. Flashcards
Why does the U.S. Constitution start with “We the people…” (2 reasons)?
It is a social contract between the people and their leaders.
It is based on popular sovereignty.
What Enlightenment Thinker is famous for writing about the Social Contract?
Jean Jacques Rousseau
What is a “Social Contract”?
An agreement between the people and their leaders.
What Enlightenment Thinker is famous for writing about the Separation of Powers?
Baron de Montesquieu
Why did the founders want “to form a more perfect union”?
Because the Articles of Confederation had many problems and was not working.
What are the six purposes for establishing the U.S. Constitution?
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
What is meant by “establishing justice”?
To have a court system and judges that are fair.
Why did the Founders want to “establish justice”?
Because the Articles of Confederation had no national courts and it caused problems.
What is meant by “insure domestic tranquility”?
To make sure there is peace inside the country.
Why did the Founders want to “insure domestic tranquility”?
So there would not be riots or rebellions in the country. Like Shay’s Rebellion.
What is popular sovereignty?
Power to the people
What is meant by Separation of Powers?
There are three branches of government each with different roles.
What are the three branches of government?
The Legislative Branch
The Executive Branch
The Judicial Branch
What is the role of the Legislative Branch?
The legislative branch makes the laws.
What is the role of the Executive Branch?
The Executive Branch enforces the laws.
What is the role of the Judicial Branch?
The Judicial Branch interprets the laws.
What power was the Congress given to “provide for the common defense”?
The power to maintain an army and a navy.
What is meant by “promote the general Welfare”?
To make sure the economy is good. Everyone has good working conditions.
What is meant by “secure the Blessings of Liberty to ourselves and our Posterity”?
To make sure everyone for all time will not be put in jail for no reason.
Why did the Founders want to “provide for the common defence”?
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.
What are the four theories of the origin of the state?
The force theory
The evolutionary theory
The divine right theory
The Social Contract
Which theory of the origin of the state is the United States Constitution based on?
The Social Contract Theory
What is limited government?
Government which is not all powerful.
What are the six basic principles of the U.S. Constitution?
Popular Sovereignty, Limited Government, Judicial Review, Checks & Balances, Federalism, Separation of Powers
What is federalism?
Power divided between the National and state governments.
What are the qualifications for becoming a Member of the House of Representatives?
25 or more years old
7 years a citizen
Live in the state they represent
What are the qualifications for becoming a Senator?
30 or more years old
9 years a citizen
Live in the state they represent
What are the qualifications for becoming President of the United States?
35 or more years old
Natural born citizen
Live in the U.S. for the last 14 years.
What is the term of office for the House of Representatives?
2 years
What is the term of office for a Senator?
6 years
What is the term of office for the President of the United States?
4 years
How many members of the House of Representatives?
435
How many members of the Senate?
100
How is the number of Members of the House for each state determined?
By population size
How is the number of Senators from each state determined?
Two from each state
How many Members of the House does CA have today?
55
What is a census?
A counting of the people
How often does the United States take the census?
10 years
Why does the United States take the census?
To determine the representation for each state
Why is the Senate called the “House that never dies”?
⅓ of the Senate is up for election every 2 years, therefore they always have Senators who have some experience.
What is “the full faith and credit” clause?
If two people make a contract in one state they cannot get out of it by going to a different state.
What are enumerated powers?
Powers listed or numbered in the Constitution
What are implied powers?
Powers not written in the Constitution, but are suggested by the powers that are written.
What are reserved powers?
Powers not granted in the Constitution to the national government, so they are state powers.
What is “the necessary and proper” clause?
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.
What is the “elastic” clause?
The “elastic clause” is the nickname for the Necessary and Proper clause because it allows Congress to stretch the powers given to them.
Which power of Congress has been stretched the most?
The most elastic power of Congress has be the interstate commerce clause.
What are the 3 types of government that describe where the power is in a government?
Unitary
Federal
Confederate
What are the 3 types of government that describe who has the power?
Democracy
Oligarchy
Monarchy
What does impeachment mean?
To accuse of wrongdoing
Who has the power to impeach?
The House of Representatives
Who acts as the jury in an impeachment trial?
The Senate
Who is the presiding judge in an impeachment trial?
The Chief Justice
What part of the U.S. Constitution lists the powers of the Congress?
Article I - Section 8
Who has the power to declare war?
The Congress
What are the titles of the officers of the Senate?
- 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.
Who has the power to lay and collect taxes?
The Congress
Why must all tax laws originate in the House of Representatives?
Because at the time the Constitution was written the House was the only part of the government elected directly by the people.
Who has “reserved” powers?
The states
Give examples of reserved powers?
marriage, education, alcoholic beverage, and driving laws.
What is the interstate commerce clause?
It gives the Congress power to make laws for businesses that operate in more than one state.
List five of the enumerated powers.
Power to tax, raise an army and navy, regulate interstate commerce, to coin money, and to declare war.
Why is the U.S government entitled to have an Air Force?
Because of the “necessary and proper clause” or the “elastic clause”
What are the titles of the officers of the House of Representatives?
- 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.
Who is the President of the Senate?
The Vice President of the United States.
What is a quorum?
The percentage of a group who must be present for an official meeting to take place.
How much is a member of the House of Representatives paid?
$174,000 a year. Plus a housing and travel allowance
How much is a United States Senator paid?
$174,000 a year. Plus a housing and travel allowance
How much is the President paid?
$400,000
Where do taxes bills start?
In the House of Representatives
What is a bill?
A proposed law
Who can propose a law?
Anyone, as long as a member of Congress sponsors it.
What is a veto?
A rejection especially of a bill by the executive branch.
What is a filibuster?
A speech that goes on and on in an attempt to keep the Senate from voting on a bill.
How can the President check the Congress?
With the veto of a bill.
How can the Congress balance the President’s veto?
By overriding it with a ⅔ vote.
What is a pocket veto?
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.
What powers does the Constitution grant Congress that were not granted in the Articles of Confederation?
Power to tax, maintain an army and navy, make courts, maintain a militia.
Who has the power to appoint ambassadors?
The President
Who appoints members of the cabinet?
The President
Who approves the ambassadors and cabinet?
The Senate
Who appoints judges?
The President
Who approves judges?
The Senate
How long does a judge serve?
For life
Who breaks a tie in the Senate?
The Vice President
What are three roles of the President?
Head of State, Commander in Chief, and Head of the Executive Branch
What is a treaty?
An agreement between two or more countries
Who signs and negotiates treaties?
The President
Who approves treaties?
The Senate
How can an amendment to the Constitution be proposed?
By a ⅔ vote in Congress or by a ⅔ vote of a Constitutional Convention called for by ¾ of the states.
How can an amendment to the Constitution be ratified?
By ¾ of the states either by their legislature or by convention.
What is an amendment?
A change
What does ratified mean?
To approve
Who has the power to declare war?
The Congress
What is an ambassador?
A person who represents their home country to another country.
What is a cabinet member?
Advisor to the president and head of a government department
How many states must ratify an amendment to the Constitution?
¾ of the states so right now that is 38 states.
How is the President elected?
By electors or a group of people chosen by each state.
How many electors are required to elect the President?
Presently 270
What does adjourn mean?
To end a meeting
How many electors does California have?
55
How many electors does each state have?
The number of members of the House they have plus their two Senators.
Who is the head of the U. S. Supreme Court?
The Chief Justice
How many members are there on the U. S. Supreme Court?
Presently 9.
What are the first ten amendments to the US Constitution called?
The Bill of Rights
What five freedoms are listed in the first amendment?
Freedom of religion, speech, press, assembly, and petition.
What does the establishment clause mean?
The government may not make an official religion of the USA.
What does the free exercise clause mean?
The government cannot keep you from doing something your religion requires.
Under what circumstances can the government use your house to quarter soldiers?
During war as said in the law
What type of search and seizures does the fourth amendment protect you from?
unreasonable searches and seizures
What is needed to get a warrant?
Probable cause
What is an indictment?
An arrest warrant issued by a grand jury
What does double jeopardy mean?
Cannot be tried twice for the same crime
What does the right to due process mean?
There must be fair procedures in place for arrest and trial and they must be followed for everyone
What type of trial are we entitled to have?
speedy and public trial
What type of jury are you entitled to have?
An impartial jury
What if you cannot afford an attorney?
An attorney will be provided by the gov’t.
When are you entitled to a jury trial?
In both criminal and civil court
What is bail?
The temporary release of the accused on the promise they will return for their trial
What is a fine?
Money paid as punishment for a crime
What types of bail and fines are prohibited?
Excessive
What types of punishments are prohibited?
Cruel and unusual
What is one right you have that is not specifically written in the constitution?
The right to privacy
What is a natural-born citizen?
A person born is the USA is a citizen from birth
Who does the due process clause apply to?
National and state governments
What groups were given the right to vote in amendments?
People of color, women, poor people, residents of Washington, D.C., and 18-year-olds.
What type of taxes are made legal by the 16th amendment?
Income taxes
How are U.S. Senators chosen?
Direct vote of the people in their state.
What is the definition of repeal?
To undo a law.
The 21st amendment repeals the 18th amendment. What is their subject?
Manufacture and sale of alcohol
How many times can a president be elected?
twice
What is the longest time a person can be president?
10 years
What is the equal protection clause?
Everyone must be treated equally under the law
What must happen before Senators and Representatives get a raise?
There must be an election
How many amendments were proposed for the Bill of Rights?
12 amendments
What is the line of succession?
- 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
