Constitution Flashcards
Commerce clause
-Part of Article I section 8
-gives Congress “the power to regulate commerce among the several states”
Supremacy clause
-Part of Article VI Section 2
-States that Constitutional laws and treaties of the United States are the “supreme law of the land” and that national laws take precedence over state laws if the two conflict
necessary and proper clause
-Part of Article I section 8
-grants Congress the power to pass all laws related to its expressed powers
-also known as the elastic clause
Executive Powers Clause
-Part of Article II section 1
-states that “the executive power shall be invested in the President of the United States”
-used to justify assertions of presidential power
Article I- Legislative Branch and Congress
-longest article in the Constitution
-established criteria for holding office
-Grants Congress the ability to govern its own proceedings and establish its own rules
-grants House the sole power of impeachment and Senate the power to try impeachments
-Grants House the power to introduce new taxes
-Section 8 covers the powers of Congress
-includes limits on Congressional powers (habeas corpus, no titles of nobility or bills of attainder)
Article II- Executive Branch
-Established the Electoral College (state legislatures appoint Electors)
-Established criteria for holding presidency (only office that requires “natural born” US citizenship
-Established powers of presidency
Commander-in-chief
Create treaties and appoint officers with consent of the Senate
Call joint sessions of Congress
Execute laws and wield executive power
Article III- Judicial Branch
-States that the Supreme Court and other inferior courts will exist
Inferior courts will be established by Congress
Gives Supreme Court the original jurisdiction over cases involving ambassadors, cases between 2 states, and select other situations (Appellate jurisdiction in all other cases)
-Established lifetime appointments on “good behavior” for all federal judges
-Defines treason
What’s written into law in the Constitution reflects concerns of the time
Article IV
-Covers agreements between states
-How to bring in new states
-Full Faith and Credit and Privileges and Immunities clauses
Article V
-How to amend the Constitution
-Approval of 2/3 of a national body (convention or Congress) and 3/4 of states (legislatures or conventions)
Article VI
-Supremacy of the national government
-US government still owes debts to those it borrowed from under the AOC
Article VII
-Ratification process in outright defiance of existing law
Full Faith and Credit Clause
part of Article IV
requires that each states’ laws be respected by other states
(legal marriages in one state must be recognized across state lines)
Privileges and Immunities Clause
part of Article IV
requires that states treat non-state residents within their borders the same as their own residents
meant to promote commerce and travel between states