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88 Cards in this Set

  • Front
  • Back
what is the preamble?
the beginning of the constitution that explains the 6 reasons of why it was written
what are the 6 reasons?
-in order to form a more perfect union (articles are the imperfect union)
-establish justice (establish a court system)
-ensure domestic tranquility (peace in US)
-provide for the common defense (army under the control of the central government)
- promote the general welfare (every citizen has an equal chance of being successful)
-secure the blessings of liberty to ourselves and our prosperity (want this constitution to last a long time)
What is the constitution divided into?
7 articles and 27 amendments
What is an amendment?
they are added after the constitution was established that can make changes to the constitution (adding or subtracting from it)
What are the jobs of the 3 branches of government?
-Judicial- to interpret the laws
-Legislative- to make the laws
-Executive- to enforce the laws
what is congress?
upper part: Senate
lower part; House of Representatives
How often must congress meet?
at least once a year
Who makes up the laws about how business in the 2 houses should be conducted?
The HR and the Senate make it up for themselves
What are the congressional records?
every single word uttered in congress must be recorded in this book- now typed on the computer
Where does the salary for the congress come from?
the US treasury (meaning in turn, US citizens are paying because of taxes)
Who sets congresses salary?
they set it for the next elected term of congress
What are the qualifications to be a Representative for the HR?
-when sworn in, you must be 25 years old
- Us citizen for at least 7 years
-must be a resident of the state you are elected for
What are the qualifications to be a Senator for the Senate?
-when sworn in, must be 30 years old
-US citizen for 9 years
-must be a resident of the state you are elcted for
What is a committee?
a subgroup inside the HR/ senate made up of reps or senators
-a bill goes to a committee after it is introduced to the senate and HR
What is a joint/ conference committee?
a commitee with both the senate and the HR that compromises about the changes each house made to the bill after the first committee voted yes to the bill
What 3 things can the president do with a bill approved by both the senate and the HR?
-sign it into law
-veto it
-pocket veto
How do you override a veto?
if a bill is vetoed by the president, it goes back to the HR and senate and they can override the veto with 2/3 vote in both houses- this 2/3 is hard to get so ussually a president's veto stands
What is a pocket veto?
if there are 10 days left or less in the congressional session and the pres hasn't signed or vetoed it, it is considered to be vetoed
Why is the pocket veto a good idea?
because ussually just before the end of a congressional session, they want to end it quickly to get to families. They will pass all kinds of stuff because they want to leave. The pocket veto allows the pres to veto laws that were hastily put together
What happens if there are more than 10 days left in the congressional congress and the pres hasnt signed or vetoed the bill?
the bill becomes law
Where must any bill dealing with money originate and why?
HR because they represent the people- if you spend the people's money, you need the people to approve it
What is census?
the way the founding fathers came up with to count the number of people in the country and in each state, more importantly to find out how many reps each state should send to the HR
How many people did 1 representative originally represent?
60,000 people
What if a state did not have enough people to get a representative...what are they entitled to?
at least 1 rep for each state no matter what
As the country grew and there were going to be too many reps in the HR, they made up a new way to figure out the number of reps per state in 1927...what is it?
The HR will always have 435 people in it
- take a countries population and / by 435 and that answer is the amount of people each rep represents
What is reapportionment?
it is possible for a state to gain or lose reps in HR for the next census
Are you allowed to hold another job while holding a government job?
no
Is it possible to be sued for saying anything on the floor of the house of lawsuit?
no
What are enumerated powers?
the powers given to congress by the constitution
what is copyright and patent?
congress can make laws regrading these:
-copyright- something written that no one else can copy (ex. nike swoosh)
-patent- an invention that no one else can copy (ex. telephone)
What are the 5 declared wars?
-War of 1812 (US vs. Brit)
-Mexican American War
-Spanish American War of 1898
-WWI (declared in 1917)
-WWII (declared in 1941)
What is the Elastic Clause?
-congresses most important power
it gives congress the power to make other laws it considers to be necessary (ex. US needed space program so NASA was created)
What is habeas corpus?
-congress cannot deny someone a writ of ahbeas corpus
-corpus is a latin word meaning body and habeas corpus literally means "I have the body"- when accussed of a crime, there must be evidence to hold you in jail
What are bills of attainder?
-congress cannot issue bills of attainder
- the right to hold someone in jail without evidence
What is a writ of assisstance?
-congress cannot issue a writ of assisstance
- unlimited search warrant
What is ex post facto law?
-congress cannot issue an ex post facto law
-law that gives the government the right to hold you in jail for doing something illegal, but at the time you did it, it was legal
What are the 3 powers denied to the states?
-may not sign treaties; can't print money
- may not tax imporrts or exports
-may not declare war or sign peace treaties
Who elects congresses officials?
congress
What is the Speaker of the House?
the presiding officer of the house who conducts meetings of the house
What is the President of the Senate?
presiding officer of the senate who is also the vice president
-doesnt have a vote unless there is a tie
Who impeaches a federal officer for a high crime/misdeameanor and who convicts them?
-the HR impeaches
-the senate convicts
What is the president pro tempore?
official in the senate- if the vice president is not attending a session (VP only comes in the case of a tie), he takes over for the VP
-he is the senior senator of the senate
What is the senior senator of the senate?
the president pro tempore which is the senator who has been in the senate the longest
Who heads the executive branch of government?
the president
What are the qualifications to be president?
-when sworn in, must be 35 yrs
-must be a natural born citizen
-must be a legal resident of the US for 14 years prior to running for president
what is a natural born American citizen?
-born in 1 of 50 US states or born overseas in an American embassy (it is American territory)
-if one parent is on official gov business overseas, and you are born overseas you are still considered to be native born
How long is a term tha a president is elected for? A Rep of the HR, a senate?
Pres:4
HR:2
Senate:6 (1/3 is elected every 2 years)
How many terms can a president be elected for?
2
What is a quorom?
the amount of Congress needed to be there in order to make a decision (2/3)
How many senators per state?
2
How many votes does each senate have?
1 vote
What is the electoral college?
the way we vote for pres:
100 senators + 435 HR +3 Washington, DC = 538 members
How does the electoral college work?
-2 lists (one uner DEM and one under REP)
-each list has the names of the amount of 2 senators and the amount of HR reps for the state you are a resident in of important DEM/REP names
-you vote for one of these lists
the people on this list vote for whichever list the were in (DEM or REP)
What is the amount of electoral votes needed for a party to win?
an absolute majority- 270
Why did they come up with the electoral college system?
because a lot of people would just vote for the person who offers them the most
How many people have been chosen to be president?
44 people
What is the date of the political election?
The 1st Tuesday after the 1st Monday in November
Why can the election never be on Novemeber 1st?
because it is Harvest Day - before if it was on this day, no one would vote
Who determines the presidents salary?
congress- it cant be lowered or raised while in office so the pres could not be rewarded or punished for something that he did
What is the current salary of the pres?
$400,000 a year
What is the oath of office?
whatt he pres says when sworn into the office
it is the only oath specifically mentioned in the constitution
What are the 5 powers of the president?
-commander in chief of the armed forces
-he is able to have cabinet 9advisors the pres surrounds themself with to help h=them decide on important issues- it is a firm part of government
-the pardon power
-with the senates approval, he can make treaties with foreign countries
-can make appointments of 3 federal jobs
How many cabinet departments are there?
15
What are the 3 federal jobs that the president can appoint?
-memebrs of his cabinet
-supreme court justice
-embassadors (people who rep US in foreign countries
When can the president appoint someone for a federal job without the senates approval?
when senate isn't in session he can make temporary appointments until senate returns to session
Can the pres call congress into session whenever he wants?
yes
What are diginitaries?
foreign visitors to the US that the pres gets to welcome along with foreign embassadors
Who decides the number of justices for the supreme court?
congress (now there are 9- originally there were 6)
How long is the term of a supreme court justice and how can they lose thier job?
life
- by being impeached, retiring/resigning, or dying
Can the SCJ salary be lowered?
no so that they cannot be punished
Can anyone appeal a Supreme COurt case?
no- their judging is final
what is the head of the Supreme Court called?
Chief Justice- he conducts the meetings but still has one vote just like everybody else on the court
Who has the power to create lesser federal courts?
congress
What are the 3 types of jurisdiction that federal courts have?
-original jurisdiction
-apellate jurisdiction
-judicial review
What is original jurisdiction?
cases that go to the Supreme Court directly (ex. when a state sues another state)
What is apellate jurisdiction?
if you are disatisfied with a ruling in the federal courts you can appeal to teh supreme court
What is Judicial review?
the Supreme Court has the ability/right to look at any law passed by states or federal courts and decide if they are constitutional
What is the only crime specifically mentioned in the constitution?
treason
what is treason?
helping an enemy by givng them aid and comfort during wartime
How many eye witnesses do you need to convict someone of treason
2
What is extradition?
if you commit a crime in GA and you flee to Alabama and you are captured in Alabama, Alabama must send you back to GA
How to ammend the constitution:
there are 4 ways most popular way is:
-both senate and HR have to have a 2/3 vote each for the same thing
-once passed by both senate and HR, it goes to the states for their approval of a 3/4 vote ina certain amount of time (38 out of 50 states)
-if the states do not agree it is deaad and oyu have to start all over
-if the states agree, then the ammendment is added to the constitution
What is the "Supremem law of the land"?
The constitution
How many colonies had to ratifyt he constitution before it could take effect?
9 out of 13
What are the bill of Rihgts?
The first 10 ammendments added during Wahington's time in 1791
WHy were the Bill of Rights added?
because the anti-federalists were worried that the constitution gave too much power to the central gov. and therefore could trample on the rights of the people
What is slander and Libel?
-slander- telling a lie that is meant to ruins another's reputation
-libel- when you intentionally publish something to endanger someones reputation that is a lie
What is Probable Cause?
a good reason (must prove to the judge that the person you want to search has done a crime) that is needed to obtain a search warrant