Constitution Flashcards
Why does the U.S. Constitution start with “We the people…” (2 reasons)?
a social contract with the people and the leader
based on the popular power
What Enlightenment Thinker is famous for writing about the Social Contract?
Jean Jacques
Rousseau
What is a “Social Contract”?
an between the people and their leader
What Enlightenment Thinker is famous for writing about Separation of Powers?
Baron de Montesquieu
Why did the founders want “to form a more perfect union”?
the Art. of Con. had multiple flaws
What are the six purposes for establishing the U.S. Constitution?
better union, establish justice, peace at home, common defense, general welfare, and secure freedom for everyone
What is meant by “establishing justice”?
fair trials and judges
Why did the Founders want to “establish justice”?
The Art of Con didn’t and created big conflicts
What is meant by “insure domestic tranquility”?
peace in the country
Why did the Founders want to “insure domestic tranquility”?
to have a more united nation = more powerful country
What is popular sovereignty?
power to the people
What is meant by Separation of Powers?
branches of gov
What are the three branches of government?
judicial
legislative
executive
What is the role of the Legislative Branch?
make law
What is the role of the Executive Branch?
enforce the laws
What is the role of the Judicial Branch?
interpret the law
What power was the Congress given to “provide for the common defence”?
to have a navy and army
What is meant by “promote the general Welfare”?
make sure the economy is good +good working condition
What is meant by “secure the Blessings of Liberty to ourselves and our Posterity”?
justice, not to be put in jail for no reason
Why did the Founders want to “provide for the common defence”?
+flaw from the art. of Con. to defend the country
What are the four theories of the origin of the state?
. force
. evolutinary
. divine right
. Social Contract
Which theory of the origin of the state is the United States Constitution based on?
Social Contract
What is limited government?
the gov doesn’t have every power
What are the six basic principles of the U.S. Constitution?
. popular sovereignty . limited gov . judicial review . check & balance . federalism . sep of powers
What is federalism?
power divided : nation & state gov
What are the qualifications for becoming a Member of the House of Representatives?
. 25 =< yo
. 7 yrs of citizenship
. live in the state they represent
What are the qualifications for becoming a Senator?
. 30=< yo
. 9 yrs of citizenship
. live in the sated they represent
What are the qualifications for becoming President of the United States?
. 35=< yo
. natural born citizen
. live in the U.S at least 14 yrs b4 election
What is the term of office for the House of Representatives?
2 yrs
What is the term of office for a Senator?
6 yrs
What is the term of office for the President of the United States?
2 terms of 4 yrs
How many members of the House of Representatives?
435
How many members of the Senate?
100
How is the number of Members of the House for each state determined?
population size
How is the number of Senators from each state determined?
2 from each state
How many Members of the House does CA have today?
55
What is a census?
counting of people
How often does the United States take the census?
10 yrs
Why does the United States take the census?
to determine the repression for each state
Why is the Senate called the “House that never dies”?
⅓ of the senate goes for election every 2 yrs. alway hav experienced senates
What is “the full faith and credit” clause?
if the contractors made a contract in one state. They cannot escape it by going into another
What are enumerated powers?
Powers listed or numbered in the Constitution
What are implied powers?
powers that are not in the const. but are important
What are reserved powers?
powers that are not in the const. for the national gov; for state gov
What is “the necessary and proper” clause?
it gives any powers needed to carry out the listed powers.
What is the “elastic” clause?
nickname for Necessary and Proper bc the congress strict the power
Which power of Congress has been stretched the most?
interstate commerce clause
What are the 3 types of government that describe where the power is in a gov?
. unitary
. federal
. confederate
What are the 3 types of government that describe who has the power?
. democracy
. oligarchy
. monarchy
What does impeachment mean?
accuse of wrong doings
Who has the power to impeach?
H.O.R.
Who acts as the jury in an impeachment trial?
senate
Who is the presiding judge in an impeachment trial?
chief justice
What part of the U.S. Constitution lists the powers of the Congress?
Art. 1, sect. 8
Who has the power to declare war?
the congress
What are the titles of the officers of the Senate?
President of the Senate President Pro-tempore of the Senate Majority Leader of the Senate Majority Whip of the Senate. Minority Leader of the Senate. Minority Whip of the Senate.
Who has the power to lay and collect taxes?
the congress
Who has the power to lay and collect taxes?\
when the const. was written, HOR was the only one who got elected directly by the people
Who has “reserved” powers?
states
Give examples of reserved powers?
marriage, education, alcoholic beverage, and driving laws
What is the interstate commerce clause?
the power to the congress to make laws r businesses that operate >1 state
List five of the enumerated powers.
- tax
- raise army and navy
- regulate interstate commerce
- coin money
- decade war
Why is the U.S government entitled to have an Air Force?
“necessary and proper clause” or the “elastic clause”
What are the titles of the officers of the House of Representatives?
Speaker of the House President Pro-tempore of the House Majority Leader of the House Majority Whips of the House Minority Leader of the House Minority Whips of the House.
Who is the President of the Senate?
VPOTUS
What is a quorum?
% of a group who must be present for an official meeting to take place.
How much is a member of the House of Representatives paid?
174,000
housing and travel allowance
How much is a United States Senator paid?
174,000
housing and travel allowance
How much is the President paid?
400,000
Where do taxes bills start?
HOR
What is a bill?
a proposed law
Who can propose a law?
anyone + a sponsor
What is a veto?
a rejection of a bill from the executive branch
What is a filibuster?
a speech to convince the senate from voting the bill
How can the President check the Congress?
the veto of a bill
How can Congress balance the President’s veto?
⅔ overriding vote
What is a pocket veto?
the POTUS hav a span of 10 days to sign a bill orit will automatically becomes law, unless the congress disagree
What powers does the Constitution grant Congress that were not granted in the Articles of Confederation?
.tax
.maintain a navy & army
.make a court
.a militia
Who has the power to appoint ambassadors?
POTUS
Who appoints members of the cabinet?
POTUS
Who approves the ambassadors and cabinet?
senate
Who appoints judges?
POTUS
Who approves judges?
senate
How long does a judge serve?
for life
Who breaks a tie in the Senate?
VPOTUS
What are three roles of the President?
. head of state
. commander in chief
. head of the executive branch
What is a treaty?
and agreement between two or more countries
Who signs and negotiates treaties?
POTUS
Who approves treaties?
senate
How can an amendment to the Constitution be proposed?
⅔ vote in congress/ ⅔ of a constitutional con by ¾ of the states
How can an amendment to the Constitution be ratified?
¾ of the states or by their legislature/ by con
What is an amendment?
a change
What does ratified mean?
to approve
Who has the power to declare war?
congress
What is an ambassador?
representative of their home country to another
What is a cabinet member?
POTUS advisors
head of a gov dep.
How many states must ratify an amendment to the Constitution?
¾, 38
How is the President elected?
elector, r a grp chosen by each state
How many electors are required to elect the President?
270
What does adjourn mean?
to end a meeting
How many electors does California have?
55
How many electors does each state have?
the amount of the house and 2 senates
Who is the head of the U. S. Supreme Court?
chief justice
How many members are there on the U. S. Supreme Court?
9
What are the first ten amendments to the US Constitution called?
bill of rights
What five freedoms are listed in the first amendment?
religion, speech, press, assembly, petition
What does the establishment clause mean?
the gov cannot have an official religion
What does the free exercise clause mean?
cannot keep you from your religion
Under what circumstances can the government use your house to quarter soldiers?
war
What type of search and seizures does the fourth amendment protect you from?
unreasonable ones
What is needed to get a warrant?
probable cause
What is an indictment?
arrest warrant issued by a grand jury
What does double jeopardy mean?
Cannot be tried twice for the same crime
What does the right to due process mean?
fair procedures in place for arrest and trial and they must be followed for everyone
What type of trial are we entitled to have?
speedy and public
What type of jury are you entitled to have?
impartial
What if you cannot afford an attorney?
will be provided by the gov
When are you entitled to a jury trial?
criminal and civil court
What is bail?
temporary release will return for their trial
What is a fine?
Money paid as punishment for a crime
