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Constitution Study Guide
Constitution Study Guide
The first ten amendments of the United States Constitution are known as the Bill of Rights.
It was established in order to ensure that the people were given authority.
Amendment: change to the Constitution
10 Amendments
1.freedom of speech, religion, and press
2.right to bear arms
3.In times of peace, no soldier shall be quartered in any house without the owner's consent
4.right to lawful search and seizure
5.right to remain silent
6.right to a speedy and public trial
7.right to trial by jury
8.no cruel or unusual punishment
9.constitutional rights cannot be denied by other people if so their rights are forfeit
10.powers not held by the federal government are given to the states or to the people
Schenck vs. US: Unlawful to send any written material to men eligible for the draft that would make
them resist being drafted.
Tinker vs. Des Moines: Students wearing armbands to protest the Vietnam War are protected by the
Constitution.
NY Times vs. US: The right of the newspaper to publish "The Pentagon Papers" is upheld by the
Supreme Court.
Texas vs. Johnson: The 1st Amendment protects the burning of the American flag as a form of
political protest.
Delegated Powers: The powers of the national government that are granted to it by the Constitution.
Expressed Powers: Powers that the government has according to the Constitution. Ex.-
collecting taxes.
Implied Powers: Powers that the government has which are not stated in the Constitution , but are
suggested.Ex. - Necessary Proper Clause.
Inherent Powers: Powers that are not expressed in the Constitution, but over time, are all national
governments have possessed. Ex. - regulation of immigration.
-Clear and Present Danger Clause: If there is a clear and present danger, the US can break the
Constitution.
-Veto: reject
-Unconstitutional: to declare illegal, null, and void, due to some violation of the Constitution.
-Due Process: The principle that no one person can be deprived of life, liberty, or property without far
legal procedures and safeguards.
-Strict Construction: A literal approach to interpreting the Constitution, using the exact words of the
document.
-Loose Construction: A flexible approach to the Constitution, taking into account current societal
conditions.
Basic Legislation
Executive Action
Court Decisions
Party Practices
Custom
-It's important to be able to change the constitution because society evolves and new principles
emerge, the ability to modify the Constitution is critical. An example of this is LGBTQ marriage.
-Executive Agreement: Pact made by the President directly with another leader of a country.
-Electoral College: The group that makes the formal selection of the nation's president.
-Federalism: System of government in which power is divided between central, state, and local
governments.
-Necessary and Proper Clause: Congress has the power to make all laws which shall be necessary
and proper for carrying out all their powers given by the constitution.
-Reserved Powers: Those powers that the Constitution grants to the states and not the federal
government.
The branches of the US government are the Executive branch, the Legislative branch, and the
Judicial branch.
Examples of people in these branches: The president is part of the Executive branch, Congress is
part of the Legislative branch, and the Supreme Court is part of the Judicial branch.
Checks and balances that one branch has over the other branch:
The president can be impeached by Congress, and his acts can be declared unconstitutional by the
Supreme Court.
The Executive branch has the authority to appoint judges and grant pardons, but the Legislative
branch must approve federal judges.
Bills can be vetoed by the Executive branch, and legislation can be declared unconstitutional by the
Judicial branch.