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45 Cards in this Set

  • Front
  • Back
What does Article One of the U.S. Constitution address?
the Legislative branch
How often are the members of the House of Representatives chosen?
every 2 years
What principle determines how many representatives each state is entitled to in the House of Representatives?
proportional representation based on state population
What is the meaning and purpose of the "3/5ths" clause in Article 1, section 2, paragraph 3?
The South was greatly outnumbered by the North in terms of population of citizens, so despite the fact that slaves did not have civil rights, the South pushed to have slaves counted in their population.
This would ensure that they had more representation in the House of Reps., which would allow them to keep slavery around.
How did the original Constitution provide for the choice of Senators? Why?
Senators were elected by state legislatures.
It was believed that those already in government were "better men" (i.e. more educated, could make better decisions than the average man), so they were more likely to choose the right people as senators.
How and when did the 17th AMendment change this method of selection?
~1912, people were given the right to elect their senators directly
How are senators apportioned among the states? Why was this system chosen
2 senators per state
"fair" representation of each state (smaller states have equal power)
In what manner are the terms of senators staggered? Why?
each term is 6 years; every two years 1/3 of the Senate is up for election
The elections are staggered so that no state has both senators running at the same time, so that the Senate stays relatively balanced (does not become overwhelmingly conservative or liberal just based on voter sentiment at the time), allows small change, which voters will more willingly agree to
Who presides over the Senate and when may he/she vote?
the vice president
He/she may vote when there is a tie.
In what three different ways may a bill become a law?
if the President signs it
if Congresss overrides the President's veto with 2/3 votes (this proves Congress' passion for the bill to be passed)
if the President does not sign or send the bill back within 10 days
Where must all money bills originate? Why?
in the House of Representatives
This is because the House is closest to the people --> the people then have the most direct control as possible over their taxation (this was a response to the way that Britain imposed taxes on the colonists)
Cite several powers of Congress (Article 1, Section 8).
to declare war
to lay + collect taxes
to make "necessary + proper" laws
to regulate commerce among states and with foreign countries
to coin money
to establish post offices and roads
Which powers given to Congress in the Constitution were explicitly excluded in the Articles of Confederation?
powers regarding commerce
What is the meaning and purpose of the "necessary and proper" clause of Article 1, Sec. 8? Why is it often called the elastic clause?
to cover anything that has not been covered (if things change, this is useful)
Congress can manipulate the clause to do things that may not fall under its jurisdiction
Name one issue from the 1790s over which two of the republic's leaders clashed in their interpretations of the "necessary and proper" clause.
In 1791, Hamilton used the clause to defend the constitutionality of the creation of the First Bank of the United States, the first federal bank in the new nation's history.
Madison argued that Congress lacked the constitutional authority to charter a bank.
Hamilton argued that the bank was a reasonable means of carrying out powers related to taxation and the borrowing of funds, claiming the clause applied to activities reasonably related to constitutional powers, not just those that were absolutely necessary to carry out said powers.
What is the general theme and purpose of Article 1, Section 9?
to limit Congress' powers
Which item in this section refers to slaves?
the importation of slaves cannot be ended until after 1808
Which component of the nation's new federal system does Article 1, Section 10 concern itself with?
to state what powers states do not have because those powers belong to the federal government
What does Article Two of the U.S. Constitution address?
the Executive branch
What are the repective roles of the President and Congress in the creation of treaties with foreign powers?
if 2/3 of the Senate allow it, the President may ratify treaties
What are the repective roles of the President and Congress in the selection of judges for the federal courts?
the President can appoint judges with the consent of the Senate
Under what circumstances may the President of the U.S. be impeached? To what other federal government officials does this apply?
after conviction of treason, bribery, or other high crimes
the Vice President and all civil officers (cabinet secretaries, judges, etc. - appointed officials)
Briefly describe the role of the Electoral College in the selection of a president.
voters elect electors --> meet to elect president
No, a presidential candidate does not need to get a majority of the popular vote to win office.
Does a presidential candidate need a majority of the popular vote to win office? Cite two elections that illustrate this.
1876: Tilden had more popular votes, Hayes won b/c he had more electoral votes (but Reconstruction Deal played a part as well)
2000: Bush won b/c he had more electoral votes
1860: Abraham Lincoln won b/c he had more electoral votes
What is the prescrived term in office for an elected President?
4 years
What amendment to the Constitution (and when) limits the number of terms a President may serve?
22nd Amendment (1947 - after FDR)
What does Article 3 of the U.S. Constitution address?
the Judicial branch
How many federal district courts are there? What purpose do they serve?
there are 97
they have "original jurisdiction," which means they are the first courts to review a case
How many appellate courts are there? What do they do?
there are 13
they review earlier cases on appeal of lower courts
What does the Supreme Court do?
has some "original jurisdiction"; reviews a small number of cases from the lower courts
What is the tenure of federal judges?
lifetime
What stipulation does the Constitution make with regard to judges' salaries?
cannot be decreased, but can be increased
What is appellate jurisdiction?
a higher court can change the outcome of a lower court
What does Article 4 of the U.S. Constitution address?
relations among states
What does the Constitution say about slaves in this Article? What practical considerations seemed to make it essential to include this provision in 1787?
fugitive slave clause: fugitive slaves will be returned to their masters
slaves could not escape to the North to obtain freedom - they would be forced to return to the South
What does Article 5 of the U.S. Constitution address?
the creation of amendments
Name two methods by which constitutional amendments can be introduced.
2/3 of Congress deem it necessary to propose an amendment
2/3 of state legislatures tell Congress --> Congress calls a convention to propose an amendment
Describe two ways in which proposed amendments may be ratified.
legislatures of 3/4 of the states ratify it
3/4 of a convention ratifies it
How does the process by which we create amendments to the Constitution reflect some of the basic principles of John Locke's political theory?
social contract - people have control over the law
What does Article 6 of the U.S. Constitution address?
I DONT KNOW
What is the "supreme law of the land"/"supremacy" clause?
the Constitution, Federal statutes, and U.S. treaties are more important than all other laws --state governments are not as powerful
What fingerprints of the "Federalist" point of view can be discerned here?
federal government has more power than the state governments???
What does Article 7 of the U.S. Constitution address?
I DONT KNOW
How was the original Constitution ratified?
each state ratified it separately
What political necessity ensured the inclusion of a Bill of Rights in the Constitution? When were they ratified?
the need to get 9 states to ratify the constitution - some states insisted that there be a bill of rights
December 15, 1791