Constution-Bill of Rights- Checks and Balances
Terms
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- What is the Bill of Rights?
- The first ten amendments of the constitution.
- What year was the Bill of Rights ratified?
- 1791
- Which first 10 amendments apply to specific individual rights?
- 1-8
- A fair and regular set of steps to be followed with an accused person, from arrest through trial is called __________.
- Due process
- Which amendment in the Bill of Rights protects the states against the federal government taking away any of the states' Constitutional rights and powers?
- 10th
- Which amendment prohibits excessive bail and fines and forbids cruel and unusual punishment?
- 8th
- If someone commits an act, which at the tiem was legal, but was declased illegal after the action, the the Bill of Rights provides protection from punishment. What law is this?
- ex post facto law
- _______ is defined as evidence strong enough to establish presumption but not proof that an illegal activity took place?
- Probable cause
- A ________ prevents the government from keeping people in jail for long periods of time while not actually charging or trying them.
- speedy trial
- A _______ orders an officer of the court to bring a prisoner before the court and explain why he or she is being held.
- writ of habeas corpus
- A group of citizens selected to hear both sides of a court case and make a decision based on the evidence is called an ______.
- impartial jury
- Speedy trial, writ of habeas corpus, and an impartial jury, all fall under which amendment?
- 6th
- What is the name of the paper that gives law officers the right to enter and search your home without permission?
- search warrant?
- Which amendment gives people the rights to bear arms or own a gun?
- 2nd?
- The _______ law requires a waiting period and background check in order to by a handgun/knife.
- Brady
- Which amendment in the Bill of Rights guarenteed the rights of people are not only those listen in the Constitution?
- 9th
- Which amendment prohibits the quartering of soldiers in private home without the consent of the owners in peacetime?
- 3rd
- _____ guarentees a person can not be tried twice for the same offense? Which amendment provides for the protection?
- Double Jeopardy
- Which amendment in the Bill of Rights gives those accused of a crime the right not to testify in the court of law?
- 5th
- Which amendment protects us against censorship?
- 1st`
- Which amendment protects us against wiretaps or electronic snooping?
- 4th
- "You have the rights to remain silent, you have the right to an attorney, if you can not afford an attorney, then the state will provide one..." What are these rights called?
- Miranda Rights
- Does the Bill of RIghts guarentee any rights to women or minority groups?
- No
- Which amendment gives students the rights to have meeting in their homes to protest peaceable the amount of homework Mr Baker assigns?
- 1st
- Where is the original Bill of Rights located?
- Washington D.C
- What was the Albany Plan of Union and who was responsible for it?
- To unite all of the colonies into one. Benjamin Franklin was respnisible
- What were the Articles of Confederation?
- America's first constitution
- What is the Confederation Congress and how did it work?
-
One group of people governing the nation.
Each of the 13 states had one vote in congress and was supposed to contribute money for national defense and other expenses. - What was the purpose of the 1787 constitutional convention? Where did it take place?
-
To improve the articles
Pennsylvania state-house in Philadelphia - What was the Great compramise and who was responsible for it?
-
the population would decide the representation in the Legislature lower house. An equal vote would then be made for each state
the delegates - Federalists
- Americans who basically favored the delegatesÂ’ work
- antifederalists
- . Those who opposed the delegates work
- Why is July 1788 an important day in history?
- It was when the antifederalists finally agreed to ratify the constitition
- How old is the constitution?
- 215 yrs
- How does the Constitution protect the states and the people against abuses of government power?
- From the Bill of Rights
- federalism
- Separation of powes which include a system of checks and balances.
- Why did the states and the national government divided the power between them?
- to ensure the government would not abuse their authority and allow the states and their citizens an opportunity to make changes to the constitution.
- Delegated powers
- powers delegated by the states to the national government.
- Reserved powers
- powers not delegated to the national government or specially denied to the states are reserved.
- concurrent powers
- Powers chared by both the state and national government.
- Separation of powers
- Gives each branch of gevernment its own duties and powers.
- What does each branch do?
-
the legislative branch makes the laws
The executive branch enforces/ executes/the laws;
The judicial branch interprets the law and settles conflicts over them-decides whether a case is constitutional or unconstitutional - Checks and balances
- make sure the branches don't limit out each other
- The _____ explains the goals of the new government under the Constitution.
- Preamble
- What role does the Bill of Rights play in the Constitution?
-
Its the first 10 amendments
helps protect people and give them their own rights - How many articles are in the Constitution?
- 7
- What are the seven articles?
-
1-the Legislative branch
2-the executive branch
3- the judicial
4-relations among states
5-Amending the constitution
6-Role of national government
7-Ratification of the constitution - HOW DID THE CONSTITUTION COMPARE WITH THE ARTICLES OF CONFEDERATION?
-
ß The Constitution created the Executive Branch/Office of president to enforce/execute the laws. Under the Articles of Confederation, the president was powerless.
ß The Constitution replaced a one-branch government with a government of three branches.
ß The Constitution created a legislature with two houses to replace the one-house legislature of the Articles of Confederation.
ß Under the Articles of Confederation, each state had equal power in Congress. Under the Constitution, a state’s power in the House of Representatives depended on its population.
ß Unanimous approval by the states was necessary to amend the Articles of Confederation. The approval of only 3/4, 75% (now 38 states) of the states was needed to amend the Constitution.
Under the Articles of Confederation, final authority rested with the states. Under the new system, the Constitution was the supreme law of the land. - List eight powers delegated 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 for carrying out delegated powers. - List six Concurrent Powers.
-
Maintain Law and Order
Levy Taxes
Borrow Money
Charter Banks
Establish Courts
Provide for Public Welfare. - List six Reserved Powers.
-
•Establish and maintain schools
•Establish local governments
•Conduct corporate laws
•Regulate business within the state
• Make marriage laws
•Provide for public safety. - Formal approval by states
- Ratification (ratify)
- Personal and Political freedoms
- First amendment
- Right to keep weapons
- Second amendment
- Quartering of troops
- Third amendment
- Search and seizure; search warrants
- Fourth amendment
- Rights of accused person
- Fifth amendment
- Right to a speedy trial
- Sixth amendment
- Right to a trial by jury
- Seventh
- Bail, fines, punishments
- Eighth amendment
- Rights of the people
- Ninth amendment
- Powers of the states
- Tenth amendment
- Checks and balances-Legislative (congress)
-
•Write the laws
•Confirms presidential appointments
•Ratifies treaties
•Appropriates money
•Declares war
•May reject appointments
•May reject treaties
•May withhold funding for presidential initiatives
•May impeach president
•May override a veto
•May propose Constitutional amendments to overrule judicial decisions
•May impeach Supreme Court judges
•May disapprove appointments to Supreme Court - Checks and balances- Executive (president)
-
•Proposes laws
•Administers the laws
•Commands armed forces
•Apponts ambassadors and other officials
•Conducts foreign policy
•Negotiates treaties
•May veto bills
•May adjourn congress in certain situations
•Appoints judges - Checks and balances- Judicial (Supreme court)
-
•Interprets the Constitution and laws
•Reviews lower court decisions
•May declare executive actions unconstitutional
•May declare laws unconstitutional - Preamble
- We the people of the United States, inorder to form a more perfect untion, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and out prosterity, do ordain and establish this constitution for the United States of America.
- A set of laws that defines the basic structure and powers of the government
- Constitution
- How can you amend the constitution?
- Congress was take and vote, if 67% of the house or representative agree to it, or Congress can call a national convention and if 67% of the state legislatives agree to is
- How can you ratify the constitution?
- If 75% of the legislatives agree to ratify it, or at a national convention 75% of the states agree to it
- How many senetors are in the U.S.A?
- 100
- How many legislatures are in the US?
- 290
- How much is 75% of the states? 67%?
-
75%- 38 (37.5)
67%- 34 (33.5)