US Government and the Constitution
Grade 12 · Social Studies · Study Guide
Explore the structure of the US Constitution, the system of checks and balances, and the foundational principles of American democratic governance.
The United States Constitution, ratified in 1788, is the supreme law of the land. It established a federal system dividing power between national and state governments and created a tripartite federal government with three co-equal branches designed to prevent any single branch from accumulating too much power.
The Legislative Branch (Article I) — Congress — is bicameral: the Senate (100 members, 6-year terms, 2 per state) and the House of Representatives (435 members, 2-year terms, apportioned by population). Congress holds the power to make laws, declare war, and control the federal budget.
The Executive Branch (Article II) vests power in the President, who enforces laws, commands the military, appoints federal judges, and conducts foreign policy. The Judicial Branch (Article III) is headed by the Supreme Court, which interprets laws and has the power of judicial review — the authority to strike down laws as unconstitutional (established in Marbury v. Madison, 1803).
The system of checks and balances ensures each branch can restrain the others: Congress can override a presidential veto; the Senate confirms presidential appointments; and courts can declare legislation unconstitutional. The Bill of Rights (first 10 Amendments) protects individual liberties from government overreach, including freedom of speech, religion, and due process of law.
Key terms
- Federalism
- A system of government where power is divided between a national government and state governments.
- Checks and Balances
- Constitutional mechanisms allowing each branch of government to limit the powers of the others.
- Judicial Review
- The Supreme Court's power to determine whether laws or government actions violate the Constitution; established by Marbury v. Madison (1803).
- Bicameral
- A legislature divided into two chambers; in the US, the Senate and the House of Representatives.
- Bill of Rights
- The first ten amendments to the Constitution, ratifying individual rights and limiting government power.
Flashcards
- Separation of Powers
- Division of government into three branches (legislative, executive, judicial) each with distinct constitutional authority.
- Checks and Balances
- Each branch has powers to limit the others: veto, override, judicial review, appointment confirmation.
- Federalism
- Power is shared between federal and state governments; states retain powers not granted to the federal government (10th Amendment).
- Judicial Review
- Courts' power to invalidate laws that violate the Constitution; established in Marbury v. Madison (1803).
- Bill of Rights
- First 10 amendments (1791): speech, religion, press, assembly, arms, due process, trial rights, and reserved powers.
- Bicameral Legislature
- Congress has two chambers: Senate (equal state representation) and House (population-based representation).
- Electoral College
- Indirect system for electing the President; each state has electors equal to its total congressional representation.
- Amendment Process
- Two-thirds of Congress proposes + three-fourths of states ratify. Ensures Constitution is difficult but not impossible to change.
Questions
Which Supreme Court case established the principle of judicial review?
- McCulloch v. Maryland
- Marbury v. Madison
- Gibbons v. Ogden
- Brown v. Board of Education
Show answer
Answer: Marbury v. Madison
Marbury v. Madison (1803), written by Chief Justice John Marshall, established judicial review — the power of courts to strike down laws that violate the Constitution.
The US Constitution originally allowed for the direct popular election of US Senators.
Show answer
Answer: False
Originally, Senators were chosen by state legislatures (Article I). The 17th Amendment (1913) changed this to direct popular election of Senators.
Which constitutional amendment guarantees the right to a speedy and public trial by an impartial jury?
- Fourth Amendment
- Fifth Amendment
- Sixth Amendment
- Eighth Amendment
Show answer
Answer: Sixth Amendment
The Sixth Amendment guarantees the right to a speedy and public trial, an impartial jury, to be informed of charges, to confront witnesses, and to have legal counsel.
The principle that divides power between national and state governments is called ___.
Show answer
Answer: federalism
Federalism is the constitutional division of power between the national government and state governments, a core structural feature of the US political system.
If the President vetoes a bill, Congress can override that veto with:
- A simple majority (50% + 1) in both chambers
- A two-thirds majority in both chambers
- A three-fourths majority in the Senate only
- A unanimous vote in the House only
Show answer
Answer: A two-thirds majority in both chambers
A presidential veto can be overridden by a two-thirds supermajority vote in BOTH the Senate and the House of Representatives, a deliberately high bar to preserve executive authority.
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