REVIEWHere are some questions from the

Constitution. Test out your knowledge of the Constitution and

go over them till you can answer each one correctly! Your next test

will be very similar to this!

Which document first gave English nobles basic rights?

Which document stated that EVERYONE, even the king, has to obey the law?

Magna Carta

English Bill Of Rights

Who said we all are born with basic rights and that government’s job is to protect those rights?

John Locke

What is the name of America’s first national government?

Articles of Confederation

Which document FIRST established the idea of self-government in America?

Who came up with the idea to separate the powers of government into three different “branches?”

Mayflower Compact.

C.L. Montesquieu

Who is commonly known as the “Father of the Constitution” because he wrote most of it?

James Madison

In America, what is the name for the legislative branch?

Congress

What are the requirements for representative?

What are the requirements for being a senator?

You have to be at least 25 years old, a citizen for at least seven years, and live in the state in which you represent. You serve a two year term.

You have to be at least 30 years old, a citizen for at least nine years, and live in the state that you represent. You serve a six year term.

What are the requirements for being president?

You have to be at least 35 years old, a native born citizen, and live in the country for the past 14 years. You serve a four year term.

The executive has the power to make treaties---what can the legislative and judicial branches do to stop them?

The legislative branch has the power to propose laws—what can the executive and judicial branch do to stop them?

LEGISLATIVE: The senate has the power to ratify (confirm) or disapprove a treaty with a 2/3 vote.

JUDICIAL: Can review the treaty to see if it’s constitutional.

EXECUTIVE: Can approve or veto laws.

JUDICIAL: Can review laws to see if they’re constitutional.

The legislative branch has the power to declare war---what power does the executive and judicial branch do?

EXECUTIVE: Controls the military.

JUDICIAL: Can declare legislative and executive actions unconstitutional.

What is judicial review?

It’s the power of the judicial branch to “review” or check the laws and actions of congress/president to see if they’re constitutional.

What are checks and balances? The system of government that keeps one branch of government from having

too much power. Each branch watches or “checks” the other branches, making sure that they behave and do what’s right.

What is the highest court in the land? Supreme Court.

Who enforces the law? The president of the United States.

How is the president elected?

If congress overrides a presidential veto by a 2/3 vote, can the president do anything about it? Can anyone do anything about it?

The president is elected by the electoral college. Instead of voting for the president directly, we are really voting for the special electors who will then officially vote for

the president. A candidate needs 270 votes (50% + 1) to win. If no one gets that many votes, it goes to the HOR, where each state would get one vote.

No, the president can’t do anything about it. However, the Judicial Branch can still declare that law unconstitutional.

Where in the Constitution does it talk about the states having to obey all federal law?

Article 6, which is usually known as the “supremacy clause.”

How are amendments added to the Constitution?

First either 2/3 of Congress OR 2/3 of the states have to propose a new amendment. Either way, 3/4 of the states have to approve it.

How can you become a federal judge? The president has to nominate you, then the senate has to confirm (approve)

that nomination by a majority vote.

Which branch of government is the “least democratic,” meaning they don’t really have to listen to what the people say or want?

The Judicial Branch! First, the judges are NOT elected by the people. Second, because they aren’t elected, they don’t have to worry about reelection, because they “serve for life.” Third, the judges base their decision on the Constitution,

not on what people want.

Which amendment talks about state’s rights and puts a check on the power of the federal government?

The 10th amendment.

The power to declare war, make treaties with foreign countries, admit new states, coin/print money, are examples of . . .

The power to issue driver’s license, create marriage laws, establish and overlook local schools, are examples of . . .

Delegated power, power granted only to the federal governemnt. This is also mentioned in Article 6 of the Constitution.

Reserved power, power granted to the state government. This is implied in the 10th Amendment.

The power to collect taxes, create and enforce laws, spend money for the general welfare, are examples of . . .

Concurrent power, power that BOTH the federal and state government have.

Can the police search you if they don’t have a warrant?

Even if the police finds 100 pounds of drugs in someone’s house, if they made the search illegally, could they still use the drugs as evidence?

Yes! If they have one of the following: 1) probable cause 2) evidence is in “plain view” 3) the search is made after a legal arrest 4) the person gives consent.

No! The Fourth Amendment protects us against unreasonable searches so the police or government needs to meet one of the following requirements mentioned above to do a search. Any evidence found in an illegal search can’t be used in court. This is the known as the “exclusionary rule.”

The First Amendment gives us freedom of speech and press, so does it mean we can say or print whatever we want?

Articles of Confederation

No! We don’t have unlimited freedom of speech or press. For example, the Constitution doesn’t give us the right to say or print things that we know are lies in order to harm someone’s reputation. Slander, libel, and “hate speech” are forms of speech not protected, as is speech that would create a “clear and present danger,” such as yelling fire in a crowded theater when there is no fire.

Do we have rights not mentioned in the Constitution?

The Sixth Amendment guarantees that those accused of a crime receive a “speedy trial.” What does this mean and why is it a good thing?

Yes! The Ninth Amendment ensures us that we have rights not specifically mentioned in the Constitution. The Framers were smart enough to know that they could not have possibly listed every right or that certain changes in the future would require that we have new rights. For example, public education is guaranteed to everyone in America even though it isn’t specifically mentioned in the Constitution.

Being promised a speedy trial is a good thing because it forces the government to hear your case within a certain amount of time. For example, if someone is accused of robbery the government has to bring that person to trial within a reasonable amount of time, say a few weeks. Otherwise the person is sitting in jail for a long time and may in fact be innocent. Also, a speedy trial is crucial because if it takes too long to try the accused, witnesses may forget important information or evidence might get lost or damage.

Suspecting that students are bringing gum to school (which is against the rules), a teacher does a random search of 30 student backpacks. Is this legal, why or why not? Which amendment is being challenged?

While teachers do have authority to search backpacks if they have “reasonable” cause to believe that something illegal/dangerous (ex. gun) was brought to school, making random searches for gum is not a “reasonable” cause. Gum is not a serious threat that it would justify a “warrantless” search, which would violate the Fourth Amendment.

Do students in a journalism class have the write to print any kind of article they wish? Why or why not? Which amendment is being challenged here?

The amendment in question is the First, which protects both speech and press. However, in this case, the journalism class doesn’t have unlimited freedom to print articles as they please. First, libel is a form of speech that is not protected by the First Amendment. Second, the journalism class falls under the jurisdiction (authority) of the school since it is a school created and sponsored class. Because of this, the journalism students have to adhere (obey, follow) to the guidelines set by the school.

Joe Green was late to Homeroom again for the fifth time this month. As punishment, Joe was forced to stand in the middle of class and dance in circles as he prayed to the “Tree gods” so that he would learn to leave home earlier in order to be on time for school. After this he was assigned to 8 hours of detention, during which time he had to clean and wash the tables in his Homeroom. Which amendment(s) are being challenged here? Is the punishment a legal one, why or why not?

Recently, a BIG, well known company by the name of “Cougars” decided they wanted to build a new factory in the city of Carmenitams. Unfortunately, there are no lots big enough to hold this new proposed factory, so the company had to ask city

officials to clear out a number of houses in order to make room for the new factory? Is this legal, why or why not? Which amendment is being challenged?

No, the punishment isn’t legal because it violates both the First and Eight Amendments. School officials can’t force students to pray (a religious act) or assign excessive and unreasonable amounts of punishment.

Yes, this is legal. According to the Fifth Amendment, the government has the power of eminent domain. Since the proposed factory is a big one, it would provide jobs for the people of the city, thus creating a “public good.” As a result, this would give the city the right to take a way the houses (they have to pay for it) in order to make room for the new factory.