were written by:
 Definition
1. James Madison
2. Alexander Hamilton
3. John Jay
Term
“The Great Experiment”:
 Definition
The Founding Fathers referred to the Constitution as “the great experiment.”
The question which they pondered was whether the reflection of reasonable men could result in the creation of good government.
Term
Basic Structure:
 Definition
As originally drafted, the Constitution is composed of seven articles. There have been 27 amendments added subsequently.
Term
Two important themes which run throughout the Constitution:
 Definition
a) Separation of Powers
b) Federalism
Term
Separation of Powers:
 Definition
No one person in government has sole authority. The federal government’s authority is shared between the three branches of government.
Term
Federalism:
 Definition
States have the primary power of governing, and a portion of that power is delegated to
the federal government.
Term
Federalism and Separation of Powers reflect the Founding Father’s awareness of...
 Definition
the depravity of man and also apply the
concept of the Presbyterian “body of elders” (i.e., more than one leader).
Term
Article I:
 Definition
Congressional/Legislative powers (promulgate laws)
a) Senate is the “upper house.”
b) House of Representatives is the “lower house.”
Term
Article II:
 Definition
Executive power (enforce laws enacted by Congress)
a) Qualifications for the presidency.
b) Creation of the “electoral college.”
Term
Article III:
 Definition
Judicial power
a) The Supreme Court is expressly established in the Constitution.
b) Congress is given the power to create lower courts. Congress exercised this power, creating the
federal court system as we know it, as well as other specialized courts to deal with matters such as
bankruptcy and patents.
Term
Article IV:
 Definition
General provisions such as the Full Faith and Credit Clause and the process whereby states
are admitted to the Union.
Term
Article V:
 Definition
Constitutional Amendments Process (how the Constitution can be changed.)
a) Two-thirds vote by each the Senate and the House of Representatives.
b) Three-fourths of the states must then approve it.
Term
Articles VI and VII:
 Definition
Miscellaneous Provisions
Term
Bill of Rights (1791)
 Definition
The states that ratified the Consitution conditioned their approval on the promise that these concerns would be addressed. The Bill of Rights was drafted to address these concerns.
Term
The Executive Branch Consists of:
 Definition
The President
The cabinet (executive departements)
Term
Legislative Branch consists of:
 Definition
Congress which is the House of Representatives and the Senate.
Term
The Judicial Branch Consists of:
 Definition
The United States Supreme Court and Inferior Federal Courts.
Term
The Commerce Clause's original interpretation:
 Definition
State regulation of interstate commerce prohibited where federal regulation exists or where regulation unduly burdens interstate commerce
Term
Under the modern interpretation of the Commerce Clause,
 Definition
...the power of Congress over interstate commerce is virtually unlimited.
Term
The State Government has how much power?
 Definition
The state government is the main repository of power. (or at least used to be)
Term
The correct order of powers is:
 Definition
#1 power is given to the people,
#2 some power is delegated to the states,
#3 even less power is (or should be) delegated to the federal government
Term
The federal government is under what two important documents?
 Definition
The Constitution and the Bill of Rights
Term
Legal Doctrines of the First Amendment:
 Definition
Freedom of Religion, Freedom of Speech, Freedom of the Press, Freedom of Association.
Term
Legal Doctrines of the Second Amendment:
 Definition
Right to Bear Arms
Term
Legal Doctrines of the Fourth Amendment:
 Definition
Search and Seizure Requirement,
Warrant Requirement,
Probable Cause Requirement
Term
Legal Doctrines of the Fifth Amendment:
 Definition
Privilege against Self-Incrimination,
Right to Due Process,
Prohibition on Double Jeopardy,
Eminent Domain (Takings Clause)
Term
Legal Doctrines of the Sixth Amendment:
 Definition
Right to a Speedy Trial,
Right to Public Trial
Right to Impartial Judge and Jury
Right to Counsel
Right to Confrontation
Term
Legal Doctrines of the Seventh Amendment:
 Definition
Right to Trial by Jury
Term
Legal Doctrines of the Eighth Amendment:
 Definition
Prohibition on Cruel and Unusual Punishment,
Prohibition on Excessive Bail, Fines.
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