CHAPTER 9: CONSTITUTIONAL LAW

I. REVIEWING WHAT YOU LEARNED

After studying the chapter, write the answers to each of the following questions:

1. What are the differences between the U.S. Constitution and the Articles of Confederation?

The Articles of Confederation lacked some elements that were put into the Constitution, including an executive branch, a judicial branch, a national army, and the power to tax.

2. How was the federal government given separation of powers by the constitution?

The constitution gave independent authority to each of three branches of government.

3. What are the differences between articles and amendments?

An Article is a part of the original constitution, it contains different Sections and Clauses that help organize the document.

The amendments are additions and changes which modify or invalidate earlier parts of the constitution.

4. What is federalism?

Federalism is a system which allows state governments to retain their individual governing powers, even though the federal governments if given broad powers.

5. What does bicameral mean?

Bicameral means that there are two chambers, or houses of representation: The House of Representatives and the Senate.

6. How many members of the House of Representatives are there, and what term length do they serve?

There are 435 members in the House of Representatives, and they serve two-year terms.

7. How many members of the Senate are there, and what term length do they serve?

There are 100 members in the Senate, and they serve six-year terms.

8. What are some powers in Article I of the U.S. Constitution that Congress has the power to exercise?

Some powers in Article I of the U.S Constitution that Congress has the power to exercise:

- Declaring war.

- Regulating interstate commerce.

- Making all laws necessary and proper to carry out its express powers.

9. What do the executive branch powers include in Article 11 of the U.S. Constitution?

Executive branch powers include:

- Carrying out the laws passed by the Congress.

- Directing all federal military forces.

- Appointing all federal judges.

- Appointing the heads of the executive departments of the government.

10. Describe some of the powers of the U.S. Supreme Court listed in Article III of the constitution.

- Having original jurisdiction over certain legal matters, such as the case that would arise if a state were to sue another state.

- Declaring acts of Congress and acts of executive branch unconstitutional.

11. What does the Supremacy Clause say?

The Supremacy Clause makes federal law preeminent when federal and state law conflict.

12. What does the doctrine of judicial review express?

It expresses that the Supreme Court has the power to declare acts of Congress and acts of the executive branch unconstitutional.

13. What are checks and balances and how does each branch of government exercise them?

Checks and balances is a system which allows each branch to counteract the powers of the other branches.

For instance, the president can veto a bill rather than signing it into law, and if the president strikes down a piece of legislation through a veto, or refuses to sign it, the Congress can override the veto with a two-thirds majority vote. The Senate can refuse to vote for the president’s judicial or cabinet appointees. And the Supreme Court can declare federal legislation unconstitutional.

14. What does the Bill of Rights do? What are some of the purposes of amendments?

The Bill of Rights provides specific freedoms to Americans.

Some of the purposes of amendments:

- Giving Americans freedom of religion, freedom of speech, freedom of press clauses.

- Putting certain restrictions on the federal government.

- Prohibiting warrantless searches.

- Prohibiting cruel and unusual punishment.

- Making slavery illegal, granting equal protection to former slaves.

- Granting women the right to vote, reducing the voting age to 18.

II. UNDERSTANDING LEGAL CONCEPTS

Indicate whether each statement is true or false. Then, change the italicized work or phrase of each false statement to make it true.

ANSWERS

1. The U.S. Constitution was the first foundational governing document in American history. FALSE

2. Our federal constitution provides national representation. TRUE

3. Articles modify or invalidate earlier parts of the constitution. FALSE (Amendments)

4. Federalism allows state governments to retain their individual governing powers, even though the federal government is given broad powers. TRUE

5. The number of representatives in the Senate is based on each state's population. FALSE (House of Representatives)

6. Congress's elastic powers are the specifically stated powers of Congress and are found in Article. FALSE (express powers)

7. The executive branch is headed by the U.S. President. TRUE

8. The jurisdiction of the U.S. Supreme Court is primarily appellate, but it also is given original jurisdiction over certain legal matters. TRUE

9. Latin for treaties is "I forbid." FALSE (veto)

10. The pocket veto puts certain restrictions on the federal government. TRUE

III. CHECKING TERMINOLOGY

From the list of legal terms that follows, select the one that matches each definition.

1. The first governing document in world history that created representative democracy. U.S. CONSTITUTION

2. Allows state governments to retain their individual governing powers; federal government is given broad powers. FEDERALISM

3. Branch of government that makes laws. LEGISLATIVE BRANCH

4. Legally enforceable agreements with foreign countries. TREATIES

5. Specifically stated powers of Congress. EXPRESS POWERS

6. To modify parts of the Constitution. AMENDMENTS

7. Highest court in the United States. U.S. SUPREME COURT

8. U.S. Supreme Court. JUCIDIAL BRANCH

9. Based on each state's population. HOUSE OF REPRESENTATIVES

10. Power to make laws in order to carry out express powers. ELASTIC POWERS

11. Smaller house of representation. SENATE

12. Loosely governed colonies and states until 1789. ARTICLES OF CONFEDERATION

13. The president's official refusal to sign a bill. POCKET VETO

14. Independent authority to each branch of government. SEPARATION OF POWERS

15. Seven separate, original parts of the Constitution. ARTICLES

16. Makes federal law preeminent when federal and state law conflict. SUPREMACY CLAUSE

17. Supreme Court's power to declare acts of Congress and the executive branch unconstitutional. JUDICIAL REVIEW

18. U.S. President. EXECUTIVE BRANCH

19. The act of the president's striking down a piece of legislation. VETO

20. The two chambers of Congress. BICAMERAL

21. A distinct part of a constitution section. CLAUSE

22. Allows each branch of government to counteract powers in another branch. CHECKS AND BALANCES

23. Heads of executive departments of government. CABINET

24. First 10 amendments to the U.S. Constitution. BILL OF RIGHTS

IV. PUZZLING OVER WHAT YOU LEARNED

Caveat. Do not allow squares for spaces between words and punctuation (apostrophes, hyphens, etc.) when filling in crossword.

Across

5. A district part of a Constitutional Section. CLAUSE

7. President refusing to sign a piece of legislation. POCKET VETO

10. 100 members. SENATE

11. Heads of executive departments of government. CABINET

13. Legally enforceable agreements with foreign government. TREATIES

14. President striking down a piece of legislation. VETO

15. Specifically stated powers of Congress. EXPRESS POWERS

Down

1. Original parts of the constitution. ARTICLES

2. Highest court in federal judicial system. U.S. SUPREME COURT

3. Federal law is preeminent when federal and state law conflict. SUPREMACY CLAUSE

4. First ten amendments. BILL OF RIGHTS

6. The governing document of the United States. U.S. CONSTITUTION

8. The power to make laws to carry out express powers. ELASTIC POWERS

9. Two chambers of representation. BICAMERAL

12. States have individual powers, federal government has broad powers. FEDERALISM

Source: Brown, G. W., & Kauffman, K. D. (1998). Legal terminology. Prentice Hall.

Chapter 9: Constitutional Law, Book 1, pages 86-88

Edited by Nguyễn Nhật Linh