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The Constitution
Preamble-Article VI: No Religous Test
37
History
12th Grade
03/08/2011

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Cards

Term
Preamble
Definition
  • Introduction to the Constitution
  • explains purposes of govt.
  • Gouverneur Morris wrote it
  • States that in order to form a perfect union there has to be justice, domestic tranquility, provide for common defense, promote the general welfare, and secure our liberty and prosperity.
  • Patrick Henry was against wording of document b/c he wanted the respective states instead of the people be agents of the compact
Term
Ancient Republics
Definition

James Madison, John Adams, and many of the Founders studied th Romn Republic and ancient thenin nd Spartan philosophers and civilizations to find the best kind of govt. hat was the best means of ensuring both order and liberty.  The govt. they came up with was the Republican govt. thanks to those great philosophers.

Term
Connecticut Compromise (Great Compromise)
Definition
  • Presented by Roger Sherman at the Constitutional Convention
  • Resolved issues of representation in Congress
  • states would be represented equally in senate
  • proporitonately in the house
  • slave states could count 3/5ths of slave populations for purposes of representaton and taxation
  • proposed legislation for the purpose of raising money would have to come from the House
  • approved by  one-vote margin
Term
New Jersey Plan
Definition
  • primarily a response to the Virginia Plane
  • presented at the Constiutional Convention
  • Under it, Congress had the additional powers of setting and collecting taxs
  • federal laws ruled over state laws
  • called for congress to select an excutive council, would serve four ears, and would be subject to recall y state governors
  • the judiciary would be appointed by the excutive and would serve for life
  • small states feared large ones would become too powerful
  • the plan attempted to give small stats equl powers in COngress as the large ones

 

Term
Virginia Plan
Definition
  • written by James Madison and presented by Edmund Randolph in Constitutional Convention
  • Virginia Plan shows Montesquieu's influence on Mdison
  • called for spearation of powers with the three branches of govt.
  • created bicameral legislature with both houses based on proportionate representation
  • adopted by convention and written into the constitution
Term
Article I: Definiton
Definition

Begins by defining the first of three seperate powers of the govt. Establishs bicameral legislature: a senate and a house.  Explains the form, function,owers and limitations on legislative branch of govt.

Term
Article I, Section 7: A Bill Becomes a Law
Definition
  • Shows how a bill becomes a law through the Constitution's seperation of powers and system of checks and balances
  • Federal laws are written in Congress
  • Laws for raising money in the House
  • proposed laws or bills must pass Congress with majority of vote
  • then the bill is sent to the president, sign or veto
  • if president signs, becomes a law.
  • If president returns the bill to Congress, Congress can override the veto with a 3/3rds majority vote in both houses
  • can become law if 10 days pass with no sign or veto
  • but if Congress adjourns withinten days, th bill does not become a law
Term
Article I, Section 8: Powers of Congress
Definition
  • Powers of Congress are listed, limited nd enumerated powers
  • The listing of specific powers provides for a Limited Govt.
  • After listing each specific power, the Article concludes with th "Necessary  and Proper Clause," which lets Congress make all laws necessary to carry out the powers listed
Term
Article I, section 8: The Commerce Clause
Definition

  • power granted to Congress to regulate interstate commerce
  • this power has been the center of several Supreme Court cases

Term
Article I, Section 8: Patents and Copyrights
Definition

  • gives Congress the power to promote art and science by promising protection and money to artists' and writers' work by issuing copyrights and patents
  • the first Copyright Act was passed in 1790 

Term
Article I, Section 8: Necessary and Proper Clause
Definition

  • congress has the power to make laws necessary for accomplishing foregoing powers, and all other powers the constitution gave to congress
  • referred to as the "Elastic clause"because you can stretch the powers of Congress

Term
Article I, Section 9: Limitations on Congress
Definition

  • Specific limits and prohibitions, like not suspending habeas corpus except in cases of rebellion or invasion, or when public safety requires it

Term
Article I, Section 9: Habeas Corpus
Definition
  • Latin for "You may have the body"
  • habeas corpus is the essential protection of liberty in the U.S. system of justice and you have to tell the person that is imprisoned what they are being accused of or they have to be released
  • limits Congress

 

Term
Article I, Section 10: Limitations on States
Definition
  • this article lists actions that states may not take and some they make take by the permission of Congress

 

Term
Article I, Section 2: House of Representatives
Definition
  • Representatives are elected every 2 yrs by people of their state
  • candidate mus be at leaste 25 and have lived in the US for 7 yrs
  • States have 1 rep. for every 35,000 residents
Term
Article I, Section 3: The Senate
Definition
  • Senators are elected every 6 yrs, each state has 2 senators
  • Senators must be 30 and live in the US for at least 9 yrs
  • the VP of the US serves as president of the Senate, but has no vote except in case of a tie
Term
Article II: Definition
Definition
  • it explains the form, function, powers, and limitations on the executive branch of govt.

 

Term
Article II, Section I: Election of President
Definition
  • describes how the president and VP are elected
Term
Article II, Section 1: The Oath of Office
Definition
  • The president may not take office until he or she takes takes an oath affirming to "preserve,protect and defend teh Constitution of the United States."
Term
Article II, Section 2: Treaty Making
Definition
  • Establishes the executive branch
  • section 2 lists some of the president's powers, one being making treaties with the advice and permission of Senate
Term
Article II, Section 2: President as Commander in Chief
Definition
  • president has the power to wage war
  • the Pres. role is to provide civilian control of the military
  • The War Powers Resolution (1973) was an attempt to clarify the relationship b/w the president and Congress military powers
Term
Article II, Section 2: other Powers of the President
Definition
  • The president serves as chive officer of executive departments, appoints Supreme Court justices, and ambassadors
Term
Article II, Section 3: duties of the President
Definition
  • President must make sure that federal laws are executed
  • addresses Congress on the state of the union
  • can call both houses together
  • recieves ambassadors and public ministers
Term
Article II, Section 3: Take Care Clause
Definition
  • President makes sure that laws are carried out
Term
Article II, Section 4: Executive Impeachment
Definition
  • the President and VP can be removed from office if they  are impeached
Term
Article III: Definition (1787)
Definition
  • describes the third branch of the govt's. seperated powers
  • explains the structure, function and jurisdiction of the judicial branch
Term
Article III, Section 1: The Court System
Definition
  • The Judicial branch consists of 1 Supreme Court, and inferior courts created by Congress
  • all judges hold position for life, if they have behave good
Term
Article III, Section 2: Judicial Power
Definition
  • defines the federal judiciary's jurisdiction
  • section later amended by the 11th amendment
Term
Article III, Section 3: Treason
Definition
  • treason means making war agains the US, or giving "aid and comfort" to her enemies
  • Congress determines punishment for treason
Term
Article IV, Section 1: Full Faith and Credit Clause
Definition
  • states must honor the contracts, public records and court proceedings of other states
Term
Article IV, Section 2: Privileges and Immunities Clause
Definition
  • written to ensure justice and equality among citizens
  • echoed in the 14th amendment

 

Term
Article IV, Section 2: States and Fugitives
Definition
  • fugitives who flee to another states will be returned to where the crime occurred on that state governor's request
  • slaves will not become free to when they flee to a free state
Term
Article IV, Section 3: New States
Definition
  • new states may be formed and admitted, but they may not be within the borders of any existing states, nor made by putting two states togeteher unless the state and federal legislatures approve

 

Term
Article IV, Section 4: Republican State Governments
Definition
  • the federal govt. will guarantee republican forms of govt to the individual states
Term
Article V: Amending the Constitution
Definition
  • Congress can propose amend. when 2/3rds of both houses agree, or when 2/3rds of the state legislatruess call on congress to do so
  • must be ratified by 3/4ths of the states
Term
Article VI: The Supremacy Clause
Definition
  • The constitution is the supreme law of the land
  • States have to follow federal laws
Term
Article VI: No Religious Test
Definition
  • The US cannot require that public officials submit to a religious test in order to hold office

 

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