Constitution Test Flashcards
- Define judicial review.
The power of the supreme court to determine the constitutionality of a law
- Which branch of government makes the laws?
Legislative
- Which branch of government enforces the laws?
Executive
- Which branch of government decides if a law is constitutional?
Judicial
- Which house of Congress impeaches the president?
The House of Representatives
- Which house of Congress serves as the jury for the impeachment of the president?
The Senate
- Which branch of government can declare war?
Both the House and the Senate can declare war
- What are the two houses that make up Congress?
The Senate
The House of Representatives
- How can the president check the powers of Congress?
The president can check congress by vetoing or rejecting a law. The veto power is balanced by the power congress has to override the veto by a two-thirds vote of each house.
- How can Congress check the power of the president?
The president can propose legislation; Congress can amend and block legislation.
The president can submit the annual budget; Congress can amend and block the budget.
The president can veto legislation; Congress can override the veto.
- Which branch has the power to ratify treaties?
The Constitution gives to the Senate the sole power to approve, by a two-thirds vote, treaties negotiated by the executive branch. The Senate does not ratify treaties.
- Which branch has the power to negotiate treaties?
The Constitution gives to the Senate the sole power to approve, by a two-thirds vote, treaties negotiated by the executive branch. The Senate does not ratify treaties.
- The principle that divides power among the legislative, executive, and judicial branches is known as?
Separation of Powers
- In which body of Congress must revenue bills originate?
The House of Representative
- Which body of Congress approves all presidential appointments and treaties?
The Senate has the sole power to confirm those of the President’s appointments that require consent, and to ratify treaties.
16.How many judges sit on the US Supreme Court? Who decides this number?
Decided by Congress, the House and the Senate, 9
- The president’s group of advisors is called?
The Cabinet
- What is the order of presidential succession (know at least the first 5)?
Vice President, Speaker of the House, President Pro Tempore of the Senate, Secretary of State, Secretary of Treasury
- Who is the presiding officer of the Senate?
Vice President
- What is the purpose of a conference committee?
A conference committee is a temporary, ad hoc panel composed of House and Senate conferees formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are used to resolved big differences on major or controversial legislation.
- Define ex post facto law.
a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed.
- List the federal court system in order of precedence from highest to lowest.
Supreme Court of the United States (final level of appeal in the ) federal system)
U.S. Courts of Appeals
District Courts
- What is the Senate vote needed to convict on impeachment charges?
Majority vote - two thirds vote
- Acting in the role of Chief Diplomat, what role does the president do?
Conducting foreign policy is one of the president’s main roles as chief diplomat
- Define enumerated powers.
Powers are specifically granted to the federal government in Article I, Section 8 of the Constitution. This includes the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office.
- Who is responsible for setting the president and Congress’ salary?
Congress sets it own pay - Congress’ ability to raise or lower it’s own salary is circumscribed by the checks and balances of the normal legislative process.
The Congress determines the President’s pay - this does not increase or decrease within their four years or more in office.
- Which branch of government which includes the Attorney General?
Executive Branch
- Who has the power to command the armed forces?
The President
- Who has the power to introduce bills?
Anyone can write them, but only member of Congress can introduce them. Some are introduced at the request of the President.
- How is it determined how many representatives a state has in the House of Representatives?
“Appointment” is the process of dividing the 435 memberships, or seats, in the House of Representatives among the 50 states.
- Define elastic clause.
Granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
- Who has the power to issue pardons?
The President
- Who is required by the Constitution to give the State of the Union address?
The President
- What is a writ of certiorari?
To be more fully informed - a type of writ, meant for rare use, by which an appellate court decides to review a case at its discretion.
- What is a brief in relation to the Supreme Court?
A written argument submitted to the court
- What is a dissenting opinion? Why is it written?
A dissenting opinion is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgement.
- How does the Supreme Court shape public policy?
overturning laws
- What influences the decisions of the Supreme Court?
Relevance, materiality, and weight of the evidence given by witnesses during trial proceedings.
- What is precedent?
Allows previous court decisions to stand.
