Chapter 4 Flashcards

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1
Q

What is a statute.

A

A law. When enacted it is codified (written)

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2
Q

How many chambers of congress and what are they.

A

Two chambers (Bicameral)
House of Representatives
Senate
Each chamber has its own rules!!!!

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3
Q

Senate
how many
how long is term
how they are elected

A

Comprised of 2 members from each state total 100

Senators serve a term of 6 years

Senators originally were chosen by State legislatures –17th Amendment enacted to make senators directly elected

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3
Q

Important Premise of a law

A

Once a law is enacted by the legislature and signed by the executive, it is PRESUMED TO BE VALID. If the law is questioned or contested, the Courts start with the premise that the statute is valid. The person or group contesting the validity of the statute will have the burden of showing why it violates the constitution.

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3
Q

pocket veto

A

a pocket veto occurs when a bill fails to become law because the president does not sign it within the 10 day period and cannot return it to Congress because Congress is no longer in session.

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4
Q

Commerce Clause

A

Involves Interstate Commerce, but can also involve intrastate commerce that has a significant impact on Interstate Commerce.

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4
Q

Investigatory Powers of Congress purpose

A

Congress is authorized to conduct investigatory hearings – purpose is to determine potential legislation.

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4
Q

Congressional immunity

A

Congresspeople have freedom from arrest in Chambers while they are in session
However, they can be served with a civil summons
Congresspeople cannot be sued for statements made during congressional proceedings – absolute immunity

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5
Q

House of Representatives
How many
how long is term
how they are elected

A

Number of Representatives is based on total population of each state

Representative serve a term of 2 years

Have been directly elected by the people since Constitution was adopted

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6
Q

What is impeachment

A

Impeachment is not removal – it is a charge or list of charges
Constitution requires the violation(s) be a “high crime or misdemeanor.”

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7
Q

origination clause

A

Constitution requires all revenue raising bills to originate in the House of representatives

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8
Q

T/F Members of congress are absolutely immune from suit for statements made while on the floor of either house.

A

True

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9
Q

T/F The constitution limits the number of terms a person may serve in both the house and the Senate

A

False

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10
Q

Under what authority (amendment) can congress levy an income tax

A

16th amendment

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11
Q

Which case invalidated the federal gun free school zone act?

A

US v lopez

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12
Q

Which case allowed congress to prosecute marijuana crimes even when a state has a law allowing for the medical use of the drug?

A

Gonzales v Raich

13
Q

T/F Each house of Congress possesses the final authority to decide who won in contested elections in that chamber.

A

True

14
Q
A