Peck- Constitution Test
Terms
undefined, object
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- every 6 years
- Senator: how often elected?
- Article 6
- Supremacy Clause
- Amendment 5
- right to not be under double jeopardy, to remain silent, to not be punished unless a trial has been held
- objective
- Furman v. Georgia case: death penalty issued only if case is viewed through WHAT standpoint?
- Amendment 3
- right to not quarter soldiers in house
- pardon
- Executive Branch power: right to WHAT?
- chosen by election
- Representative: how replaced if they die, resign, or are impeached?
- Supremacy Clause
- provides that federal law is superior to and overrides state law when they conflict
- Sherbert v. Verner
- fired for job for missing work due to religious activities --> UNCONSTITUTIONAL (she should receive unemployment benefits)
- Amendment 6
- right to fair trial, to speedy trial, to a lawyer, to reasonable punishment
- Gregg v. Georgia
- law rewritten so death penalty is constitutional
- Miranda v. Arizona, 1960
- person must know their rights (be read their rights) man testified against himself because he thought he had to
- character
- Furman v. Georgia case: judge must also look at WHAT of the accused?
- McCreary v. ACLU
- judge has giant 10 Commandment rocks in his court --> UNCONSTITUTIONAL (supports a specific belief)
- Engel v. Vitale
- students required to hear prayer at school --> UNCONSTITUTIONAL (students cannot be forced to hear a prayer)
- Article 2
- duty of the executive branch is to enforce the laws
- Epperson v. Arkansas
- teaching evolution --> UNCONSTITUTIONAL (not okay)
- governor of state
- Senator: WHO calls a special election to replace if they die, resign, or are impeached?
- Gideon v. Wainwright
- lawyer must be provided for accused if they can't hire one themselves
- Amendment 9
- right to other powers not already stated
- Mapp v. Ohio
- must state specifically on the search warrant what you are searching for, otherwise can't take things
- legislative
- Which branch of the government did the Founders intend/presume would be the most powerful?
- Article 5
- right and duty of the people to get rid of unhealthy government
- interpreted
- Judicial review: explicit or interpreted?
- 2/3
- Way that Constitution can be amended: WHAT FRACTION of votes from members present in H of R and Senate?
- Article 4
- States need to respect other states' laws
- 30 years old
- Senator requirements: must be how old?
- armed forces
- Executive Branch power: command WHAT?
- treaties
- Executive Branch power: negotiate WHAT?
- Amendment 1
- Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
- Amendment 4
- right to not be searched unless a search warrant has been issued because that person had reasonable suspicion
- Amendment 10
- right to have people or Congress decide cases that aren't addressed in the Constitution
- 9/13
- WHAT FRACTION of states was needed to ratify Constitution?
- Article 3
- duty of the judicial branch is to interpret the laws
- Lemon v. Kurzman
- provide textbooks (public or private) --> UNCONSTITUTIONAL (helping school primarily, students secondarily)
- Reynolds v. US, 1870
- mormons practicing polygamy --> UNCONSTITUTIONAL (not central to beliefs)
- inviting them in, view, progress, danger, pursuit
- exceptions to "search and seizure": doing WHAT to police officers, in plain WHAT, crime is in WHAT, eminent WHAT, hot WHAT
- judicial review
- power of the judicial assembly to assess actions of the legislative and executive
- Wisconsin v. Yoder
- Amish want to homeschool children, state say no --> UNCONSTITUTIONAL (Amish are allowed to be separate from society)
- Church of Lukumi Babalue Aye v. City of Hialeah
- law passed that religious pig slaughter had to follow certain FDA guidelines --> UNCONSTITUTIONAL (law passed to disadvantage a particular group)
- Article 7
- ratified constitution
- Article 1
- duty of the legislative branch is to make the laws
- Full Faith and Credit Clause
- "states must respect one another's laws"
- Everson v. Board of Education
- money from state government for textbooks at parochial school --> CONSTITUTIONAL (money going to students, not the religious institution)
- larger
- Have powers of Executive Branch led to a larger or smaller Executive than founders intended?
- Amendment 8
- right to non-excessive bail, no cruel or unusual punishments
- 7 years
- Representative requirements: citizen for how long?
- Amendment 2
- right to keep and bear arms
- 25 years old
- Representative requirements: must be how old?
- Employment Division V. Smith, 1991
- Native American took hallucinogen to embark on "vision quest" --> CONSTITUTIONAL (central to beliefs)
- a little under a year
- HOW LONG did it take for the Constitution to be ratified?
- Amendment 7
- right to a jury
- jury
- Furman v. Georgia case: judge must be able to override decision of WHO?
- secular
- Lemon Test: Any laws have primarily WHAT purpose?
- government
- Lemon Test: No excessive WHOSE entanglement with religion.
- Furman v. Georgia, 1974
- to issue death penalty, must follow guideline of 3 specific qualifications
- religion
- Lemon Test: Neither advance nor inhibit WHAT?
- every 4 years
- Representative: how often are they elected?
- resident
- Representative requirements: must be a WHAT Of the state in which they're running for office?
- resident
- Senator requirements: must be a WHAT of the state where they're elected?
- Santa Fe Schools v. Doe
- people volunteer to give prayer before sport games, Doe complained --> UNCONSTITUTIONAL (some people have to be at the game, should not be required to give a prayer, school-sponsored activity)
- enforce laws
- primary duty of the Executive Branch?
- 2/3
- Way that Constitution can be amended; WHAT FRACTION of states must petition Congress --> "constitutional convention"?