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118 Cards in this Set

  • Front
  • Back

What is Article I about?

Legislative Branch AKA Congress

How often are representatives elected and how long is their term of office?

2 years

What are the 3 requirements listed for House members?

1. At least 30 years old


2. Citizen for at least 7 years


3. Citizen of whatever state they represent

What is the determining basis for how many House members a state receives?

Population count

If there is a vacancy in the House, what happens?

The governor calls a special election

Who is the presiding officer of the House?

The speaker of the House

The House has the sole power of...

impeachment

How long is the term of a Senator?

6 years

How were Senators originally chosen? What amendment changed this?

The state legislatures, the 17th amendment gave the right to the people

What are the three requirements listed for Senators?

1. At least 30 years old


2. Citizen for 9+ years


3. Citizen of the state they represent

Who is the president of the Senate and when may that person vote?

The vice president, only to break a tie

Which legislative body has the power to try an impeached official?

Senate

Which congressional body can impeach?

House

Who officiates when the President is tried for impeachment?

The chief justice of SCOTUS

What is the required vote to convict someone who has been impeached?

2/3rds vote

What is the only penalty that can me imposed on someone who is impeached?

Removal from office and prevention from holding other offices

Who decides the times, places, and manner for holding elections for Congress?

State governments

What is the salary for Congress and who sets it?

$174,000, congress sets it

Congressmen are prevented from arrest while in session, except for what 3 reasons?

1. Treason


2. Felony


3. Breach of peace

In what federal body do all bills concerning taxes/revenue originate?

House of Representatives

What fraction of both houses must vote to override a veto?

2/3

What happens if the president does not return a bill in 10 days while congress is in session?

it becomes a law

What happens if the president does not return a bill in 10 days while congress is NOT in session?

a "pocket veto"

What are some "expressed," or "enumerated," powers of Congress?

Collect taxes, regulate commerce, make roads and post offices, determine federal court system, declare war/provide and maintain a Navy and Army, determine copyright system, coin money

What is the clause that gives Congress the most general, non-specific powers?

"elastic clause" or the "necessary and proper clause"

What is the "Necessary and Proper clause?"

A clause that gives congress the power to make any laws "necessary and proper" to carry out their expressed duties. The laws given from this clause are called "implied powers."

What are some examples of implied powers?

Congress can coin/borrow money -> implies power to make Fed


Congress can regulate interstate commerce -> implies power to establish minimum wage (it relates to interstate commerce)

What are the three limitations on the power of Congress to deny the people rights?

1. Right to habeas corpus (right to give each imprisoned person a trial)


2. No bill of attainder (no individual may lose rights or property w/o a trial)


3. No ex post facto laws (nobody can be punished for something before it was made illegal)

When may the writ of habeas corpus be suspended?

in emergency situations

What are three limits on the power of states?

1. No state can enter a treaty or alliance with another country or make its own currency


2. No state may interfere with foreign trade w/o congressional approval


3. No state can levy import taxes, sign agreements or treaties with foreign nations, or enter into compacts with other states

What is Article II about?

The executive branch

How old does someone have to be to be elected president?

35

How does the number of electors (electoral votes) for each state get determined?

The amount of House and Senate seats in congress

What are the requirements for president and vice president?

natural-born citizen, 35+, lived in US for 14+ years

What are some powers of the president?

commander-in-chief of the military, may have a cabinet, can grant pardons (federal crimes), make executive orders, sign bills or veto, appoint officials (with senate approval), negotiate treaties with senate

Who is CEO of the executive branch?

The president

What is the main duty of the executive branch?

to enforce and carry out laws

Which amendment limits the president to 2 4 year terms?

22nd

What is "advice and consent?"

When the president negotiates treaties, appoints officials, or sets up appointments, the senate must consent to them

What is the body of Congress that must approve a treaty the president has negotiated and the fraction they must approve it by?

Senate, 2/3

What must the president do "from time to time?"

Give the State of Union address to Congress and recommend actions deemed necessary

What can a president or other officers be impeached for?

treason, bribery, or other high crime or misdemeanors

What is Article III about?

the Judicial Branch

What is the main duty of the Judicial Branch

Interpret the law

What is the term of office for Supreme Court justices? When may they be removed?

As long as they maintain good behavior, they can stay

Who decides how many federal courts we have?

Congress

In which cases does the Supreme Court have original jurisdiction?

In trials involving a state or an ambassador

What must be necessary to convict someone of treason?

An open confession or matching testimony of 2 witnesses

What is Judicial Review?

the power to determine the constitutionality of an action of the government or law

Was judicial review initially included in the constitution?

No, it was assumed as a power the judicial branch has

What case established the precedent of judicial review?

Marbury v. Madison (1803)

What is Article IV about?

Relations between states and the obligations of the National government to the states

What does the constitution say about how one state must regard the laws and records of another?

They must respect and honor them (Full Faith & credit)

What are privileges and immunities?

States must treat all citizens equally no matter what state they reside in

What limit is put on adding new states?

Congress may add new states, but no new state can be made within boundaries of another without consent of the states' legislatures

Who can states make compacts and agreements with?

Other states, but not other nations

What is extradition?

States must return fugitives back to the state of their crime

Can states have a direct democracy?

No, they must have a republican form of government

Who comes in the aid of states when crisis occurs?

The national government

What is Article V about?

The amendment process - how the constitution is changed

What is the most common amendment process?

Proposal of 2/3rds of congress -> passed by 3/4 of state legislatures

What role does the president play in amending the constitution?

None - they cannot veto it

What are the only limitations on what can be the basis of an amendment?

No state can be deprived of equal representation in the Senate, nor can any amendments on slavery be made until 1808.

What is Article VI about?

The supremacy clause

What qualification for holding public office is forbidden?

Religion (Article VI)

What is the supremacy clause?

establishes constitution as the supreme law of the land

What does the Constitution say about which law should dominate if there is any conflict between laws?

The law made in accordance with the constitution (usually the national govt's law)

What is Article VII about?

The ratification of the constitution

How many colonies had to ratify the constitution to make it law?

9 out of 13

What are the 5 basic civil liberties named in the first amendment?

freedom of religion, speech, press, assembly, petition

What amendment extended the vote to 18 year olds?

25th

Which amendment outlaws "cruel and unusual punishment?"

8th

Which amendment ended slavery?

13th

Which amendment said that states could not prevent people from voting based on race?

15th

Which amendment says a person cannot be tried twice for the same crime (in the same court system)?

5th

When can the government take property, and what must the government give the owners? Which amendment established this?

When it will be used for public use, and the govt must give the owner fair compensation. The 5th amendment.

Which amendment defines citizenship?

14th

What are the rights of the accused?

Speedy and public trial, writ of Habeas Corpus, to remain silent, cannot be tried twice in same court system if found guilty, no cruel and unusual punishments

Which amendment prohibited alcohol? Which amendment repealed this?

18th, and 21st

Which amendment gave women the right to vote?

19th

Which amendment decided that a president can only be president for 2 terms?

22nd

On what day and time does the 20th amendment say the president shall be inaugurated? What about the new Congress?

Jan 20th at noon, Jan 3rd

Which amendment separated the vote for President and Vice President in the Electoral College?

22nd

Who shall choose the president and vice president if no one gets a majority in the Electoral College? What amendment states this?

House chooses pres, Senate chooses VP, 22nd

Which amendment requires a warrant to search property?

4th

Which amendment gave government power to impose an income tax?

16th

Which amendment lays out the rules of presidential succession?

25th

What is protected under the first amendment?

5 basic liberties: religion (establishment and exercise), speech/expression, press/media, assembly, petition/lobbying

What are the two components to the freedom of religion and explain each?

Freedom from establishment - Congress cannot establish a certain religion


Freedom of exercise - People are free to exercise whatever religion they want

What is protected under the second amendment?

The right to bear arms

What does the 3rd amendment prevent?

Quartering of soldiers during peacetime

What does the 4th amendment prevent?

Unreasonable searches and seizures and search warrants with a probable cause (have to be a good reason and warrant to search someone's property)

What does the 5th amendment protect?

due process of the law, Grand Jury (enough evidence for the trial), prevents Self Incrimination (right to stay silent), double jeopardy, and allows for eminent domain

What is eminent domain?

The government right to seize property; however, they must give just compensation for it

What does the 6th amendment protect?

Right to a fair and speedy public trial (rights to be notified of accusations, confronation of accuser, obtaining own witnesses) and a lawyer

What does the 7th amendment protect?

Right to jury trial in civil cases (no one will go to jail)

What does the 8th amendment prohibit?

Cruel and unusual punishment (controversial)

What does the 9th amendment protect?

All basic rights not mentioned in constitution; our rights are indefinite, not limited, and the bill of rights cannot be used against us.

What does the 10th amendment do?

Reserve all powers not granted to the national government to the states and people (comes into direct conflict with "elastic clause") "RESERVED POWERS"

What does the 11th amendment prevent?

Citizens from suing states other than the one they reside in in Federal courts. They have to be a citizen of the state to do so.

What does the 12th amendment do?

Change the electoral college by separating vote for VP and P (1 vote for P, 1 vote for VP)

What does the 13th amendment do?

end slavery

What does the 14th amendment do?

States now must abide to the Bill of Rights


States must give all citizens equal legal protection


Defines birthright citizenship and repeals 3/5ths compromise


Limits the power of the state (they cannot take away citizens' life, liberty, and property without due process)

How does the 14th amendment limit state power?

It makes them abide to the Bill of Rights

Did the Bill of Rights originally apply to states?

NO! It originally was only for the national govt until the 14th amendment

What are civil liberties?

Constitutional freedoms that limit what the govt can do and protect individual rights from being violated by the constitution

What does the 15th amendment establish?

The right to vote cannot be based on race or color

What does the 16th amendment create?

Income tax

What does the 17th amendment do?

Establishes the direct selection of senators thru popular vote rather than being selected thru state legislatures (deprived states even more)

What are the Progressive Era amendments?

16-19 - in come senators with wine and women

What did the 20th amendment do?

Move the date congress begins to Jan 3rd and presidential inauguration to Jan 20th at noon


"lame duck" amendment

What does the 22nd amendment do?

Limit presidents to 2 terms

What does the 23rd amendment do?

Give 3 electoral college votes to Washington DC so citizens in DC can vote for president - they have 1 rep in house, yet they cannot vote

What does the 24th amendment prohibit?

Poll tax

What does the 25th amendment establish?

Rules for presidential sucession

What does the 26th amendment do?

Move the legal voting age to 18 (Vietnam war)

What does the 27th amendment do?

Make congressional pay raises to not take effect until next term of office (so if they request ridiculous raises, they will be voted out of office before it happens)

What does the Senate and House do?

The House is closer to the public and follows their opinion more


The Senate is more distant from public opinion and checks it