. Flashcards

1
Q

Why does the U.S. Constitution start with “We the people…” (2 reasons)?

A

It is a social contract between the people and their leaders.
It is based on popular sovereignty.

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2
Q

What Enlightenment Thinker is famous for writing about the Social Contract?

A

Jean Jacques Rousseau

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3
Q

What is a “Social Contract”?

A

An agreement between the people and their leaders.

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4
Q

What Enlightenment Thinker is famous for writing about the Separation of Powers?

A

Baron de Montesquieu

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5
Q

Why did the founders want “to form a more perfect union”?

A

Because the Articles of Confederation had many problems and was not working.

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6
Q

What are the six purposes for establishing the U.S. Constitution?

A

To form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity

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7
Q

What is meant by “establishing justice”?

A

To have a court system and judges that are fair.

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8
Q

Why did the Founders want to “establish justice”?

A

Because the Articles of Confederation had no national courts and it caused problems.

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9
Q

What is meant by “insure domestic tranquility”?

A

To make sure there is peace inside the country.

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10
Q

Why did the Founders want to “insure domestic tranquility”?

A

So there would not be riots or rebellions in the country. Like Shay’s Rebellion.

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11
Q

What is popular sovereignty?

A

Power to the people

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12
Q

What is meant by Separation of Powers?

A

There are three branches of government each with different roles.

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13
Q

What are the three branches of government?

A

The Legislative Branch
The Executive Branch
The Judicial Branch

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14
Q

What is the role of the Legislative Branch?

A

The legislative branch makes the laws.

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15
Q

What is the role of the Executive Branch?

A

The Executive Branch enforces the laws.

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16
Q

What is the role of the Judicial Branch?

A

The Judicial Branch interprets the laws.

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17
Q

What power was the Congress given to “provide for the common defense”?

A

The power to maintain an army and a navy.

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18
Q

What is meant by “promote the general Welfare”?

A

To make sure the economy is good. Everyone has good working conditions.

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19
Q

What is meant by “secure the Blessings of Liberty to ourselves and our Posterity”?

A

To make sure everyone for all time will not be put in jail for no reason.

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20
Q

Why did the Founders want to “provide for the common defence”?

A

Under the Articles of Confederation, there was no national army and they were unable to make the British leave the forts in the Ohio Valley as was promised.

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21
Q

What are the four theories of the origin of the state?

A

The force theory
The evolutionary theory
The divine right theory
The Social Contract

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22
Q

Which theory of the origin of the state is the United States Constitution based on?

A

The Social Contract Theory

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23
Q

What is limited government?

A

Government which is not all powerful.

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24
Q

What are the six basic principles of the U.S. Constitution?

A

Popular Sovereignty, Limited Government, Judicial Review, Checks & Balances, Federalism, Separation of Powers

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25
Q

What is federalism?

A

Power divided between the National and state governments.

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26
Q

What are the qualifications for becoming a Member of the House of Representatives?

A

25 or more years old
7 years a citizen
Live in the state they represent

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27
Q

What are the qualifications for becoming a Senator?

A

30 or more years old
9 years a citizen
Live in the state they represent

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28
Q

What are the qualifications for becoming President of the United States?

A

35 or more years old
Natural born citizen
Live in the U.S. for the last 14 years.

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29
Q

What is the term of office for the House of Representatives?

A

2 years

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30
Q

What is the term of office for a Senator?

A

6 years

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31
Q

What is the term of office for the President of the United States?

A

4 years

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32
Q

How many members of the House of Representatives?

A

435

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33
Q

How many members of the Senate?

A

100

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34
Q

How is the number of Members of the House for each state determined?

A

By population size

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35
Q

How is the number of Senators from each state determined?

A

Two from each state

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36
Q

How many Members of the House does CA have today?

A

55

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37
Q

What is a census?

A

A counting of the people

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38
Q

How often does the United States take the census?

A

10 years

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39
Q

Why does the United States take the census?

A

To determine the representation for each state

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40
Q

Why is the Senate called the “House that never dies”?

A

⅓ of the Senate is up for election every 2 years, therefore they always have Senators who have some experience.

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41
Q

What is “the full faith and credit” clause?

A

If two people make a contract in one state they cannot get out of it by going to a different state.

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42
Q

What are enumerated powers?

A

Powers listed or numbered in the Constitution

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43
Q

What are implied powers?

A

Powers not written in the Constitution, but are suggested by the powers that are written.

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44
Q

What are reserved powers?

A

Powers not granted in the Constitution to the national government, so they are state powers.

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45
Q

What is “the necessary and proper” clause?

A

At the end of the list of powers given to the Congress in the Constitution it gives any powers needed to carry out the listed powers.

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46
Q

What is the “elastic” clause?

A

The “elastic clause” is the nickname for the Necessary and Proper clause because it allows Congress to stretch the powers given to them.

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47
Q

Which power of Congress has been stretched the most?

A

The most elastic power of Congress has be the interstate commerce clause.

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48
Q

What are the 3 types of government that describe where the power is in a government?

A

Unitary
Federal
Confederate

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49
Q

What are the 3 types of government that describe who has the power?

A

Democracy
Oligarchy
Monarchy

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50
Q

What does impeachment mean?

A

To accuse of wrongdoing

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51
Q

Who has the power to impeach?

A

The House of Representatives

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52
Q

Who acts as the jury in an impeachment trial?

A

The Senate

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53
Q

Who is the presiding judge in an impeachment trial?

A

The Chief Justice

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54
Q

What part of the U.S. Constitution lists the powers of the Congress?

A

Article I - Section 8

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55
Q

Who has the power to declare war?

A

The Congress

56
Q

What are the titles of the officers of the Senate?

A
  • President of the Senate
  • President Pro-tempore of the Senate
  • Majority Leader of the Senate
  • Majority Whip of the Senate.
  • Minority Leader of the Senate.
  • Minority Whip of the Senate.
57
Q

Who has the power to lay and collect taxes?

A

The Congress

58
Q

Why must all tax laws originate in the House of Representatives?

A

Because at the time the Constitution was written the House was the only part of the government elected directly by the people.

59
Q

Who has “reserved” powers?

A

The states

60
Q

Give examples of reserved powers?

A

marriage, education, alcoholic beverage, and driving laws.

61
Q

What is the interstate commerce clause?

A

It gives the Congress power to make laws for businesses that operate in more than one state.

62
Q

List five of the enumerated powers.

A

Power to tax, raise an army and navy, regulate interstate commerce, to coin money, and to declare war.

63
Q

Why is the U.S government entitled to have an Air Force?

A

Because of the “necessary and proper clause” or the “elastic clause”

64
Q

What are the titles of the officers of the House of Representatives?

A
  • Speaker of the House
  • President Pro-tempore of the House
  • Majority Leader of the House
  • Majority Whips of the House
  • Minority Leader of the House
  • Minority Whips of the House.
65
Q

Who is the President of the Senate?

A

The Vice President of the United States.

66
Q

What is a quorum?

A

The percentage of a group who must be present for an official meeting to take place.

67
Q

How much is a member of the House of Representatives paid?

A

$174,000 a year. Plus a housing and travel allowance

68
Q

How much is a United States Senator paid?

A

$174,000 a year. Plus a housing and travel allowance

69
Q

How much is the President paid?

A

$400,000

70
Q

Where do taxes bills start?

A

In the House of Representatives

71
Q

What is a bill?

A

A proposed law

72
Q

Who can propose a law?

A

Anyone, as long as a member of Congress sponsors it.

73
Q

What is a veto?

A

A rejection especially of a bill by the executive branch.

74
Q

What is a filibuster?

A

A speech that goes on and on in an attempt to keep the Senate from voting on a bill.

75
Q

How can the President check the Congress?

A

With the veto of a bill.

76
Q

How can the Congress balance the President’s veto?

A

By overriding it with a ⅔ vote.

77
Q

What is a pocket veto?

A

The President has 10 days to sign a bill or it becomes a law without his signature unless the Congress has adjourned, then it is an automatic veto.

78
Q

What powers does the Constitution grant Congress that were not granted in the Articles of Confederation?

A

Power to tax, maintain an army and navy, make courts, maintain a militia.

79
Q

Who has the power to appoint ambassadors?

A

The President

80
Q

Who appoints members of the cabinet?

A

The President

81
Q

Who approves the ambassadors and cabinet?

A

The Senate

82
Q

Who appoints judges?

A

The President

83
Q

Who approves judges?

A

The Senate

84
Q

How long does a judge serve?

A

For life

85
Q

Who breaks a tie in the Senate?

A

The Vice President

86
Q

What are three roles of the President?

A

Head of State, Commander in Chief, and Head of the Executive Branch

87
Q

What is a treaty?

A

An agreement between two or more countries

88
Q

Who signs and negotiates treaties?

A

The President

89
Q

Who approves treaties?

A

The Senate

90
Q

How can an amendment to the Constitution be proposed?

A

By a ⅔ vote in Congress or by a ⅔ vote of a Constitutional Convention called for by ¾ of the states.

91
Q

How can an amendment to the Constitution be ratified?

A

By ¾ of the states either by their legislature or by convention.

92
Q

What is an amendment?

A

A change

93
Q

What does ratified mean?

A

To approve

94
Q

Who has the power to declare war?

A

The Congress

95
Q

What is an ambassador?

A

A person who represents their home country to another country.

96
Q

What is a cabinet member?

A

Advisor to the president and head of a government department

97
Q

How many states must ratify an amendment to the Constitution?

A

¾ of the states so right now that is 38 states.

98
Q

How is the President elected?

A

By electors or a group of people chosen by each state.

99
Q

How many electors are required to elect the President?

A

Presently 270

100
Q

What does adjourn mean?

A

To end a meeting

101
Q

How many electors does California have?

A

55

102
Q

How many electors does each state have?

A

The number of members of the House they have plus their two Senators.

103
Q

Who is the head of the U. S. Supreme Court?

A

The Chief Justice

104
Q

How many members are there on the U. S. Supreme Court?

A

Presently 9.

105
Q

What are the first ten amendments to the US Constitution called?

A

The Bill of Rights

106
Q

What five freedoms are listed in the first amendment?

A

Freedom of religion, speech, press, assembly, and petition.

107
Q

What does the establishment clause mean?

A

The government may not make an official religion of the USA.

108
Q

What does the free exercise clause mean?

A

The government cannot keep you from doing something your religion requires.

109
Q

Under what circumstances can the government use your house to quarter soldiers?

A

During war as said in the law

110
Q

What type of search and seizures does the fourth amendment protect you from?

A

unreasonable searches and seizures

111
Q

What is needed to get a warrant?

A

Probable cause

112
Q

What is an indictment?

A

An arrest warrant issued by a grand jury

113
Q

What does double jeopardy mean?

A

Cannot be tried twice for the same crime

114
Q

What does the right to due process mean?

A

There must be fair procedures in place for arrest and trial and they must be followed for everyone

115
Q

What type of trial are we entitled to have?

A

speedy and public trial

116
Q

What type of jury are you entitled to have?

A

An impartial jury

117
Q

What if you cannot afford an attorney?

A

An attorney will be provided by the gov’t.

118
Q

When are you entitled to a jury trial?

A

In both criminal and civil court

119
Q

What is bail?

A

The temporary release of the accused on the promise they will return for their trial

120
Q

What is a fine?

A

Money paid as punishment for a crime

121
Q

What types of bail and fines are prohibited?

A

Excessive

122
Q

What types of punishments are prohibited?

A

Cruel and unusual

123
Q

What is one right you have that is not specifically written in the constitution?

A

The right to privacy

124
Q

What is a natural-born citizen?

A

A person born is the USA is a citizen from birth

125
Q

Who does the due process clause apply to?

A

National and state governments

126
Q

What groups were given the right to vote in amendments?

A

People of color, women, poor people, residents of Washington, D.C., and 18-year-olds.

127
Q

What type of taxes are made legal by the 16th amendment?

A

Income taxes

128
Q

How are U.S. Senators chosen?

A

Direct vote of the people in their state.

129
Q

What is the definition of repeal?

A

To undo a law.

130
Q

The 21st amendment repeals the 18th amendment. What is their subject?

A

Manufacture and sale of alcohol

131
Q

How many times can a president be elected?

A

twice

132
Q

What is the longest time a person can be president?

A

10 years

133
Q

What is the equal protection clause?

A

Everyone must be treated equally under the law

134
Q

What must happen before Senators and Representatives get a raise?

A

There must be an election

135
Q

How many amendments were proposed for the Bill of Rights?

A

12 amendments

136
Q

What is the line of succession?

A
  • Vice President
  • Speaker of the House
  • President Pro-tempore of the Senate
  • Secretary of State
  • Secretary of Treasury
  • Secretary of Defense
  • Attorney General
  • Secretary of Interior
  • Secretary of Agriculture
  • Secretary of Commerce
  • Secretary of Labor
  • Secretary of Health and Human Services
  • Secretary of Housing Urban Development
  • Secretary of Transportation
  • Secretary of Energy
  • Secretary of Education
  • Secretary of Veterans Affairs
  • Secretary of Homeland Security