Constitution Flashcards

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1
Q

Commerce clause

A

-Part of Article I section 8
-gives Congress “the power to regulate commerce among the several states”

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2
Q

Supremacy clause

A

-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

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3
Q

necessary and proper clause

A

-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

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4
Q

Executive Powers Clause

A

-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

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5
Q

Article I- Legislative Branch and Congress

A

-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)

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6
Q

Article II- Executive Branch

A

-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

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7
Q

Article III- Judicial Branch

A

-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

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8
Q

Article IV

A

-Covers agreements between states
-How to bring in new states
-Full Faith and Credit and Privileges and Immunities clauses

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9
Q

Article V

A

-How to amend the Constitution
-Approval of 2/3 of a national body (convention or Congress) and 3/4 of states (legislatures or conventions)

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10
Q

Article VI

A

-Supremacy of the national government
-US government still owes debts to those it borrowed from under the AOC

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11
Q

Article VII

A

-Ratification process in outright defiance of existing law

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12
Q

Full Faith and Credit Clause

A

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)

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13
Q

Privileges and Immunities Clause

A

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

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