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LAW 101 > chapter 4 (part one The Constitution) > Flashcards

chapter 4 (part one The Constitution) Flashcards

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1
Q

The Preamble

A

has no force of law, but explains the intent of the constitution

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2
Q

Article 1

A

Established the first branch: the legislature

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3
Q

Article 1, section 1

A

-legislature congress
-Bicameral system, two-part congress

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4
Q

Article 1, section 2

A

-establishes house of representatives
-25 yo member of house
-7 years citizen
-inhabitant of electorate state
-2 year terms
-members divided among states proportionally
-house elected speaker of the house

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5
Q

Article 1, section 3

A

-establishes senate
-30 yo member of senate
-9 years citizen
-inhabitant of electorate state
-appointed by state legislatures
-6 year terms
-2 senators each state
-Vice president is senate president
-Vice president only votes for ties

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6
Q

Article 1, section 4

A

-each state establishes its method of electing members
-congress must meet at least once a year

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7
Q

Article 1, section 5

A

-minimum number of members that must be present
-FINES for those who do not attend
-allows for members to be expelled
-requires both houses to record proceedings and votes
-requires both house to agree to adjournment

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8
Q

Article 1, section 6

A

-members of congress will be paid
-members of congress cannot be detailed white traveling to/fro congress
-members of congress cannot hold any other office

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9
Q

article 1, section 7

A

-Details how a bill becomes a law
-Requires any bill that raises money start from house
-bills passed by both houses are sent to president
-president can sign or veto
-if president veto, congress must pass by 2/3rds majority
-if president does not sign, nor veto, it becomes law in 10 days
-if the president does not sign and congress adjourns before 10 days, it does not become law (POCKET VETO)

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10
Q

Article 1, section 8

A

-congress can establish and maintain an army & navy
-congress can establish post office
-congress can create courts
-congress can regulate commerce between states
-congress can declare war
-congress can raise money
ELASTIC CLAUSE: congress can pass laws necessary to these actions

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11
Q

Article 1, Section 9

A

-congress cannot suspend habeas corpus
-congress cannot issue bills of attainder
-ex post facto laws are prohibited
-no law can give preference to one state over another
-no money can be taken from the treasury, but by law
-no titles of nobility are allowed

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12
Q

Habeas Corpus

A

the right to be brought to a court determining whether your detainment is justified

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13
Q

Bills of Attainder

A

a bill charging someone of guilt for a crime

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14
Q

Article 1, section 10

A

-States cannot make their own money
-States cannot declare war
-States cannot tax goods from other states
-States cannot have navites
-States cannot pass ex post facto laws
-State no nobility
-States cannot impair the obligation of contracts

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15
Q

Article 2

A

establishes the second branch: the executive

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16
Q

Article 2, section 1:

A

-president & vice president
-4 year terms
-elected by electoral college
-each state gets one vote for each member of congress in the EC
-whoever comes in second is Vice-President (what happened)
-35 yo president
-NATURAL BORN CITIZEN
-paid a salary that cannot be changed

17
Q

Article 2, section 2:

A

-Commander in Chief of the militia
-Assisting cabinet
-can pardon criminals lol
-make treaties approved by senate
-chooses judges approved by senate

18
Q

Article 2, section 3

A

-The president must give a state of the union address lol
-can make suggestions to congress
-receives ambassadors and head
-make sure laws of the United States are carried out

19
Q

Article 2, section 4

A

-all executives can be impeached
-impeached for treason, bribery, high crimes, misdemeanors

20
Q

Article 3

A

Established the third branch: judiciary branch

21
Q

Article 3, section 1

A

-supreme court highest court
-congress can create lower courts
-judges as long as on good behaviour lol
-judges pay cannot be lowered

22
Q

article 3, section 2

A

-original jurisdiction for all state disputes or cases involving other nations
-in all other matters, supreme court has only appellate jurisdiction
-right to a jury trial for all crimes except impeachment

23
Q

Article 3, Section 3

A

-Defines treason as levying war against the US, giving adherence to its enemies, or providing them aid
-to be convicted, there must be two witnesses to the same act or confession

24
Q

Article 4:

A

establishes state obligations

25
Q

Article 4 , section 1

A

full faith and credit to the laws of other states

26
Q

Article 4, section 2

A

-requires that citizens of one state be treated equally to citizens of other states
-requires extradition between states
-requires that slaves be returned to their owners

27
Q

Article 4, section 3

A

-concerns the admittance of new states into the union
-concerns control of federal land

28
Q

Article 4, section 4

A

-Guarantees each state a republican form of government
-the federal government must protect all states from invasion

29
Q

Article 5

A

-Establishes how to amend the constitution
-1: both houses of legislature by 2/3rds majority + ratified by 3/4ths of states
-2 (never happens) constitutional convention called by 2/3rds of legislatures
-3 Habeas Corpus and state equality cannot be amended

30
Q

Article 6

A

-establishes obligations of the US
-all debts incurred under the Confederation will be honored
-all officers of the US swear allegiance

31
Q

Article 7

A

ratify the constitution babies 9/13 states thank you

32
Q

summary of the first 10 amendments

A

ONE: freedom of speech/religion

TWO: free militia, right to own firearm

THREE: cannot force a homeowner to board the military

FOUR: protection from the government from unreasonable search and seizure of their property without warrant

FIVE: due process, indictment for charged crimes, no double charges, cannot be forced to testify, property cannot be taken without compensation

SIX: right to impartial jury, right to speedy trial, right to an attorney, right to compel witness, right to confront witness

SEVEN: the right to a civil jury trial in federal court

EIGHT: no cruel punishment, no unfair fines or bail

NINE: there are other rights too idk

TEN: ask the states about them idk idk

LAW 101 (3 decks)

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