Constitution Flashcards
I. The Preamble:
a. Introduction of the Constitution
II. The Constitution is Based on Five Principles:
checks and balances, federalism, limited government, popular sovereignty, republicanism, and separation of powers
- Popular Sovereignty:
- Government based on the consent of the people
- Limited Government:
- Theory that the governments power is restricted
- Federalism:
- Sharing of power between state and National government
- Separation of Powers:
- Division of powers into the three branches
- Checks and Balances:
- System that allows each branch to amend or veto acts of another branch so one doesn’t have too much power
What are the three parts of the Constitution?
- The Preamble
- 7 Articles
- 27 Amendments
a. Responsibility of the Legislative Branch
Make Laws
b. bi-cameral means
Two branches
c. House of Representatives
- representation based on population
How long is a term for a member of the house?
2 year term (no limit)
Qualifications to be a member of the house:
- U.S. citizen
- 25 Years of Age
- 7 Year resident of that district and live there
Current number of people in the house:
435
Who calls these elections?
- special elections
- governor of the state
What is the head of the House called? Who is the current head?
- Speaker of the House
- Mike Johnson
What is the sole power of the house?
impeachment: formal accusation of wrong doing
d. Senate:
Representation based on the state
How long is a senate term?
6 years; 1/3 elected every 2 years “continuing body”
Senate qualifications:
- U.S. Citizen (1 year minimum)
- 30 years old
- 9 years citizen
senate representation based on?
equal representation
Who is the head of the senate?
Vice President
When does the Vice President vote in the senate?
To break ties
In the absence of the Vice President in the senate, who presided over them?
President pro tempore
Impeachment trial of President is carried out in the senate and is presided over by:
U.S. Supreme Court Chief Justice
What bills originate in the House?
Revenue/raising taxes
For a bill to become a law it must pass both houses by a majority vote, true or false?
TRUE
How many days does the president have to sign or veto a bill?
10 days
If a bill is rejected by the president, Congress can override a veto by what vote?
two/thirds
If the president holds a bill for 10 days without signing it and Congress is still in session, the bill doesn’t become a law. What is this called
Pocket Veto
F. Powers Of Congress: What are these called?
Enumerated/delegated/expressed powers
What are these enumerated/delegated powers of Congress?
- laying/collecting taxes
- pay debt/borrow money
- regulate trade
- make $$$
- establish post
- declare way
The last clause in section 8 (18) is called the elastic clause because it allows congress to:
Stretch or expand its powers
G. Powers denied in the federal government (section 9)
- Habaeus Corpus can not be suspended
- No attainder or expose facto
- No titles of nobility
H. Powers denied to the states in section 10 of article 1:
a. can’t start a treaty, alliance, or confederation
b. can’t lay imports
c. no war with other states
II. Article Two: The Executive Branch:
Enforce the laws
The executive branch is headed by who?
President and Vice President
Term of office for the president is how many years?
4 years
How is the president elected?
- through the electoral college
majority of electoral votes
Electoral votes from each state is determined by what?
- Two senators and # of reps
Qualifications to serve as President:
- Natural born U.S. citizen
- 35 Years Old
- 14 Year Resident
If the President can no longer serve, who becomes President?
The Vice President
If the President and the Vice President can no longer serve, who becomes President?
The Speaker of the House
Powers of the President include:
- Commander-in-chief during war
- Make treaties with a two/thirds of senate approval
- Pardon people convicted of federal crimes
- Nominate federal judges/supreme court justices with senate approval
Duties of the President include:
- Give a state of union address
- Veto or sign bills
- Represent our nation in talks with foreign countries
- Enforce laws congress makes
I. Impeachment
formal accusation of wrong doing
If impeached the president must? What happens if he is found guilty?
Stand trial, if found guilty they will be removed from office and may not run for re-election.
III. ARTICLE THREE- The Judicial Branch
interpret the laws
how many levels of court are there?
three, supreme, court of appeals and district courts.
Supreme Court
the highest federal court in the United States, the only one set up by the Constitution.
How many justices are on the Supreme Court?
9 justices, headed by the Chief Justice
court of appeals or appelet court
reviews cases from the lower courts
Who appoints federal court judges?
nominated by the president and confirmed by the senate
What is the only crime defined in the Constitution?
treason
how can you be found guilty of treason?
wage war against the US or aiding US enemies
Judicial Review
The power of the courts to declare laws unconstitutional
Which case established judicial review?
Marbury v. Madison
what does article IV talk about?
how the states should get along
what does article V talk about?
Amending the Constitution
what does article VI talk about?
how federalism works
what does article VII talk about?
Ratification
What does the Constitution say is the supreme law of the land?
US or federal laws
Amendment 1
Freedom of Religion, Speech, Press, Assembly, and Petition
Amendment 2
Right to keep and bear arms
Amendment 3
No housing soldiers
Amendment 4
Freedom from unreasonable searches and seizures
Amendment 5
due process, double jeopardy; self incrimination
Amendment 6
Right to a speedy and public trial
Amendment 7
Right to trial by jury
Amendment 8
No cruel and unusual punishment
Amendment 9
People’s rights are NOT limited to those in the Constitution.
Amendment 10
Any rights not given to federal government are given to the states and people.
Amendment 11
Individual cannot sue a state in a federal court.
Amendment 12
Separate ballots for President and Vice President.
Amendment 13
abolished slavery
Amendment 14
Rights of Citizens
Amendment 15
You cannot prevent a person from voting because of race/color
Amendment 16
Allows income tax
Amendment 18
Prohibition of alcohol
Amendment 19
Gave women the right to vote
Amendment 20
President takes office on January 20th instead of March 4th.
Amendment 21
Repeal of Prohibition
Amendment 22
President can only serve two terms.
Amendment 23
Washington D.C. residents can vote for president.
Amendment 25
Presidential succession
Amendment 26
Voting Age Set to 18 Years
which branch can punish pirates?
legislative
illinois senators
dick durbin and tammy duckworth
who prints $
legislative
who decides what a law means
Judicial Branch
enforces the law
executive
declares war
Legislative Branch (Congress)
branch that includes employees that work for the environmental protection agency:
executive branch
negotiates treaties with other countries
executive
branch that declares laws unconstitutional
judicial
selected by the electoral college
executive
Appoints Supreme Court Justices, federal judges, ambassadors, and cabinet members
executive
selected by popular vote
Legislative Branch
Approves presidential appointments
Legislative Branch
makes state of union speech
executive (president)
collects taxes
legislative
What is congress?
Both the house of reps AND the Senate
