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school > constitution test READ THE DESCRIPTION > Flashcards

constitution test READ THE DESCRIPTION Flashcards

note: i did not include the hazelwood, tinker, or marbury madison cases - also didn't cover the bill to law process, and only covered the basics of gerrymandering and electoral college (do it urself smh... no but fr its just rly annoying to cover in flashcards sry) CREDITS TO ME MICHELLE (AND WHOEVER WAS IN HER GROUP IM SORRY I FORGOT) SIDDHANT AADIT RAM FOR THE STUDY GUIDES WHICH I HAVE TURNED INTO THESE FLASHCARDS

1
Q

what does the judicial branch have the power to do? (name the important ones)

A
  • Apply the law with only justice in mind.
  • Have the sole power to interpret the law.
  • Have the sole power to determine the constitutionality of the law.
  • Have the sole power to apply the constitutionality of the law to individual cases.
  • Have Supreme Court Justices who serve for life.
  • Have a Supreme Court with the final word on matters of federal law.
  • Grant cert if four of nine Justices decide they should hear the case.
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2
Q

municipal courts (what do they do, etc)

A
  • misdemeanors, gross misdemeanors.
  • ability to fine people up to $5000 or a year in jail (or both).
  • violation must have occurred within the city.
  • can order anti-harassment protection orders.
  • municipal courts with populations>400,000 may be given jurisdiction over other types of cases
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3
Q

14th amendment

A

no state can make or enforce laws that deny privileges granted from being a U.S. citizen, states must grant all people within their jurisdiction equal protection (grants citizenship to all that were born/naturalized in the U.S - includes formerly enslaved)

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4
Q

us district courts

A

same as supreme court, only no jurisdiction over cases between states or concerning ambassadors.

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5
Q

what is separation of powers? (constitutional principals)

A

Dividing powers among the 3 branches of government, where the House of Representatives, the Senate, the President, and the Courts have responsibility for different things.

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6
Q

what powers does the senate have? (not shared with the house)

A
  • Confirm the President’s appointments that require consent.
  • Provide advice and consent to ratify treaties.
  • Try impeachment cases for federal officials referred to it by the House.
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7
Q

actions that violate bill of rights (name at least 3?)

A
  • First Amendment retaliation
  • Speech suppression
  • False arrest
  • False imprisonment
  • Fabrication of evidence
  • Wrongful/malicious prosecution
  • Police brutality/excessive force
  • Prisoner abuse
  • Deliberate indifference to medical necessity
  • Illegal search and seizure
  • Wrongful death
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8
Q

appeal process for different types of cases (ty sid i copy pasted lmao) (theres a very good diagram in michelle’s group’s study guide)

A

o State Municipal Court -> State Court of Appeal -> State Supreme Court ->
Federal Supreme Court
o State District Court -> State Superior Court -> State Court of Appeal -> State Supreme Court -> SCOTUS
o Federal District Court -> Federal Court of Appeals -> Federal Supreme Court
o Federal Court of Appeals (appeal from federal administrative agencies) -> SCOTUS

important thing to remember: any case where one or more states are a party, or any case involving or affecting ambassadors goes directly to supreme court

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9
Q

house representative

A

Be at least 25 years old, have been a US citizen for at least 7 years, and live in the state you represent.

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10
Q

how does the executive branch check the judicial branch?

A
  • Nominating the Supreme Court Justices, appeal court judges, and district judges who make evaluations.
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11
Q

senator

A

Be at least 30 years old, have been a US citizen for at least 9 years, and live in the state you represent.

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12
Q

third amendment

A

soldiers may not be quartered, or housed, in any house without consent of owners whether there is war or not - but in a “manner to be prescribed by law” (preference to civilian rather than military in war)

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13
Q

washington state supreme court

A
  • original jurisdiction over petitions against state officers
  • review decisions of lower courts if >$200 involved
  • direct review of certain trial court decisions as well as all death penalty cases
  • appeals
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14
Q

what powers does the house of representatives have? (not shared with the senate)

A
  • Initiate revenue bills.
  • Impeach federal officials.
  • Elect the president in the case of an Electoral College tie.
  • Approve Senate decisions to appoint the Vice President.
  • Approve Senate decisions to any treaty that involves foreign trade.
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15
Q

what is limited government? (constitutional principal)

A

A type of government where the functions and powers of authority are limited, written, and restricted to protect the rights of the individual citizens of the country.

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16
Q

second amendment

A

the right to keep/bear arms

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17
Q

fourth amendment

A

people have the right to privacy and safety in their property; search and seizure can only lawfully happen with reasonable warrants

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18
Q

sixth amendment

A

guarantees the right to speedy and public trial, trial by impartial jury, and the accused may bring witnesses and lawyer(s)

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19
Q

26th amendment

A

lowers voting age from 21 to 18

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20
Q

15th amendment

A

the democratic right of the people to vote shall not differ or be denied based on race - grants african american men the right to vote

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21
Q

first amendment

A

freedom of speech, press, peaceful assemblies, religion

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22
Q

fifth amendment

A

protects against self-incrimination, being tried twice with the same information, and people cannot be imprisoned without fair trials and procedures

23
Q

seventh amendment

A

in civil cases where disputed amount is more than 20$, the accused has a right to the jury and the jury’s fact cannot be retried

24
Q

washington state court of appeals

A

all types of civil and criminal cases - appeals from superior court(s).

25
Q

tenth amendment

A

the federal government only has powers listed in the constitution - unlisted powers are given to the states and/or the people

26
Q

how does the judicial branch check the executive branch?

A
  • Declaring Executive Orders unconstitutional.
27
Q

president (terms)

A

Elected by electoral college, 4 year-terms, maximum 2 terms (I think).

28
Q

how many people are in the house, and how does the thing work

A

435 members, 6 non votinh members, 2 year terms, represents districts of state and number of members is proportional to population

29
Q

how does the judicial branch check the legislative branch?

A
  • Declaring laws made by Congress unconstitutional.
30
Q

19th amendment

A

no person will not be allowed to vote based on gender (grants women ability to vote)

31
Q

how does filibustering work?

A
  • During a senate vote, a senator can stop a vote from taking place.
  • But a filibuster or threat to filibuster can be stopped by a nuclear/point of order.
  • It can be used by the minority party in the Senate. (only senate can filibuster)
32
Q

what powers does the vice president have?

A
  • Be ready at moment’s notice to assume the Presidency if the President is unable to perform his or her duties.
  • Serve as the President of the United States Senate.
  • Cast a deciding vote in the case of a tie in the Senate.
33
Q

how does legislative branch check the executive branch?

A
  • Implementing laws and making regulations.
  • Impeaching the president.
  • Checking the president’s choices for appointments.
  • Overriding the president’s veto power.
  • Controlling the budget.
34
Q

what is federalism? (constitutional principal)

A

A system where power is divided between the national government and the state governments and independent states are bound together in one big, nationalized government. and (i think) that the federal law is the law of the land

35
Q

scotus (supreme court of the united states)

A
  • any case involving constitution; federal laws/treaties; cases involving ambassadors, admiralty, and maritime laws; cases where U.S. is a party; cases between citizens from different states when potential damages is over $75,000; cases occurring on military bases, Indian reservations, and on federal property.
  • handles appeals from us courts of appeals and state supreme courts.
  • original jurisdiction in any case where one or more states are a party, or any case involving or affecting ambassadors goes directly to supreme court
36
Q

us courts of appeals

A

same as supreme, only no jurisdiction over cases between states or concerning ambassadors. appeals from us district courts and from federal administrative agencies.

37
Q

what powers does congress have? (shared between house and senate)

A
  • Collect taxes.
  • Borrow money and pay debts.
  • Make rules for how to become a citizen.
  • Regulate commerce trade between the states, with Native American nations, and foreign countries.
  • Establish post offices.
  • Coin money and punish counterfeiters.
  • Give patents to new inventions.
  • Create the lower federal courts.
  • Punish pirates.
  • Declare war and support an army and navy.
  • Make other laws that are “necessary and proper” to carry out above powers.
  • Make new laws or change existing laws.
  • Compel the production of evidence or testimony toward whatever end they deem necessary.
  • Declare war.
38
Q

what powers does the executive office of the president (eop) have?

A
  • Communicate the President’s message to the American people to promoting our trade interests abroad.
  • Brief the media daily on the President’s activities and agenda.
  • Advise the President on foreign policy, intelligence, and national security.
  • Maintain the White House.
  • Provide logistical support for the President.
  • Prepare sites remote from the White House for the President’s arrival.
39
Q

how does the executive branch check the legislative branch?

A
  • Vetoing the laws Congress makes.
  • Enforcing the laws that Congress makes.
  • Using the “Pocket Veto”.
40
Q

superior courts

A

-appeals from district courts
-all types of civil and criminal cases, including juvenile cases.

41
Q

what powers does the president have?

A
  • Act as the commander-in-chief of the armed forces.
  • Maintain a cabinet of advisors (There are 15 who run the executive departments)
  • Make a State of the Union address to Congress.
  • Negotiate treaties with other countries.
  • Appoint ambassadors, Supreme Court Justices, Federal court judges, and cabinets.
  • Represent the US when dealing with foreign countries.
  • Make sure laws are carried out (executed).
  • Grant pardons in all federal criminal offenses, and reprieves (postponing stuff).
  • Sign legislation into law or to veto bills enacted by Congress.
  • Use the pocket veto.
42
Q

what is cloture?

A

when the 3/5 of the senate votes to end filibustering (debate) and bring question to vote (changed from 2/3 to 3/5 in 1975)

43
Q

number for senators? terms? how to elect?

A

100 senators, 6-year terms, represents states, 2 per a state, terms are staggered so 1/3 of the Senate is up for reelection every two years.

44
Q

how does the legislative branch check the judicial branch?

A
  • Confirming the President’s nominations for judicial positions through the Senate.
  • Impeaching any of those judges and remove them from office.
45
Q

district courts

A
  • criminal jurisdiction over misdemeanors, gross misdemeanors, criminal traffic cases.
  • can hold preliminary hearings for felony cases
  • civil jurisdiction when injury <$75,000
  • jurisdiction over traffic infractions, domestic violence and anti-harassment orders, no contact orders, change of name petitions, lien foreclosures
  • Small claims division jurisdiction for up to $5,000 in damages.
46
Q

qualifications to become president

A

Be at least 35 years old, be a natural born citizen, and live in the US for at least 14 years.

47
Q

ninth amendment

A

the constitution is not a comprehensive list of every right of the citizen, and that the yet-unnamed rights are entitled to protection by the law.

48
Q

number of voters in electoral college

A

538 electors and votes, 270 needed to win (majority).

49
Q

what is a nuclear/point of order?

A

when senate majority leader declares nuclear, then 3/5 of senate must vote to be able to pass legislation with simple majority (>1/2)

50
Q

what powers does the cabinet have?

A
  • Be the heads of the 15 executive departments.
  • Be appointed by the President and confirmed by the Senate.
  • Be the President’s closest confidants.
  • Have a spot in the Presidential line of succession- after the VP, Speaker of the House, and President pro tempore, it continues with the Cabinet offices in order of when the departments were created with the oldest coming first.
  • Take the title of “Secretary,” except for the head of the Justice Department, who is the “Attorney General.”
51
Q

13th amendment

A

abolishes slavery and involuntary servitude, but still fine as a punishment for a crime

52
Q

what are checks and balances? (constitutional principal)

A

A structure that gives each of the three branches of government some oversight and control over the actions of the other branches.

53
Q

eighth amendment

A

protects from excessive bail, excessive fines, and unusual/cruel punishments

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