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flashcards for the constitution test

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1
Q

why does the us constitution start with “we the people…” (2 reasons)?

A

it is a social contract between the ppl and their leaders. It is based on popular sovereignty.

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2
Q

what enlightenment thinker is famous for writing abt the social contract?

A

jean jacques rousseau

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3
Q

what is a social contract?

A

an agreement between the ppl and their leaders.

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4
Q

what enlightenment thinker is famous for writing abt separation of powers?

A

Baron de Montesquieu

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5
Q

why did the founders want to form a more perfect union?

A

bc the articles of confederation had many problems and wasn’t working.

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6
Q

what are the 6 purposes for establishing the us constitution

A

to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity.

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7
Q

what is meant by establishing justice?

A

to have a court system and judges that are fair.

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8
Q

why did the founders want to establish justice?

A

bc the AOC had no national courts and it caused problems.

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9
Q

what is meant by insure domestic tranquility?

A

to make sure there is peace inside the country.

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10
Q

why did the founders want to insure domestic tranquility

A

so there wouldn’t be riots or rebellions in the country. like Shay’s rebellion.

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11
Q

what is popular sovereignty?

A

power to the ppl

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12
Q

what is meant by separation of powers

A

there are 3 branches of government each w different roles.

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13
Q

what are the 3 branches of government

A

legislative branch
executive branch
judicial branch

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14
Q

what is the role of the legislative branch

A

the legislative branch makes the laws

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15
Q

what’s the role of the executive branch

A

enforces laws

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16
Q

what is the role of the judicial branch

A

interprets the laws

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17
Q

what power was the congress given to provide for common defense

A

power to maintain army and a navy.

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18
Q

what is meant by promote the general Welfare

A

to make sure the economy is good. Everyone has good working conditions

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19
Q

what is meant by secure the blessings of liberty to ourselves and our posterity

A

to make sure everyone for all time will not be put in in jail for no reason

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20
Q

why did the founders want to provide for the common defense

A

under the AOC there was no national army and they were unable to make the british leave the forts in the ohio valley as was promised.

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21
Q

what are the four theories of the origin of the state

A

force theory
evolution theory
divine right theory
social contract

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22
Q

which theory of the origin of the state is the united states construction based on

A

social contract theory

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23
Q

why is limited government

A

government which is not all powerful

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24
Q

what are the 6 basic principles of the US constitution

A

popular sovereignty, limited government, judicial review, checks and balances, federalism, separation of power

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25
Q

what is federalism

A

power divided between the national and state governments

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26
Q

what’re the qualifications for becoming a member of the house of representatives

A

25+ years old
7 years as a citizen
live in state they represent

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27
Q

what’re the qualifications for becoming senator

A

30 or more years old
9 years of being a citizens
live in state they represent

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28
Q

what’re the qualifications for becoming president of the US

A

35 or more years old
natural born citizen
live in US for last 14 years

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29
Q

what’s the term of office got the HOR

A

2 yes

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30
Q

what is the term of office for senator

A

6 years

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31
Q

what is the term of office for the president of the United States

A

4 years

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32
Q

how many members of the house of representatives

A

435

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33
Q

how many members of the senate

A

100

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34
Q

how is the number of members of the house for each state determined

A

by population size

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35
Q

how is the numbers of senators from each state determined

A

2 from each state

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36
Q

how many members of the house of CA have today

A

55

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37
Q

what is a census

A

counting of the ppl

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38
Q

how often does the US take the census

A

10 years

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39
Q

why does the US take the census

A

to determine the representation for each state

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40
Q

why is the senate called the house that never dies

A

1/3 of the senate is up for election every 2 years therefore they always have senators who have some experience

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41
Q

what is the full faith and credit clause

A

if 2 ppl make a contract in one state, they can’t get out of it by going to a different state

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42
Q

what are enumerated powers

A

powers listed or numbered in the constitution

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43
Q

what are implied powers

A

powers not written in the constitution but are suggested by the powers that are written

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44
Q

what are reserved powers

A

powers granted in the constitution to the national government so they are state powers

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45
Q

what is the necessary and proper clause

A

at the end of the list of powers given to the congress in the constitution it gives any power needed to carry out the listed powers

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46
Q

what is the elastic clause

A

the nickname for the Necessary and Proper clause bc it allows congress to stretch the powers given to them

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47
Q

which power of congress has been stretched the most

A

the most elastic power of congress has been the interstate commerce clause

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48
Q

what are the 3 types of government that describe where the power is in a government?

A

unitary federal confederate

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49
Q

What are the three types of government that describe who has the power?

A

Democracy, oligarchy, and monarchy

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50
Q

What does impeachment mean

A

To accuse of wrongdoing

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51
Q

Who has the power to impeach

A

The house of representatives

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52
Q

Who acts as the jury in an impeachment trial

A

The Senate

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53
Q

Who is the presiding judge in an impeachment trial

A

The chief justice

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54
Q

What part of the US constitution list the powers of the Congress

A

Article 1 section 8

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55
Q

Who has the power to declare war

A

The congress

56
Q

what are the titles of the officers of the senate

A

President of the Senate, president pro tem poor of the Senate, majority leader of the Senate, majority whip of the Senate, minority leader of the Senate, minority whip of the Senate

57
Q

Who has the power to lay and collect taxes

A

Congress

58
Q

why Must all tax laws originate in the House of Representatives

A

Because at the time of the Constitution was written by the house what is the only part of the government elected directly by people

59
Q

Who has reserved powers

A

The states

60
Q

Give examples of the reserved powers

A

Marriage, education, alcoholic beverage, and driving laws

61
Q

What is the interstate commerce clause

A

It gives Congress power to make laws for businesses that operate in more than one state

62
Q

List five of the enumerated powers

A

Power to tax, raise an army and navy, regulate interstate commerce, to coin money, and to declare war

63
Q

Why is the US government entitled to have an Air Force

A

Because of the necessary and proper clause or the elastic clause

64
Q

What are the titles of the officers of the house of representatives

A

Speaker of the house, president pro temp or of the house, majority leader of the house, majority whip of the house, Minority leader of the house, and minority whip of the house

65
Q

Who is the president of the Senate

A

The vice president of the United States

66
Q

What is a quorum

A

The percentage of a group who must be present for an official meeting to take place

67
Q

How much is a member of the house of representatives payed

A

$174,000 a year plus a housing and travel allowance

68
Q

How much does the president paid

A

$400,000

69
Q

where did taxes bills start

A

In the house of representatives

70
Q

What is a bill

A

A proposed law

71
Q

Who can propose a law

A

Anyone as long as a member of Congress sponsor is it

72
Q

What is a veto

A

Rejection especially of a bill by the executive branch

73
Q

What is a filibuster

A

A speech that goes on and on an attempt to keep the Senate from voting on a bill

74
Q

How can the president check the congress

A

With the veto of a bill

75
Q

How can the congress balance the presidents veto

A

By overriding out with a 2/3 vote

76
Q

What is a pocket veto

A

The president has 10 days to sign a bill or it becomes a law without his signature unless the Congress has adjourned, Then it is an automatic VEtO

77
Q

What powers does the constitution grants Congress that we’re not granted in the articles of confederation

A

Power to tax, maintain an army and the Navy, make court, maintain a militia

78
Q

Who has the power to appoint ambassadors

A

president

79
Q

Who appoints members of the cabinet

A

President

80
Q

Who approves the ambassadors in Cabinet

A

Senate

81
Q

who appoint the judges

A

president

82
Q

Who approves the judges

A

The Senate

83
Q

How long does a judge serve

A

For life

84
Q

Who breaks the tie in the Senate

A

The vice president

85
Q

What are three rolls of the president

A

Head state, commander-in-chief, and head of the executive branch

86
Q

What is a treaty

A

In agreement between two or more countries

87
Q

Who signs and negotiates treaties

A

President

88
Q

Who approves treaties

A

senate

89
Q

How can an amendment to the constitution be proposed

A

By a 2/3 vote in Congress or by a 2/3 vote of a constitutional convention called for by 3/4 of the state

90
Q

How can an amendment to the constitution be ratified

A

By 3/4 of the state either by the legislature or by convention

91
Q

What is an amendment

A

change

92
Q

what does rarified mean

A

to approve

93
Q

who has power to declare war

A

congress

94
Q

What is an ambassador

A

A person who represents their home country to another country

95
Q

What is a cabinet member

A

Adviser to the president and head of government department

96
Q

How many states must ratify an amendment to the constitution

A

3/4 of the state so right now that is 38 states

97
Q

how is the president elected

A

By electors or a group of people chosen by each state

98
Q

How many electors are required to elect the president

A

Presently 270

99
Q

What does adjourn mean

A

To end a meeting

100
Q

How many electors does California have

A

55

101
Q

How many electors does each state have

A

The number of members of the house they have +2 senators

102
Q

Who is the head of the US Supreme Court

A

The chief justice

103
Q

How many members are there on the US Supreme Court

A

Presently nine

104
Q

What are the first 10 amendments to the US constitution called

A

The bill of rights

105
Q

What five freedoms are listed in the first amendment

A

Freedom of religion, speech, press, assembly, and petition

106
Q

What does establishment clause mean

A

The government may not make a note official religion of the USA

107
Q

What does the free exercise clause mean

A

The government cannot keep you from doing something your religion requires

108
Q

under what circumstances can the government use your house to quarter soldiers

A

During war as said in the law

109
Q

What type of search and seizures does the fourth amendment protect you from

A

Unreasonable searches and seizures

110
Q

What is needed to get a warrant

A

probable cause

111
Q

What is an indictment

A

An arrest warrant issued by a grand jury

112
Q

What does double Jeopardy mean

A

Cannot be tried twice for the same crime

113
Q

What does the right to due process mean

A

There must be for your procedures in place for arrest and trial and they must be followed for everyone

114
Q

What type of trial are we entitled to have

A

Speedy and public trial

115
Q

What type of jury are you entitled to have

A

Impartial jury

116
Q

What if you cannot afford an attorney

A

And attorney will be provided by the government

117
Q

When are you entitled to jury a trial

A

In both criminal and civil court

118
Q

What is bail

A

The temporary release of the accused on the promise they will return for their trial

119
Q

What is a fine

A

Money is paid as punishment for crime

120
Q

What types of bail and fines are prohibitive

A

Excessive

121
Q

What types of punishment or prohibited

A

Cruel or unusual

122
Q

What is one right you have that is not specifically written in the constitution

A

The right to privacy

123
Q

What is a natural born citizen

A

A person born is the USA is a citizen from birth

124
Q

Who does the due process clause apply to

A

National and state governments

125
Q

What groups were given the right to vote in amendments

A

People of color, women, poor people, residents of Washington DC, and 18-year-olds

126
Q

What types of taxes are made legal by the 16th amendment

A

income taxes

127
Q

how are US senators chosen

A

direct vote of the ppl in their state

128
Q

What is the definition of a repeal

A

To undo a law

129
Q

The 21st amendment repealed the 18th amendment what is their subject

A

Manufacture and sale of alcohol

130
Q

How many times can a president be elected

A

Twice

131
Q

What is the longest time a person can be president

A

10 years

132
Q

What is the equal protection clause

A

Everyone must be treated equally under the law

133
Q

What must happen before senators and representatives get a raise

A

There must be an election

134
Q

How many amendments were proposed for the bill of rights

A

12

135
Q

What is the line of succession

A

Vice president, speaker of the house, president pro temp or of the Senate, secretary of state, secretary of treasury, secretary of defense, Attorney General, secretary of Interior, secretary of agriculture, secretary of commerce, secretary of labor, secretary of health and human service says, six Kateri of housing ,urban development, secretary of transportation, secretary of energy, secretary of education, secretary of Veterans Affairs, secretary of Homeland security

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