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History #5 Constitution > History Test (Article II-VII) > Flashcards

History Test (Article II-VII) Flashcards

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1
Q

What is the second article of the U.S Constitution?

A

The Executive Branch: The President

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2
Q

What is making the President the second article saying to him/her?

A

You are not #1 or the king!

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3
Q

What is the Executive Branches major responsibility and why? Explain. Who will he call?

A

To enforce the laws & the President is Commander in Chief. -In charge of air force, navy, and army, but doesn’t declare war. The President won’t actually call up Locust Valley Police Department, but he/she can ask the governor to!

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4
Q

What is the Presidents term?

A

4 years, but can run twice and be elected for another 4 years.

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5
Q

Who was the 1st Precedent? Explain.

A

George Washington set the Precedent as a role model to not keep running, so the President is not like a king or a monarch/empire. (Dictator) He only served for 2 terms (8 years), but in 1933 F. Roosevelt broke the Precedent, but died in his 4th term early on.

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6
Q

What is the 22nd Amendment? What year?

A

1951- Says a President can run twice (8 years), for a maximum of ten years. Vice President can become President, if a President dies or is found guilty when impeached. (2 years of past Presidents term and 2 full terms separately as President)

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7
Q

What is needed for a presidential candidate to win the presidency?

A

270 electoral votes are needed to win the presidency.

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8
Q

What is the Presidents step in-between when being elected? Does it make a difference?

A

There is an indirect election of the President because of the Electoral College. The Electoral College does make a difference!- Step in between

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9
Q

What are the steps for the electoral college?

A

-Citizens vote in each state.
-Each state has a certain number of electoral votes.
-Larger the population the more electoral votes.
- A person can win the majority of the popular vote, but lose the Presidency. (270 electoral votes needed to become President)

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10
Q

What are times when people won the popular vote, but lost the presidency?

A

1824: Andrew Jackson (D) won the popular vote, but lost to John Quincy Adams (Dem-Rep: today more R) who won the electoral vote
-1876: Samuel Tilden (D) won the popular vote, but lost to Rutherford Hayes (R)
-1888: Grover Cleveland (D) won the popular vote, but lost to Benjamin Harrison (R)
-2000: Al Gore (D) won the popular vote, but lost to George W. Bush(R.)
-2016: Hillary Clinton (D) won the popular vote, but lost to Donald Trump (R)

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11
Q

What is the citizenship for being a President?

A

14 years- but has to be a natural born citizen, which means born in the U.S.

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12
Q

How old do you have to be to run for President?

A

35 years old.

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13
Q

Why must the President be paid?

A

So average citizens can run for office, not just wealthy.

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14
Q

What is the Presidents job because he is Commander in Chief of the Military?

A

To enforce the laws.

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15
Q

What does Chief of State mean?

A

The President is the chief of all states, not just his home state.

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16
Q

What does Chief diplomat mean? Example and explain.

A

Relationships with other countries- Shaking hands- only meets with someone he sees as the rightful leader.

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17
Q

What does Party chief mean?

A

Head of whatever political party there is/they are.

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18
Q

What does the leader of Foreign Policy mean? Who must approve?

A

Our dealings with other countries. Foreign is out of the country- war and environment, while domestic is within the country and is taxes. Can make treaties, but the Senate must approve- Checks and Balances- no secret deals.

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19
Q

What is the State of the Union? When must it happen? What does Mrs. Manzone hate about it? Why would they want this?

A

In Jan. or Feb. once a year to the public the President tells Congress what is happening, in terms of what positives he did that year. (No negatives) Mrs. Manzone hates that the different parties are acting like children and putting their party over country by sitting on separate sides wearing red ties for Republican and blue ties for Democrat. They want Americans to say that’s my team. (Used to be in newspapers)

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20
Q

Who chooses the cabinet members, who are they, and who approves the cabinet members?

A

The President chooses the cabinet members and the cabinet members are his advisors (give advice) that he doesn’t have to listen to. Must be approved by the Senate- Checks and Balances.

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21
Q

Where is a President impeached? What does impeached mean?

A

To accuse in the House of Representatives.

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22
Q

Where is the President put on trial?

A

In the Senate.

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23
Q

What are the four outcomes of impeachment?

A
  1. Not guilty- still in office
  2. Guilty (found in Senate trial)- leaves office (home) Vice President becomes President and the President does a trial in a federal court- if found guilty goes to jail. Or if found not guilty- goes home and is not President.
  3. Censure- nothing happens like an infraction. (Doesn’t reach threshold)
  4. The Senate refuses to hear the case. (Party over good of the country- not what Founders expected)
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24
Q

What must the guilt reach for impeachment?

A

High Crimes and Misdemeanors.- Threshold- hurts the entire country.

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25
Q

Example of a person being found not guilty in the Senate?

A

Andrew Johnson 1868- not guilty- Lame Duck- Powerless.

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26
Q

Example of a censure, but found not guilty?

A

Bill Clinton 1998- the H.O.R voted to censure Clinton. The Senate acquitted Clinton (found not guilty). - Was censured, lied under oath, but didn’t hurt the country.

27
Q

Example of someone who resigned?

A

President Nixon 1974 resigned before the proceedings began.- Knew he was found guilty- jail. Ford- country before President.

28
Q

Example of the Senate refusing to hear the case?

A

2019 President Trump was impeached in the H.O.R, but no trial in the Senate. The Senate put country over party, not what founders expected.

29
Q

What are Executive orders, why, give examples of when a President would use them, and the consequences?

A

The President can order agencies within the Federal government to carry out his wishes. They can be challenged by Congress or the public using the courts. (For emergency) It is unusual for a President to use them, unless if he thinks it will take too long by going through the H.O.R and the Senate. 1. In time of war- bombing. 2. Civil Rights Movement- racist Congress members. The consequence is a President could be impeached is used too many times because it has to go through the H.O.R and Senate.

30
Q

What is the veto power? Veto? From where?

A

Veto means I forbid this law. The Veto power is a President can veto, but with majority Congress 2/3 House 2/3 Senate can override a veto. Origin from NY State government.

31
Q

What does the president can call Congress into a special session mean? When is this used?

A

Congress members come back to Washington D.C. (By plane) Need to discuss soon and have some time to get there! In time of war and pandemics. Traveling by horses in the past- executive orders (won’t be back in time).

32
Q

Grant Pardons and why are they unfair?

A

At the end of a Presidents term they can get someone out of jail. It is unfair because it completely disrespects the judge and it is king like of the President.

33
Q

What are the reasons a census should be taken and what is a census?

A

A census is taken every ten years to see the amount of representation in the H.O.R in each state. 1. To determine representation in the H.OR. 2. Effects the amount of people in the electoral college. 3. Federal Funding- larger populated states get more money.

34
Q

How was the Vice President voted in from 1789-1804? What was 1789? Now what happens?

A

1789- when the Constitution was signed.

Most electoral votes- President
Second place- Vice President- now President chooses his #1 person to run with him for Vice President.

35
Q

What is the 12th Amendment?

A

Clearly states who is running for Vice President and who is running for President.

36
Q

What is the Vice President in the Senate? What is his/her job?

A

The presiding officer of the Senate- breaks ties in Senate about bills/legislation- very little. (Not for impeachment)

37
Q

Why does the Vice President has no defined responsibilities?

A

Vague- the Vice President is only as powerful as the President wants him/her to be. (The Vice is not more popular than the President, but it can be a strategy to win the Presidency.)

38
Q

What is Article III of the Constitution?

A

The Judicial Branch: The Supreme Court.

39
Q

Who established all of the lower federal courts?

A

Congress

40
Q

What is the highest court of appeals in the United States?

A

The Supreme Court

41
Q

How many cases is the Supreme Court asked to take in a year, but how many do they take and why? Why does it impact society?

A

They are asked to take 10,000 cases, but take about 80 because deciding constitutional or unconstitutional take 2-3 months and requires the justices to review the Constitution. It impacts society because the decision will effect the entire country. (Why the SC accepted it in the first place)

42
Q

What is the highest Court in each state. (Individual)

A

That states Court of Appeals.

43
Q

Appeals

A

To reconsider

44
Q

How does the final decision work with the Supreme Court? What if the states don’t obey the law?

A

If the Supreme Court doesn’t accept the case the first court gets final decision. If the Supreme Court accepts the case, they get final decision and the states have to obey the decision and if they don’t then the President can call the national guard.

45
Q

Why would the Supreme Court accept a case?

A

If it affects the entire country.

46
Q

How many members are in the Supreme Court and why?

A

9 members in the Supreme Court, so there is never a tie and majority rules.

47
Q

What is only the Supreme Court allowed to do because of the the Judicial Review?

A

The Supreme Court is the only court that can declare a law unconstitutional.

48
Q

What does the Supreme Court not do?

A

The Supreme Court does not try cases- not guilty or innocent.

49
Q

In a case what is the only thing the Supreme Court decides and what do they not?

A

There is no verdict - It issues an opinion (majority)- Constitutional or not.

50
Q

How many Chief Justices (and their job) and associate justices are there? What do they all have? Who are they not?

A

There is 1 Chief Justice and eight associate justices, but they all have equal power. The Chief Justices breaks ties if there is one for the trial in Senate if the President gets impeached. The justices are really bright, not average citizens.

51
Q

Who chooses the justices and who approves them? What is this an example of?

A

The President chooses the next justice after one has either died or retired, but the Senate approves justices- Checks and Balances- so the President isn’t a king and all branches of government are co-equal.

52
Q

How long do you serve in the Supreme Court?

A

You serve for life or until you die or retire.

53
Q

When does the term for the Supreme Court start and end?

A

The term begins on the first Monday in October and usually ends in June.

54
Q

What is Article IV?

A

The states- talks directly to the states.

55
Q

What does Article IV discuss? Ex.

A

The responsibilities and duties of the states & the responsibilities the federal government has to the states. Ex, driver’s license, marriage license, teaching license, etc.

56
Q

Explain the two clauses in Article IV. Because..

A
  1. The Privileges and Immunities (to go against) clause- citizens from other states cannot be discriminated against (due process, life liberty..) Like slavery, working and not getting paid and another person financially benefiting. (No Jim Crow Laws).
  2. Extradition (to be moved from one place to another) clause- charged with a crime in another state or country, the person must be returned. Hard for country because you need a passport.
57
Q

What is Article V and why did they make this article?

A

Article 5- Rules to amend the Constitution/ Amendment Process and the Founders made this Article because they knew the Constitution wasn’t perfect.

58
Q

What is the Amendment process and how was it?

A

2/3 of the House, 2/3 of the Senate, the President, and 3/4 of the states. Really hard to get amendments passed because the Founders wanted the people to use what they have.

59
Q

What clause did the Amendment process want the Congressmen to use?

A

The Elastic/Necessary Proper Clause.

60
Q

What is Article VI? What does it state?

A

The Supremacy Clause and it states that the Constitution and laws based on it are the “supreme law of the land”- Federal Government.

61
Q

Ratification

A

To pass.

62
Q

How many states were needed for the Constitution to be the law of the land, but how many did they want?

A

They needed 9 out of 13, but wanted 13/13, so there was no Civil War.

63
Q

Who was the 9th State to ratify the Constitution? Who was the 13th State to ratify the Constitution and what was the agreement?

A

New Hampshire- the Constitution was passed. The 13th state to ratify the Constitution was Rhode Island and the agreement was the addition of the Bill of Rights- which gave the citizens individual rights.

64
Q

Look at the packet and question: What was the dinner compromise?

A

:)))

History #5 Constitution (3 decks)

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