Constitution Test Flashcards
First Amendment
No establishment of religion
Freedom of speech, press, assembly, or petition
Second amendment
Right to bear arms
Third amendment
No quartering of soldiers in peacetime without the consent of the owner
No quartering of soldiers in war without legal permission
Fourth Amendment
Protection from unreasonable searches and seizures
Fifth Amendment
Has to be enough evidence proven by a grand jury to be tried
Protection from double jeopardy
Protection from self-incrimination
Requirement of due process of law - know about every aspect of trial
Eminent domain - Private property cannot be taken without just compensation
Sixth amendment
Right to speedy and public trial
Right to an impartial jury
Right to be informed of charges and hear witnesses
Right to a lawyer
Seventh Amendment
Trial by jury provided for civil suit cases in excess of twenty dollars
Eight Amendment
No excessive bail or fines, no cruel or unusual punishments
Ninth Amendment
The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retain by the people.
Tenth Amendment
Powers not delegated to national government, nor prohibited to the states, are given to the states or the people.
Federalism
The distribution of power in the government between a central authority and states
Delegated powers
Powers given to the national government
Concurrent Powers
Powers given to both the states and national government
Reserved powers
Powers given to the states
Implied powers
Powers granted to the federal government through the elastic clause (powers not originally written in the constitution)
List of Powers delegated only to the national government
Declare war, maintain armed forces, regulate interstate and foreign trade, admit new states, establish post offices, set standard weights and measures, coin money, establish foreign policy, make all laws necessary and proper for carrying out delegates powers
List of Powers shared with state and federal government
Maintain law and order, levy taxes, borrow money, charter banks, establish courts, provide for public welfare
List of Powers only delegated to state
Establish and maintain schools, establish local governments, regulate business within the state, make marriage laws, provide for public safety, assume other powers not delegated to the national government are prohibited to the states
Representatives and Senators term lengths and qualifications
Representatives are elected every two years, they must be a citizen for 7 years and 25 years old
Senators terms are 6 years they must be 30 and a citizen for 9 years
Leader of House
Speaker of the House
Leader of Senate
Vice President
Where do spending bills have to start?
The house
Immunity
Congressional members cannot be arrested during the passing of a bill
Naturalization
Becoming a citizen
Letters of Marque
Makes someone or something a member of the military
Special powers of the house
Power to impeach,
Special powers of the senate
Acts as the court for the impeachment trial
Powers of congress
Needs 2/3 vote, tax people, borrow money, foreign commerce, deal with citizenship, coin money, post offices, roads, protects patents, declare war, support the army and make any laws that are necessary and proper
Qualifications for president
Must be born in the US, must be 35 years old and a resident for 14 years
How many electors per state?
It is equal to the number of senators and representatives for that state
What happens if there is no majority of electoral votes?
The votes gets passed to the house where each state will get one vote and the person with the majority is chosen
Presidential powers
Power to pardon any offenses against the United States, make treaties if 2/3 of senate too, appoint official officers, fill any open position s that occur during the recess of the senate, create a time of adjournment to resolve any conflicts between the houses
Qualifications to be justice
NONE
Term lengths for justices
Life
Court structure
No structure besides the chief justice who is the head
Full Faith and Credit Clause
If you are recognized in one state, you are in all others as well.
Extradition
States will send criminals back to their own state to be tried
Restrictions on admission of new state
Cannot be separatists form established states or alliance of states unless otherwise approved by congress
Role of national government to protect the states
Protects the control of a republican democracy and domestic violence from other countries
What are the two ways to pass a constitutional amendment?
- 2/3 of house and senate have to agree to propose an amendment. It would then have to be ratified by legislators of at least 75% of states.
- A constitutional convention organized by 2/3 of state legislatures then ratified by 3/4 of states.
Supremacy clause
Federal laws take precedence over state laws
Political member oaths
Political members must take an oath to the constitution but not a religious test
Debts of articles of confederation
assumed by the new government
In Article VII, how many states does it take to ratify the constitution?
9 out of the 13 states (RI was the only one who didnt)
What are conventions?
States choose representatives to send to ratify the constitution
Illinois Constitution Bill of Rights
Rights listed in constitution plus….
- Search and seizure includes communications without warrant
- Right to be in court in person
- Rights for crime victims to be at trial and receive info
- No discrimination of race/gender/sex for rental or sale of property
- ERA for women
Illinois Constitution powers of the state
Separation of branches
Enumerated powers do not limit government powers (implied)
Illinois Constitution: Voting qualifications?
Must be 18, lived in the state for 30 days
Illinois Constitution: How many legislative districts are there?
59
Illinois Constitution: How many representative districts are there?
118
Illinois Constitution: Structure of the Legislature
Each legislative district will elect one senator and will be divided into two representative districts that each will elect one representative
Illinois Constitution: Requirements to run for Legislature
21 years of age, resident of district for 2 years and a US citizen
Illinois Constitution: Senate terms
Rotating schedule:
- 4,4,2
- 4,2,4
- 2,4,4
Illinois Constitution: Representative terms
Two years
Illinois Constitution: When are election districts redrawn? Who draws them?
The year following the decennial year by the General Assembly
Illinois Constitution: Leader of House of Representatives
Speaker of the House
Illinois Constitution: Leader of Senate
President of Senate
Illinois Constitution: How can the assembly override a veto from the governor?
3/5th of majority in each house
Illinois Constitution: Duties of Governor
Nominates and appoints officers, remove any officer for just reasons, reorganize executive agencies, pardon
Illinois Constitution: Duties of the Lt. Gov
Delegated by the governor
Illinois Constitution: Duties of Attorney General
Represents the state in legal matter and handles consumer protection
Illinois Constitution: Duties of Secretary of State
Maintain official records of acts and those shall be available by public
Illinois Constitution: Duties of Comptroller
Maintains central fiscal accounts and order payments of actual checks out of funds
Illinois Constitution: Duties of Treasurer
Safekeeping and investment of monies and securities deposited to him
Illinois Constitution: How are judges elected?
BY THE PEOPLE
Illinois Constitution: Terms of office for Supreme/Appellate, Circuit, and Associate Courts
Supreme/Appellate: 10 years
Circuit: 6
Associate: 4
Illinois Constitution: Requirements to be judge
Must be a licensed IL attorney-at-law, resident of judicial election district and US citizen
Illinois Constitution: How can citizens create local laws?
Initiative and Referendum Process
How many counties in IL?
102
Illinois Constitution: How is the Auditor General elected? Term length?
3/5th vote from both houses, 10 year term
Illinois Constitution: Powers of Taxation
Property, nonproperty, income, sales
Illinois Constitution: What to political candidates have to publish before elected?
Statement of their economic interest
Illinois Constitution: Constitutional amendments passing
3/5 of the general assembly and majority of citizens