Summer Work Flashcards
What is the purpose of the preamble? 6 purposes?
Sets the stage for the constitution. form a more perfect union, establish justice, domestic tranquility, common defense, general welfare, secure blessings of liberty now and in the future
Why is “we the people” so significant?
They declare that the Constitution derives its power not from a king or a Congress, but from the people themselves. This concept of popular sovereignty—power to the people—is the foundation upon which the entire Constitution depends.
How often are representatives in the House elected?
Every 2 years
What are the 3 requirements to be a representative?
25 years old, 7 years citizen, Inhabitant of the state
How are the number of representatives in each state decided? How did it change?
Apportioned among several states including the whole number of free persons, and 3/5 for all other people. Within 3 years of the first meeting and subsequent 10 years. Shall not exceed 1 for every 30,000. At least 1 representative per state.
13th amendment. Every person is counted as a full person
How are vacancies in the House filled?
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House alone has what power?
The House of Representatives shall chuse their Speaker and other Officers;and shall have the sole Power of Impeachment.
What is the term of the Senate?
6 years
How are the senate chosen? How did it change?
chosen by legislature.
17th amendment changed it to the popular vote.
How are vacancies in the Senate filled? How did it change
1/3 are replaced every second year. If vacancies happen by resignation, the executive may make temporary appointments until the next meeting of the legislature.
The 17th amendment requires a governor to call a special election to fill vacancies.
What are the 3 requirements for being a Senator?
30 years old, 9 years citizen, inhabitant of the state
Who is the president of the Senate? What power do they have?
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. Tiebreaker
What sole power does the Senate have during impeachment? What vote is required to convict?
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Who is responsible for running elections?
The state legislature
When is the first meeting of Congress? How did it change
First Monday in December
20th amendment changed it to noon on the 3rd day of January
Where must bills raising revenue (taxes) originate?
The House of representatives
What fraction of both houses of Congress is required to pass a law after presidential veto?
2/3 vote from both the house and the senate
What is a pocket veto?
A pocket veto is when the president doesn’t sign a bill in excess of 10 days thus killing the bill.
18 powers of Congress?
- Power to tax and spend for the general welfare and the common defense.
- Power to borrow money.
- To regulate commerce with states, other nations, and Native American tribes.
- Establish citizenship naturalization laws and bankruptcy laws
- Coin money
- Power to punish counterfeiters of money and stocks
- Power to establish post offices and roads
- Power to regulate patents and copyrights
- Power to establish lower courts from the Supreme Court
- Power to establish piracy laws of the sea
- To declare war
- Power to raise and support Army
- Provide and maintain the Navy
- Make rules for the Government and regulation of naval forces
- Power to call a militia (National Guard today)
- Power of regulating a militia
- Power to govern the District of Columbia and properties for federal government purposes
- Authority to create laws that are necessary and proper to carry out the laws of the land (Necessary and Proper Clause)1
Powers forbidden by congress(6)?
- Importation of people shall not be prohibited by congress, but a tax may be imposed and shall not exceed 10 dollars
- No capitation or other direct tax unless in proportion to the census. The 16th amendment gives people the power to tax based on income
- No tax on articles exported from any state
- No preference shall be given by any regulation commerce of revenue to the ports of one state
- No money shall be drawn from the treasury.
- No titles of nobility
Habeas corpus
protects a prisoner from unlawful and indefinite imprisonment. A person shall be brought before a judge.
Bill of Attainder
a piece of legislation that declares a party guilty of a crime. Ex. imposing the death penalty without a judicial trial
Ex post facto Law
Laws that criminalize acts that were legal in the past
Powers Forbidden by the State
- No state shall enter a treaty, alliance, or confederation,
- letters of marque and reprisal (private ships to attack enemy ship)
- coin money
- emit bills of credit
- make payment debts in anything besides gold and silver
- no bill attainder or ex post facto law
- titles of nobility
- impose duties without the consent of congress. All state imports go to the treasury
- no state shall keep troops or ships of war in time of peace.
- engage in war unless invaded
How long is a presidential term?
4 years
What are the requirements for running for president?
natural born citizen, or a citizen of the US at the time of the constitution, 35 years old, 14 year resident within the US
Who are the first three in line of succession to the presidency?
Vice president, speaker of the house, president pro tempore, secretary of state
What is the president’s role regarding military power?
Commander in Chief of the Army and Navy of the United States. He can make treaties if 2/3 of the senate agree. Along with appoint ambassadors, judges of the supreme court and all otheroffices.
What is the president’s role regarding treaties? Ambassadors? Supreme Court Justices?
He can make treaties if 2/3 of the senate agrees. Along with appointing ambassadors, judges of the supreme court, and all other offices.
What types of messages are required by the president to give?
he is recommend to inform congress of the State of the Union and make reccomendations
For what reasons might a president be impeached(3)?
treason, bribery, or other high crimes and misdemeanor
What does “judicial power” mean?
Judicial power is the power of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision.
What is the difference between original and appellate jurisdiction?
Original jurisdiction is the right of a court to hear a case for the first time (only ambassadors). Appellate jurisdiction is the right of a court to review a case that has already been heard and decided upon.
What does section 2 say about jury trials?
The trial of all crimes, except in cases of impeachment; shall be by jury. They must be in the state of where the crime is committed.