Consitution Flashcards
The 8th amendment considers torture to be ….
Cruel and unusual
Definition of veto override:
passing a bill by a 2/3 vote in both houses of Congress overrides (cancels) a President’s veto and a bill becomes a law despite the President’s disapproval
What does the 2nd amendment guarantee
right to bear arms
informal qualifications for pres
Foreign policy sending troops without declaration of war
What was the result of the Connecticut Compromise?
2 houses in congress one based on population and the other based on equal representation for all states
What does the 3rd amendment prohibit?
quatering of soldiers
qualifictaions for pres.
35 years of age, a resident “within the United States” for 14 years, and a “natural born Citizen,”
everyday roles of pres
(1) chief of state, (2) chief executive, (3) chief administrator, (4) chief diplomat, (5) commander in chief, (6) chief legislator, (7) party chief, and (8) chief citizen
domestic tranquility
In response to Shays Rebellion and interstate conflicts over trade and crime
Provides the fed. Govt. with the authority to preserve the peace
List the qualifications of the H.R.
at least 25, been a US citizen for the last 7 years, be a citizen of the state they represent
Who has power to declare war (which branch)
congress
who are our PA senators?
Bob Casey, Jr. and Pat Toomey
of articles and # of amendments
7
27
expressed powers of pres pt 2)
- Deliver a “State of the Union” report (message).
- Convene a special session of Congress
- Receive foreign ambassadors
- Propose legislation (necessary and expedient)
- Carry out the laws passed by Congress
qualifications for senator?
at least 30 U.S. citizenship (at least nine years); and residency in the state a senator represents at time of election.
What are the differences between the Constitution and the Articles of Confederation?
- The AOC called for unicameral and the Constitution called for bicameral
- AOC called for one vote per state and the constitution called for one vote per representative/senate
- aoc had 2-7 senators and con. had 2 reps from each state
What is the line of succession?
The succession follows the order of Vice President, Speaker of the House of Representatives, President pro tempore of the Senate, and then the heads of federal executive departments who form the Cabinet of the United States.
6 principles of consitution
Popular sovereignty limited govt federalism seperation of powers checks and balances republicinism
List the expressed powers of congress.
Article I, section 8, clause 3
Regulate trade with other nations between states
Allows the laws to keep pace with technological and economical changes
( borrow money coin money tax make laws and make war )
federalism
Power shared between federal and state governments
Powers of the fed. Govt are clearly stated in article I section 10
Powers reserved to the states are found in article I in the 10th amendment
how is an amendment ratified?
by 3/4 of the state legislatures.
How many members are in the House of Representatives?
435
What was the Constitutional Convention?
- 1787, Philadelphia, to revise the Articles of Confederation
- James Madison was the father of the Constitution
which amendment gave black men the right to vote?
15
promote generalwelfare
Provide for the well-being of all the people by collecting taxes and setting aside money for programs to benefit security
Which amendment protects a person from unlawful search and seizure?
4th
expressed powers of pres (pt 3)
veto
How is the number of congressional representatives from each state determined?
under article 1 section 2
Population
How often a census must be taken, and how the information collected is used:
Census is taken every 10 years
Information determines representation in the House (which is based on population), helps in allocation of federal funds to the states, tracks population shifts over time; it is NOT used to locate and deport illegal immigrants
Currently, how many PA representatives serve?
18
why did small states accept the great compromise?
because there is one house that has equal represnetation
pres term
4 years
goals of consitution
Establish Justice Ensure domestic tranquility Provide for common defense Promote the general welfare Secure the blessings of liberty
The three branches of government, and what each branch does:
Legislative branch makes laws, executive branch enforces laws, judicial branch interprets laws
Who approves a Presidential appointment to fill a Supreme Court or Vice Presidential vacancy:
Senate approves a vacancy of the Supreme Court by a majority vote
Senate and House approve an appointment for a Vice-Presidential vacancy by a majority vote
What is a typical term limit for a federal judge?
life term
what were the first amendments called?
the bill of rights
What is the Electoral College?
The Electoral College is made up of 538 electors who cast votes to decide the President and Vice-President of the United States.
provide for common defense
Strong armed forces are important to a nation’s foreign policy
Provides congress the power to raise and support an army and navy
elastic clause
Article I, section 8, clause 18
Allowed congress to stretch its powers to pass laws to change with society
What is the formula for figuring out the number of electoral votes given to each state?
to the # of senators (2) + the # of representatives (varies by state) for that state
Review the process of how a bill becomes a law:
A majority vote in favor of the bill is needed in both houses before it is sent to the President
Upon receiving the bill, the President can sign it, veto it, or do nothing
If the President signs it or does nothing, the bill usually becomes a law
If the President has less than 10 days to act on the bill and does nothing, it is a pocket veto (not a law)
If the President vetoes a bill directly and returns it to the house that started the bill, Congress may pass the bill into law anyway with a vote of 2/3 in favor of the bill in both houses
Which amendment states that no one can be forced to say anything that would help convict him/her of a crime?
5th
what is a bill?
draft of a proposed law presented to parliament for discussion.
Strengths and weaknesses of the Articles of Confederation:
Main strength was establishment of Land Ordinances
Weaknesses: Congress had to borrow or ask states for money, there was no executive, no national court system
Be able to name the first female and the first African-American Supreme Court justices:
Sandra Day O’Connor and Thurgood Marshall
Be able to identify an expressed vs. an implied power of Congress:
Expressed (stated or enumerated) powers include: making laws, coining money, setting the standard of weights and measures, setting up post offices, issuing patents and copyrights
Implied powers include: regulating airline traffic and the Internet, establishing space travel agencies
“Necessary and proper” or elastic clause:
Clause that gives Congress the power to pass types of laws not specifically mentioned in the Constitution in order to fulfill its duties
what did the federalists support?
the consitution
secure blessings of liberty
The freedom to live as you please as long as you obey the laws and respect the rights of others
checks and balances
Each branch is to check the powers of the other branches
nj plan
One house in Congress, one vote per state
What special powers are held by the house?
initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie
Which amendment limits the number of terms served by a President?
22
repblicanism
The US states should have a republican form of govt.
Little r not the big R
Vote vs. elephant
limited govt
Fearful of tyranny, the first govt under the AOC was deliberately made too weak
Written in a Const., certain rights are guaranteed
va plan
Two houses in Congress, both based on population; lower house elects the Upper House
Who is the leader of the H.R.
Nancy Pelosi
how many senators serve the US?
100
Responsibilities of citizens
Learn about your rights Respect the rights of others Express your views Stay informed about community and national issues Vote.
Why is the 14th amendment so important?
gave African Americans equal rights
term for a senator?
6 years
How are federal judges appointed?
nominated by the President and confirmed by the United States Senate, as stated in the Constitution.
pop. sov.
Defined
The people rule through a social contract with the govt
A representative govt. In which people elect public officials in free and frequent elections
who were those not in favor of the constitution?
anti-federalists
Know what separation of powers and checks and balances are:
Separation of powers: powers of government should be divided between and given to different branches
Checks and balances: the power of one branch of government can be blocked by the power of another branch
What is the path of a case before it reaches the Supreme Court?
District court
Circuit court
Supreme Court
What is the most powerful power of the judicial branch?
Check executive and legislative branch
Which amendment abolishes slavery?
13
Responsibilities of the two houses in the impeachment process; know two impeached presidents:
House of Representatives impeaches an official (impeach=to accuse of wrongdoing)
Senate tries the impeached person; 2/3 vote in the Senate will remove the official from office
Two impeached Presidents are Andrew Johnson and Bill Clinton; neither was removed from office
how is an amendment proposed?
either by congress with a 2/3 majority vote in both the house of reps and the senate or by a constitutional convention called for by 2/3 of the state legislatures
establish justice
National courts are needed to interpret the laws
Creates one system of justice
expressed powers of pres (pt 1)
- Commander in Chief
- Appoints:
- Cabinet members
- Ambassadors
- Federal judges
- Grants pardons to persons found guilty of federal crimes (usually the last day of his last term in office).
- Make treaties with foreign nations
Who is the President of the Senate?
Orrin Hatch
President pro tempore
spertaion of powers
makes 3 branches
What is judicial review?
Established in Mabury vs. Madison by John Marshall
An interpretation of Article III, section 2
Allows the S. Court the right to decide whether a law violates the constitution
Responsibilities of citizens