Unit 3 MONSTER REVIEW – We the People Essential Vocabulary US Constitution, NC Constitution, Preamble, Articles, Bill of Rights, bicameral, ratify, confederation, Federalists, Anti-Federalists, Electoral College, Amendments, Amendment Process, Ratification, Patriot Act, Taxes, Federalism, Conflict Resolution, Civil Liberties, Due Process, Equity, Popular Sovereignty, Political Activism, bureaucracy, Constitutionality, Jurisdiction, Political Ideology, Economic Ideology, Legislative Branch, Executive Branch, Judicial Branch, Separation of Powers, checks and balances, expressed powers, reserved powers, concurrent powers, Limited Government Federalist vs. Anti-federalist Federalists- favored a strong federal govt., Supported Constitution, Madison, Hamilton, John Jay wrote the Federalists Papers to encourage ratification of the Const. Anti-Federalists – feared strong federal govt., Opposed the Const., Supported states rights, Wanted the Bill of Rights, George Mason, John Hancock, Patrick Henry Constitution ratified after Bill of Rights were added. 4 Basic Principles of the US Constitution Popular sovereignty, limited government, federalism, separation of powers [checks and balances (Montesquieu) & judicial review are ACTIONS of the separation of powers] Checks and Balances Legislative Branch- can refuse nominations for Court, override vetoes, and impeach the pres. or judges Executive Branch- can name nominees for Court, veto legislation, and issue pardons/reprieves Judicial Branch- can deem laws or presidential actions unconstitutional Amending the US Constitution Proposal: either by 2/3 of Congress or National convention requested by 2/3 of the State legislatures Ratification: either by 3/4 of the state legislatures or by Conventions held in 3/4 of the states. The US Constitution Preamble – States the purpose of the Constitution Article I – Legislative Branch: Bicameral, House of Representatives and Senate Article II – Executive Branch: President, VP, mentions advisors of the President (cabinet) Article III – Judicial Branch: US Supreme Court (US Congress can create lower federal courts) Article IV – Full Faith and Credit Clause, Relations among states Article V- Amendment Clause Article VI – Supremacy Clause Article VII – Ratification Bill of Rights Amendments 11-27 Clauses Supremacy Clause – Federal law is supreme to state law Necessary and Proper (Elastic) Clause – Congress is given the power to do all things necessary and proper to carry out their powers Full Faith and Credit Clause – States must recognize laws, public records and court decisions of other states Establishment Clause – A state cannot establish a religion Free Exercise Clause – Citizens can practice whatever religion they want Equal Protection Clause (14th Amend.) – A state cannot discriminate against its citizens Amendment Clause – Proposal: either by 2/3 of Congress or National convention requested by 2/3 of the State legislatures Ratification: either by 3/4 of the state legislatures or by Conventions held in 3/4 of the states. Types of Powers Delegated Powers – Powers given to the federal government. - Expressed Powers –Powers spelled out in the Constitution (Congress has the power to est. lower federal courts and the power to declare war) - Implied Powers – Power given to the fed. govt. by the Elastic Clause. These are powers suggested by the expressed powers. - Inherent Powers – Powers that the fed. govt. is assumed to have because it is a sovereign state. Reserved Powers – Powers that the US Constitution does not grant to the fed. govt. but does not deny to the states. (ex. Est. schools, conducting elections) Concurrent Powers – Powers that both the National and States governments possess and exercise. (ex. power to tax, power to est. lower courts) The NC Constitution Preamble – States the purpose of the Constitution Article I – The Declaration of Rights Article II – Legislative Branch [General Assembly]: Bicameral, House of Representatives and Senate Article III – Executive Branch: President, VP, mentions advisors of the President (cabinet) Article IV – Judicial Branch: US Supreme Court (US Congress can create lower federal courts) There are more articles in the NC Constitution!!!!! Unit 3 Review Questions 1. What basic principle of the US Constitution means that the people are the source of all governmental power? Popular Sovereignty 2. What term means one federal government and several state governments? Federalism 3. What basic principle of the US Constitution means that the government is not all powerful and it can only do what the people allow it to do? Limited Government 4. Power in the US federal government is divided between the legislative, judicial and executive branch. What basic principle does this describe? Separation of Powers 5. The president vetoes a bill that has been passed by both houses of Congress. What Constitutional principle does this describe? Checks and Balances 6. What does the term “posterity” mean in the Preamble to the US Constitution? Future citizens/generations 7. What do we call the NC Legislature? General Assembly 8. What laws forbidden by US Constitution establish that one cannot be accused of a crime if the act was committed before the act was a crime? Ex post facto law 9. What clause establishes that Congress has the power to make laws that help them carry out their expressed powers? ‘Necessary and Proper Clause’ = Implied Powers 10. The elastic clause gives Congress Implied powers. 11. What type of power is the power to establish schools? Reserved Power 12. What type of power is the power to tax? Concurrent Powers – means that BOTH the National & State governments can do this! 13. How is the number of electors for each state determined? Representatives + Senators = Electors to the Electoral College 14. What are the two methods of proposing an amendment to the US Constitution? 2/3 both houses in Congress and 2/3 of the States ask for a National Proposal CONVENTION 15. What are the two methods of ratifying a change to the US Constitution? Passage by ¾ of the State Legislatures or ¾ of the State Ratifying CONVENTIONS 16. How are the NC Constitution and the US Constitution similar? a. Both are plans of government, b. Both have Separation of Powers c. Both have a list of citizens RIGHTS Practice Vocabulary Quiz: Popular Sovereignty 1. all political power rest with the people/people rule Article I – The Dec. of Rights 2. North Carolina’s rights listed in the NC Constitution Preamble 3. The introduction to the US and NC Constitutions Separation of Powers 4. Powers are distributed among the 3 branches of government Strict Construction 5. Anti-Federalist feeling that the Constitution must be strictly followed Loose Construction 6. Federalist feeling that the government has certain powers not listed in the Constitution. Assembly 7. Right of Americans to meet peaceably and discuss important issues Eminent Domain 8. Right of government to take property for public good with just compensation Judicial Branch 9. Article III Bill of Rights 10. The First 10 Amendments of the Constitution Limited Government 11. the government is not above the law and is not all powerful Federalism 12. division of power between national and state governments Double Jeopardy 13. One cannot be tried twice for the exact same crime Judicial Review 14. Right of the Judicial Branch to declare a law unconstitutional Naturalization 15. The process for a non-citizen, resident alien to become a US citizen Amendment 16. Changes to a constitution; comes from Article V in US Constitution and Article in the NC Constitution Bill of Attainder 17. Legislation declaring a person guilty of a crime without a trial – this is illegal Ex Post Facto Law 18. Forbidden practice of making a new law apply to an action that was completed prior to the law being passed Due Process of Law 19. Legal rights of those charged with crimes – these come from many amendments Equal Protection 20. Principle from the 14th Amendment that all citizens and groups should have the law applied to them in the same way Checks and Balances 21. The President can veto a bill passed by Congress. This is an example of what principle of government? Legislative Branch 22. Article I Executive Branch 23. Article II Federalism 24. Idea included in the US and NC Constitutions where government is divided into levels Electoral College 25. This group elected the President and Vice President Popular Sovereignty 26. People rule; the idea that right to govern comes from the people Civil Disobedience 27. Breaking an unjust law non-violently to stir the conscience of those who obey it 1. 2. 3. 4. What is a reserved power – name one reserved power. Define constitution What are exclusive powers – where are these powers listed? Name 3 ways the US and NC Constitutions are similar 5. Describe the Free exercise clause of the US Constitution.