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118 Cards in this Set
- Front
- Back
What is Article I about? |
Legislative Branch AKA Congress |
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How often are representatives elected and how long is their term of office? |
2 years |
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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 |
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What is the determining basis for how many House members a state receives? |
Population count |
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If there is a vacancy in the House, what happens? |
The governor calls a special election |
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Who is the presiding officer of the House? |
The speaker of the House |
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The House has the sole power of... |
impeachment |
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How long is the term of a Senator? |
6 years |
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How were Senators originally chosen? What amendment changed this? |
The state legislatures, the 17th amendment gave the right to the people |
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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 |
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Who is the president of the Senate and when may that person vote? |
The vice president, only to break a tie |
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Which legislative body has the power to try an impeached official? |
Senate |
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Which congressional body can impeach? |
House |
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Who officiates when the President is tried for impeachment? |
The chief justice of SCOTUS |
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What is the required vote to convict someone who has been impeached? |
2/3rds vote |
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What is the only penalty that can me imposed on someone who is impeached? |
Removal from office and prevention from holding other offices |
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Who decides the times, places, and manner for holding elections for Congress? |
State governments |
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What is the salary for Congress and who sets it? |
$174,000, congress sets it |
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Congressmen are prevented from arrest while in session, except for what 3 reasons? |
1. Treason 2. Felony 3. Breach of peace |
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In what federal body do all bills concerning taxes/revenue originate? |
House of Representatives |
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What fraction of both houses must vote to override a veto? |
2/3 |
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What happens if the president does not return a bill in 10 days while congress is in session? |
it becomes a law |
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What happens if the president does not return a bill in 10 days while congress is NOT in session? |
a "pocket veto" |
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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 |
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What is the clause that gives Congress the most general, non-specific powers? |
"elastic clause" or the "necessary and proper clause" |
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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." |
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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) |
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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) |
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When may the writ of habeas corpus be suspended? |
in emergency situations |
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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 |
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What is Article II about? |
The executive branch |
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How old does someone have to be to be elected president? |
35 |
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How does the number of electors (electoral votes) for each state get determined? |
The amount of House and Senate seats in congress |
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What are the requirements for president and vice president? |
natural-born citizen, 35+, lived in US for 14+ years |
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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 |
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Who is CEO of the executive branch? |
The president |
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What is the main duty of the executive branch? |
to enforce and carry out laws |
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Which amendment limits the president to 2 4 year terms? |
22nd |
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What is "advice and consent?" |
When the president negotiates treaties, appoints officials, or sets up appointments, the senate must consent to them |
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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 |
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What must the president do "from time to time?" |
Give the State of Union address to Congress and recommend actions deemed necessary |
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What can a president or other officers be impeached for? |
treason, bribery, or other high crime or misdemeanors |
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What is Article III about? |
the Judicial Branch |
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What is the main duty of the Judicial Branch |
Interpret the law |
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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 |
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Who decides how many federal courts we have? |
Congress |
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In which cases does the Supreme Court have original jurisdiction? |
In trials involving a state or an ambassador |
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What must be necessary to convict someone of treason? |
An open confession or matching testimony of 2 witnesses |
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What is Judicial Review? |
the power to determine the constitutionality of an action of the government or law |
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Was judicial review initially included in the constitution? |
No, it was assumed as a power the judicial branch has |
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What case established the precedent of judicial review? |
Marbury v. Madison (1803) |
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What is Article IV about? |
Relations between states and the obligations of the National government to the states |
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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) |
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What are privileges and immunities? |
States must treat all citizens equally no matter what state they reside in |
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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 |
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Who can states make compacts and agreements with? |
Other states, but not other nations |
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What is extradition? |
States must return fugitives back to the state of their crime |
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Can states have a direct democracy? |
No, they must have a republican form of government |
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Who comes in the aid of states when crisis occurs? |
The national government |
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What is Article V about? |
The amendment process - how the constitution is changed |
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What is the most common amendment process? |
Proposal of 2/3rds of congress -> passed by 3/4 of state legislatures |
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What role does the president play in amending the constitution? |
None - they cannot veto it |
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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. |
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What is Article VI about? |
The supremacy clause |
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What qualification for holding public office is forbidden? |
Religion (Article VI) |
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What is the supremacy clause? |
establishes constitution as the supreme law of the land |
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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) |
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What is Article VII about? |
The ratification of the constitution |
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How many colonies had to ratify the constitution to make it law? |
9 out of 13 |
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What are the 5 basic civil liberties named in the first amendment? |
freedom of religion, speech, press, assembly, petition |
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What amendment extended the vote to 18 year olds? |
25th |
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Which amendment outlaws "cruel and unusual punishment?" |
8th |
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Which amendment ended slavery? |
13th |
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Which amendment said that states could not prevent people from voting based on race? |
15th |
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Which amendment says a person cannot be tried twice for the same crime (in the same court system)? |
5th |
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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. |
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Which amendment defines citizenship? |
14th |
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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 |
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Which amendment prohibited alcohol? Which amendment repealed this? |
18th, and 21st |
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Which amendment gave women the right to vote? |
19th |
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Which amendment decided that a president can only be president for 2 terms? |
22nd |
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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 |
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Which amendment separated the vote for President and Vice President in the Electoral College? |
22nd |
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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 |
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Which amendment requires a warrant to search property? |
4th |
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Which amendment gave government power to impose an income tax? |
16th |
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Which amendment lays out the rules of presidential succession? |
25th |
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What is protected under the first amendment? |
5 basic liberties: religion (establishment and exercise), speech/expression, press/media, assembly, petition/lobbying |
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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 |
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What is protected under the second amendment? |
The right to bear arms |
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What does the 3rd amendment prevent? |
Quartering of soldiers during peacetime |
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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) |
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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 |
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What is eminent domain? |
The government right to seize property; however, they must give just compensation for it |
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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 |
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What does the 7th amendment protect? |
Right to jury trial in civil cases (no one will go to jail) |
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What does the 8th amendment prohibit? |
Cruel and unusual punishment (controversial) |
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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. |
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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" |
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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. |
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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) |
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What does the 13th amendment do? |
end slavery |
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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) |
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How does the 14th amendment limit state power? |
It makes them abide to the Bill of Rights |
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Did the Bill of Rights originally apply to states? |
NO! It originally was only for the national govt until the 14th amendment |
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What are civil liberties? |
Constitutional freedoms that limit what the govt can do and protect individual rights from being violated by the constitution |
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What does the 15th amendment establish? |
The right to vote cannot be based on race or color |
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What does the 16th amendment create? |
Income tax |
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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) |
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What are the Progressive Era amendments? |
16-19 - in come senators with wine and women |
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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 |
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What does the 22nd amendment do? |
Limit presidents to 2 terms |
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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 |
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What does the 24th amendment prohibit? |
Poll tax |
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What does the 25th amendment establish? |
Rules for presidential sucession |
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What does the 26th amendment do? |
Move the legal voting age to 18 (Vietnam war) |
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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) |
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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 |