Constitution Flashcards

1
Q

Why does the U.S. Constitution start with “We the people…” (2 reasons)?

A

a social contract with the people and the leader

based on the popular power

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2
Q

What Enlightenment Thinker is famous for writing about the Social Contract?

A

Jean Jacques

Rousseau

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3
Q

What is a “Social Contract”?

A

an between the people and their leader

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4
Q

What Enlightenment Thinker is famous for writing about Separation of Powers?

A

Baron de Montesquieu

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5
Q

Why did the founders want “to form a more perfect union”?

A

the Art. of Con. had multiple flaws

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6
Q

What are the six purposes for establishing the U.S. Constitution?

A

better union, establish justice, peace at home, common defense, general welfare, and secure freedom for everyone

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7
Q

What is meant by “establishing justice”?

A

fair trials and judges

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8
Q

Why did the Founders want to “establish justice”?

A

The Art of Con didn’t and created big conflicts

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9
Q

What is meant by “insure domestic tranquility”?

A

peace in the country

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10
Q

Why did the Founders want to “insure domestic tranquility”?

A

to have a more united nation = more powerful country

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11
Q

What is popular sovereignty?

A

power to the people

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12
Q

What is meant by Separation of Powers?

A

branches of gov

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13
Q

What are the three branches of government?

A

judicial
legislative
executive

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14
Q

What is the role of the Legislative Branch?

A

make law

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15
Q

What is the role of the Executive Branch?

A

enforce the laws

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16
Q

What is the role of the Judicial Branch?

A

interpret the law

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17
Q

What power was the Congress given to “provide for the common defence”?

A

to have a navy and army

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18
Q

What is meant by “promote the general Welfare”?

A

make sure the economy is good +good working condition

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19
Q

What is meant by “secure the Blessings of Liberty to ourselves and our Posterity”?

A

justice, not to be put in jail for no reason

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20
Q

Why did the Founders want to “provide for the common defence”?

A

+flaw from the art. of Con. to defend the country

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21
Q

What are the four theories of the origin of the state?

A

. force
. evolutinary
. divine right
. Social Contract

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22
Q

Which theory of the origin of the state is the United States Constitution based on?

A

Social Contract

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23
Q

What is limited government?

A

the gov doesn’t have every power

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24
Q

What are the six basic principles of the U.S. Constitution?

A
. popular sovereignty
. limited gov
. judicial review
. check & balance
. federalism
. sep of powers
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25
Q

What is federalism?

A

power divided : nation & state gov

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26
Q

What are the qualifications for becoming a Member of the House of Representatives?

A

. 25 =< yo
. 7 yrs of citizenship
. live in the state they represent

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27
Q

What are the qualifications for becoming a Senator?

A

. 30=< yo
. 9 yrs of citizenship
. live in the sated they represent

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28
Q

What are the qualifications for becoming President of the United States?

A

. 35=< yo
. natural born citizen
. live in the U.S at least 14 yrs b4 election

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29
Q

What is the term of office for the House of Representatives?

A

2 yrs

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30
Q

What is the term of office for a Senator?

A

6 yrs

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31
Q

What is the term of office for the President of the United States?

A

2 terms of 4 yrs

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32
Q

How many members of the House of Representatives?

A

435

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33
Q

How many members of the Senate?

A

100

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34
Q

How is the number of Members of the House for each state determined?

A

population size

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35
Q

How is the number of Senators from each state determined?

A

2 from each state

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36
Q

How many Members of the House does CA have today?

A

55

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37
Q

What is a census?

A

counting of people

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38
Q

How often does the United States take the census?

A

10 yrs

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39
Q

Why does the United States take the census?

A

to determine the repression for each state

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40
Q

Why is the Senate called the “House that never dies”?

A

⅓ of the senate goes for election every 2 yrs. alway hav experienced senates

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41
Q

What is “the full faith and credit” clause?

A

if the contractors made a contract in one state. They cannot escape it by going into another

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42
Q

What are enumerated powers?

A

Powers listed or numbered in the Constitution

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43
Q

What are implied powers?

A

powers that are not in the const. but are important

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44
Q

What are reserved powers?

A

powers that are not in the const. for the national gov; for state gov

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45
Q

What is “the necessary and proper” clause?

A

it gives any powers needed to carry out the listed powers.

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46
Q

What is the “elastic” clause?

A

nickname for Necessary and Proper bc the congress strict the power

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47
Q

Which power of Congress has been stretched the most?

A

interstate commerce clause

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48
Q

What are the 3 types of government that describe where the power is in a gov?

A

. unitary
. federal
. confederate

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49
Q

What are the 3 types of government that describe who has the power?

A

. democracy
. oligarchy
. monarchy

50
Q

What does impeachment mean?

A

accuse of wrong doings

51
Q

Who has the power to impeach?

A

H.O.R.

52
Q

Who acts as the jury in an impeachment trial?

A

senate

53
Q

Who is the presiding judge in an impeachment trial?

A

chief justice

54
Q

What part of the U.S. Constitution lists the powers of the Congress?

A

Art. 1, sect. 8

55
Q

Who has the power to declare war?

A

the congress

56
Q

What are the titles of the officers of the Senate?

A
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.
57
Q

Who has the power to lay and collect taxes?

A

the congress

58
Q

Who has the power to lay and collect taxes?\

A

when the const. was written, HOR was the only one who got elected directly by the people

59
Q

Who has “reserved” powers?

A

states

60
Q

Give examples of reserved powers?

A

marriage, education, alcoholic beverage, and driving laws

61
Q

What is the interstate commerce clause?

A

the power to the congress to make laws r businesses that operate >1 state

62
Q

List five of the enumerated powers.

A
  1. tax
  2. raise army and navy
  3. regulate interstate commerce
  4. coin money
  5. decade war
63
Q

Why is the U.S government entitled to have an Air Force?

A

“necessary and proper clause” or the “elastic clause”

64
Q

What are the titles of the officers of the House of Representatives?

A
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.
65
Q

Who is the President of the Senate?

A

VPOTUS

66
Q

What is a quorum?

A

% of a group who must be present for an official meeting to take place.

67
Q

How much is a member of the House of Representatives paid?

A

174,000

housing and travel allowance

68
Q

How much is a United States Senator paid?

A

174,000

housing and travel allowance

69
Q

How much is the President paid?

A

400,000

70
Q

Where do taxes bills start?

A

HOR

71
Q

What is a bill?

A

a proposed law

72
Q

Who can propose a law?

A

anyone + a sponsor

73
Q

What is a veto?

A

a rejection of a bill from the executive branch

74
Q

What is a filibuster?

A

a speech to convince the senate from voting the bill

75
Q

How can the President check the Congress?

A

the veto of a bill

76
Q

How can Congress balance the President’s veto?

A

⅔ overriding vote

77
Q

What is a pocket veto?

A

the POTUS hav a span of 10 days to sign a bill orit will automatically becomes law, unless the congress disagree

78
Q

What powers does the Constitution grant Congress that were not granted in the Articles of Confederation?

A

.tax
.maintain a navy & army
.make a court
.a militia

79
Q

Who has the power to appoint ambassadors?

A

POTUS

80
Q

Who appoints members of the cabinet?

A

POTUS

81
Q

Who approves the ambassadors and cabinet?

A

senate

82
Q

Who appoints judges?

A

POTUS

83
Q

Who approves judges?

A

senate

84
Q

How long does a judge serve?

A

for life

85
Q

Who breaks a tie in the Senate?

A

VPOTUS

86
Q

What are three roles of the President?

A

. head of state
. commander in chief
. head of the executive branch

87
Q

What is a treaty?

A

and agreement between two or more countries

88
Q

Who signs and negotiates treaties?

A

POTUS

89
Q

Who approves treaties?

A

senate

90
Q

How can an amendment to the Constitution be proposed?

A

⅔ vote in congress/ ⅔ of a constitutional con by ¾ of the states

91
Q

How can an amendment to the Constitution be ratified?

A

¾ of the states or by their legislature/ by con

92
Q

What is an amendment?

A

a change

93
Q

What does ratified mean?

A

to approve

94
Q

Who has the power to declare war?

A

congress

95
Q

What is an ambassador?

A

representative of their home country to another

96
Q

What is a cabinet member?

A

POTUS advisors

head of a gov dep.

97
Q

How many states must ratify an amendment to the Constitution?

A

¾, 38

98
Q

How is the President elected?

A

elector, r a grp chosen by each state

99
Q

How many electors are required to elect the President?

A

270

100
Q

What does adjourn mean?

A

to end a meeting

101
Q

How many electors does California have?

A

55

102
Q

How many electors does each state have?

A

the amount of the house and 2 senates

103
Q

Who is the head of the U. S. Supreme Court?

A

chief justice

104
Q

How many members are there on the U. S. Supreme Court?

A

9

105
Q

What are the first ten amendments to the US Constitution called?

A

bill of rights

106
Q

What five freedoms are listed in the first amendment?

A

religion, speech, press, assembly, petition

107
Q

What does the establishment clause mean?

A

the gov cannot have an official religion

108
Q

What does the free exercise clause mean?

A

cannot keep you from your religion

109
Q

Under what circumstances can the government use your house to quarter soldiers?

A

war

110
Q

What type of search and seizures does the fourth amendment protect you from?

A

unreasonable ones

111
Q

What is needed to get a warrant?

A

probable cause

112
Q

What is an indictment?

A

arrest warrant issued by a grand jury

113
Q

What does double jeopardy mean?

A

Cannot be tried twice for the same crime

114
Q

What does the right to due process mean?

A

fair procedures in place for arrest and trial and they must be followed for everyone

115
Q

What type of trial are we entitled to have?

A

speedy and public

116
Q

What type of jury are you entitled to have?

A

impartial

117
Q

What if you cannot afford an attorney?

A

will be provided by the gov

118
Q

When are you entitled to a jury trial?

A

criminal and civil court

119
Q

What is bail?

A

temporary release will return for their trial

120
Q

What is a fine?

A

Money paid as punishment for a crime