Constitution Test Flashcards
Name parts of the constitution
preamble, articles, amendments
Preamble:
-why it was written
-what were its goals
:introduction to the constitution
- to form a more perfect union
- Establish justice
Aritcles I, II, II create the branches of government and establish…
Article I (legislative branch)
Article II (executive branch)
Article III (judicial branch)
Popular Sovereignty
people are the source of government power
Separation of Power
each branch has their OWN responsibilities
Federalism
how gov’t SHARES responsibility (national AND state gov’t)
Checks and Balances
each of the branches has power over another (ex:Congress can make laws, but the President can veto those laws)
Judicial Review
the power of courts to declare laws/act of the president unconstitutional
Limited government
limits the power of gov’t by explicit grants of authority (ex: safe from abuse of power)
Intro to the constitution…
written in Philadelphia, intent to revise articles, James Madison (father of the constit.), 1787
Article I
-Section 1 : Congress
(Legislative Branch)
…congress is bicameral (2 houses, senate & representatives)
Article I
-Section 2 : House of Reps
(Legis. Branch)
-Clause 1: representative serves 2 yrs
-Clause 2: must be 25 yrs old, 7 yr citizen, resident of state one is selected in
-Clause 3: Reapportionment ; determines how many reps each state will have)
Article I
-Section 3 : The Senate
-Clause 1: Senator is chosen by state legislatures, 2 senators per state, 1 vote p/senator
-Clause 3: Qualifications (30 yrs old, 9yr citizen, resident of state elected in)
-Clause 4: Vice President ; president of the senate (v little power + barely seen on the floor)
-Clause 5: …
Reapportionment :
creates new districts to adjust for pop. changes. (take census every 10 yrs, congress totals # of reps. p/state, state legislature determines new district boundries)
House Officers:
-Speaker of the house
-Majority Leader
-Minority Leader
- Nancy Pelosi (3rd in line for presidency, controls discussion of the floor)
-Steny Hoyer (helps speaker & lead his party)
-Kevin McCarthy (serves as watchdog)
Article I
Section 3 : The Senate (CLAUSE 5 : House of Officers)
-President Pro Tempore
-Majority Leader
-Minority Leader
-Patrick Leahy (when VP is unavailable, 4th in line)
-Chuck Schumer (controls agenda of majority leader)
-Mitch McConnell (observer opposion)
Sunshine Law :
all meetings must be open to the public and all records (except for classified info such as details regarding a person)
Article I
Section 6 : Privileges and Restrictions
-Clause 1: Salary & benefits for members of congress (150k salary, congressional immunity [can NOT be arrested for minor crimes when traveling to/from congress], slander [say something that is NOT true –> free speech…], franking [free mail service].
Article I
Section 7 : Method of Passing Bills
-Clause 1: where do tax bills start
- ALL tax bills start at the house
Article 1
Section 8 : Powers Delegated to Congress
-Clause 1 (Why can congress collect taxes?): to pay off debts, provide defense, and provide for the common welfare
Article 1, is what branch?
Legislative Branch
Article 2, is what branch?
Executive Branch
Article 3, is what branch?
Judicial Branch
Article II
Section 1: President & Vice President
-Clause 1: president in office is 4yrs
-Clause 2: qualifications (35yrs old, 14yr president, natural born citizen) 1st 7 president were NOT natural born
Article II
Section 2 : Powers of the President
-Clause 1 (military powers): president is commander in chief, can grant pardons to criminals (federal crimes only)
Article II
Section 3 : Duties of President
~State of the Union: the president explains the condition of the country, usually in January
~MAIN JOB to see that laws are being passed faithfully
Article III
Section 1 : Federal Courts
-Clause 1 (who interprets the law); Judicial branch. (Federal judges appointed by the President and approved by the Senate)
Article III
Section 2 : Case –> SC
-Ways a case reaches the Supreme Court (original; first heard by the SC, or appellate; appealed by a lower court + most common)
Article III
Section 3 : Treason
-Clause 1 (What is treason): helping a nations enemy to carry war against your country, only crime defined in the constitution
-Clause 2 (Penalty for Tr): treason can ONLY happen during war, max penalty death, charge with espionage/sabotage/ or conspiracy during times of peacee
Article V (4) : Methods of Amendments
1st) need 2/3 of congress to PROPOSE amendment
2nd) 2/3 state legislatures ASK congress for national convention
*3/4 need to APPROVE an amendment, done by the state legis. OR a special ratifying convention
How many senators ?
100
How many representatives ?
435
How many electors ?
538 (sen+reps+3)
