Exam 2 Flashcards
25th amendment
Ratified in 1967 after death of JFK
Details the steps for presidential succession in the case of presidential disability with mental and cognitive abilities
What does it mean when someone “takes the fifth”
they will not testify against themselves in a trial. They don’t have to answer a question if it might incriminate them
Article I
Legislative Branch
House of Rep Rep’s rules
Elected every two years
- Must be 25
Amount of representatives from each state depends on population size
- LA has 6 (used to have 7 before Katrina)
Senator’s rules
Elected every 6 years
- must be 30 years old
Every state has 2 senators
Who holds impeachment powers?
The house has the power to impeach.
The senate holds trial of impeachment.
Who are Louisiana’s senators?
Bill Cassidy and John Kennedy
Who is Lafayette’s Congressional representative?
Clay Higgins
Are there term limits for congress
No
Are there term limits for congress
No
Electoral College is made up of
(435 from the house + 3 from DC)
and 100 senators
538 total
Section 8 of article one covers:
rules of naturalization (immigration issue)
Commerce Clause: regulation of interstate commerce and commercial activities among states
Coinage of money
Establish federal courts below supreme
Congress powers to promote science and arts
NECESSARY AND PROPER CLAUSE: How congress enforces the laws (administrative agencies)
Article II
Executive Branch
Federalism
Federal government has limited power (or so they say)
Articles were made to
Balance each other out
- system of checks/balances
- co-equal branches of government
President elects Supreme Court judge, but it has to be voted on by the
Senate
Is judicial review actually in the constitution?
No
Filibuster. Why do the democrats want to get rid of it?
It normally requires senate 60 votes to pass a bill. If they git rid of filibuster, it will only require 51 votes to pass bills.
Invasion (section 4 of Article 4)
- border invasion
- electronic invasion
- millions illegally crossing northern and southern border unchecked for COVID or vaxed
Article V
Creates the amendments (very hard to do)
Article VI
Constitution and US laws are “SUPREME LAW OF THE LAND” except for in sanctuary cities/states
Biden vs Nebraska
6-3 majority to overturn president Biden’s executive order forgiving student loan debt as a violation of the separation of powers doctrine
West Virginia vs EPA
6-3 majority ruling that EPA did not have proper congressional authority to regulate greenhouse gas emissions.
The EPA overstepped their bounds
This limited the effect of administrative agencies on our society
COMMERCE CLAUSE
Allows fed gov to regulate interstate commerce within a state
Allows fed gov to regulate commerce within a state (as long as that business affects more than 1 state
Allows for the expansion of fed gov regulatory powers
Gibbons vs Ogden
1824 Supreme Court ruled that states cannot, by legislative enactment interference with congress power to regulate interstate commerce
Wickard vs Filburn 1942
An activity that does not need to have a direct effect on interstate commerce to fall within the commerce power, as long as the effect is substantial and economic
Heart of Atlanta Motel vs United States 1964
Ruled that the Federal Civil Rights Act of 1964 forbade racial discrimination in hotels, motels, restaurants, etc. This became part of the commerce clause powers
1st Amendment
“Free Speech” Clause
- right to peacefully assemble and freely associate also