Constitution, Bill of Rights, and Chapter 6 of America: Past and Present AP Edition (6th Edition) by Divine, Breen, Fredrickson, and Williams Flashcards

Terms Definitions
Amendment 1
Which amendment states that you have the right to form an assembly?
Amendment 1
Which amendment states that you have freedom of speech?
Amendment 1
Which amendment states that you have the freedom of press?
Amendment 1
Which amendment states that you have the freedom of religion?
Amendment 1
Which amendment states that you have the right to petition?
Amendment 2
What amendment states that you have the right to bear arms?
Amendment 3
Which amendment states that you need to have the consent of an owner to quarter soldiers?
Amendment 4
Which amendment protects the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause?
Amendment 5
Which amendment states that you can't be tried for any serious crime without a Grand Jury meeting first to decide whether there's enough evidence for a trial?
Amendment 5
Which amendment states that the government can't try again with another jury? (Double Jeopardy)
Amendment 5
Which amendment states that you have the right to remain silent?
Amendment 5
Which amendment states that you can't be killed, put in jail, or fined, unless you were convicted of a crime by a jury?
Amendment 6
Which amendment states that you have a right to be publicly tried very soon?
Amendment 6
Which amendment states that you must be tried by an impartial jury of your peers?
Amendment 6
Which amendment states that you have the right to know what you're being charged against?
Amendment 6
Which amendment states that you have the right to see and hear the people who are witnesses against you, to have the government help you get witnesses on your side, and the right to a lawyer to help you?
Amendment 7
Which amendment speaks about civil trial by jury?
Amendment 8
Which amendment states that there shall be no excessive fines imposed, nor excessive bail required?
Amendment 8
Which amendment states that there shall be no cruel and unusual punishment?
Amendment 9
Which amendment states that none of the rights will deny other rights?
Amendment 10
Which amendment states that the rights are to be decided by the states and the people, if the national government has not decided?
Establishment Clause
The government cannot favor one religion over another, or make any laws about religion (Separation of Church and State).
Bill of Rights
The first 10 amendments in the constitution
Number of Amendments
Amendment 5
Which amendment states that you have the right to the due process of law?
Pushed for the Bill of Rights; fearful of corruption in government, want personal contact with political representation. Tended to be poorer, less educated, less urban. Montesquieu's ideas scare them.
True or False: Congress cannot restrict any religious practices.
Not necessarily
Under the free speech section of amendment 1, are art, protest, music, pamphlet, etc. all protected?
Plain Sight Doctrine
Police can search you without a warrant, legally.
According to the ___ amendment, you can refuse a search if a warrant is not present and the Plain Sight Doctrine is not being used.
Articles of Confederation
What was the first "Constitution" called that was approved in 1777?
Congress had limited power
What was one of the big problems with the Articles of Confederation?
True or false: Generally, people were scared of centralized government.
John Dickinson
Head of Committee for Confederation
State government
Under the Articles of Confederation, which government had more power, state or federal government?
Constitutional Convention
What meeting was held to improve the Articles of Confederation?
Articles of Confederation
The Constitution was created because of the weakness of what document?
True or False: The colonists wanted to have their "rules" written down, so that they were explicitly stated, unlike the British rules that were more like guidelines and up to interpretation.
What city was the Constitutional Convention held in?
What year was the constitution written in?
James Madison
Who is known as the Father of the constitution?
What is the first sentence in the constitution called, and where are the goals and objectives of the Constitution written?
Article 1
Where does the constitution talk about the Legislative branch?
Article 2
Where does the constitution talk about the Executive branch?
Article 3
Where does the constitution talk about the Judicial branch?
Article 4
Where does the constitution talk about state interaction?
Article 5
Where does the constitution talk about amending to the constitution?
Article 6
Where does the constitution talk about the superiority clause?
Article 7
Where does the constitution talk about the ratification of the document and state that it is the supreme law of the land?
How many articles are there in the Constitution?
Who has the power to declare war? (1.8)
Who can tax on exports? (1.9)
House of Representatives
Who can impeach the President? (1.2)
Who tries the impeached President? (1.3)
Who has the power to make treaties? (2.2)
Who has to approve the treaties made by the President? (2.2)
Who can grant pardons? (2.2)
Congress (technically)
Who can suspend habius corpus? (1.9)
Both houses of Congress
Who can override a veto with a 2/3 majority? (1.7)
Who regulates interstate congress? (1.8)
Who creates and funds armed forces? (1.8)
9 states
How many states are needed to ratify the constitution? (Article 7)
Who has the power to regulate slavery, even though it is never explicitly stated? (1.2, 1.9, & 4.2)
(a) 2/3 approval from Congress
(b) 3/4 approval by States
Who can amend the constitution with (a) 2/3 approval and (b) 3/4 approval? (Article 5)
Electoral College
Who elects the President by representing individual states? (2.1)
The People
Who elects the members of the House of Representatives? (1.2)
State representatives
Who chooses the members of the Senate?
Supreme Court
Who elects the lower federal courts? (3.1)
Who is the commander-in-chief of the army and navy? (2.2)
Together, what is the Senate and House of Representatives called?
President of the Senate
Electoral College
2 Senators + state's House of Representatives members =?
Speaker of the House
Next in line if VP dies; leader of the House of Representatives
Supreme Court
Highest court in the U.S.
How many justices serve on the Supreme Court?
For life
Term of a judge or Supreme Court Justice
Chief Justice
leader of the Supreme Court
Supports Constitution (and centralized government), ruled by intellectual elect. Supports a confederation of states instead of a supreme national authority.
Government without monarchy or aristocracy, stressed public morality
Northwest Ordinance
More land = more money; splits up land geometrically to allow government to make some money; allows smaller states with definite borders to grow; more structured statehood procedure (with respect to government). (1787)
Whose constitutions emphasized the fundamental freedoms and gave lots of power to legislatures and little to the governors in a period of experimentation? (May 1776)
True or False: Whites were optimistic because of Evangelicalism, because God promised progress and prosperity?
John Woolman
Preached a sermon about misuse of power with regard to slavery; a Quaker.
Were African Americans and Women considered as equals at this time?
3 freedoms
Religion, speech and press
Robert Morris
1st appointed superintendent of finance
True or False: The Articles of Confederation allowed Congress to tax on the colonists.
Who wanted reforms, and wanted Congress to collect 5% tax on imported goods sold in the US? (Impost Amendment)
Spanish treaty
If American merchants trade with Spain, US might forgo navigation of Mississippi for 25 years; Congress terminates this due to lack of positive reception in the South.
Baron de Montesquieu
A French philosopher whose "self-evident truth" theory shaped many beliefs about centralized government.
Self-evident truths
A republican government can't flourish in a large territory. If people lose direct control over their representatives, then they will fall to tyrannical powers. Large distances allows rulers to hide corruption because physical separation presents the opportunity for aristocrats to seize power.
Madison's federal system
Rejection of Montesquieu's theory: a government based on the will of the people, yet is detached from their narrowly based demands. Created by Madison.
Grand Convention
Congress authorizes this in May, 1787
Shay's rebellion
A group of impoverished farmers who complained about high taxes, high interest rates, and claim that the state governments were insensitive to their problems.
Philadelphia Convention
All colonies present except Rhode Island; May 25, 1787. What's said here, stays here. Delegates decide, state by state, what problems existed with Articles of Confederation. Madison heads the convention.
Virginia Plan
Proposed plan with a Legislature of 2 houses: 1 elected by people, 1 chosen by the first house from state assembly nominations. Representation reflects population of state, good for more populous states.
New Jersey Plan
Proposed plan with 1 house Legislature, each state gets 1 vote and Congress has extensive powers to tax and regulate trade. Better for smaller states: feared they would lose separate identities with Virginia plan. PROBLEM: supporters of strong, federal government thought that this gave too much power to the states.
Grand Committee
One person from each state, elected by convention, sent to fix small/big state problem. July 2, 1787. Creates Grand Compromise.
Great Compromise
Equal representation in upper house of Congress (Senate), representation based on popularity in lower house of Congress (House of Representatives). 3/5 rule.
3/5 rule
Used for determining representation for House of Representatives. People enslaved contributed to representation: for every 5 slaves, congressional district gets credit for 3 voters. Southern victory.
First to ratify Constitution (December 7, 1787).
Rhode Island
Last to ratify Constitution (May 29, 1790).
June 8, 1789
Date that the Bill of Rights was set before House of Representatives by Madison, and was ratified.
September 25, 1789
Date that the Bill of Rights passed in both houses of Congress.
December 15, 1791
Date that the Bill of Rights was ratified by 3/4 of the states.
Federalist papers
A series of essays written by Madison, Hamilton and Jay (1787-1788), printed in newspapers.
2 houses
To cancel
Checks and balances
Ensures that no government gets supreme power over another.
Separation of Powers
Reason for 3 branches of government
Supreme Court
Has the power to declare a law unconstitutional
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