Gov Chapter 3
Terms
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- Six basic principles of Federal constitution
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1.popular sovereignty
2. limited government
3. separation of powers
4. checks and balances
5. judicial review
6. Federalism - Government must obey the law and act in constitutional principles
- Constitutionalism
- Government is subject to the law, never above it
- Rule of Law
- A power assigned to someone
- Vested
- Doesn't go with what Constitution says
- Unconstitutional
- Article 6, Section 2 - Government and Constitution are supreme law of the land
- Supremacy clause
- A change or addition to something
- Amendment
- Changes content to constitution
- Formal amendment
- Procedure to have an amendment
- Proposal ratification
- Requires 2/3 vote of each house of Congress (House and Senate)
- Proposal
- Requires 3/4 vote of state legislatures
- Ratification
- 1791, authored by Jefferson, first 10 amendments of Constitution
- Bill of Rights
- Freedom of press, speech, assembly, religion
- 1st amendment
- No quartering of troops during peacetime
- 3rd amendment
- No unreasonable search and seizure
- 4th amendment
- Cannot be forced to testify against onself, cannot be brought up on double jeopardy
- 5th amendment
- Right to a speedy trial
- 6th amendment
- No cruel or unusual punishment, excessive fines
- 8th amendment
- Any power or law not granted to federal government or denied to the states is left up to the state to decide. Example: educational system
- 10th amendment - Reserved powers
- Outlaws slavery
- 13th amendment
- Gives citizenship to all and equal protection of rights (males only)
- 14th amendment
- Right to vote for all males
- 15th amendment
- Income tax is legal
- 16th amendment
- Direct election of senators
- 17th amendment
- Prohibition - Legal level is 1/2 of 1% alcohol or 1 proof
- 18th amendment
- Womens right to vote
- 19th amendment
- Congress start date changes from 3/3 to 1/3. Inauguration of Pres. from 3/20 to 1/20
- 20th amendment
- Repeals prohibition
- 21st amendment
- 2 term limit for presidents
- 22nd amendment
- No poll tax
- 24th amendment
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1. If vacancy for president, VP moves up.
2. If vacancy for VP, President appoints one w/ approval of the Senate
3. If pres is unable to perform, VP becomes temporary president
4. If VP & Cabinet feel Pres is not able to perform, VP ca - 25th Amendment
- 18 year olds may vote
- 26th amendment
- Changes intent of Constitution
- Informal amendment
- 5 Ways an informal amendment can happen
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1. Basic legislation (passing of laws)
2. Executive action (action by pres)
3. Court decisions
4. Party practices
5. Customs and tradition