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.
What does this article say about treason?
A person is guilty of treason if he or she goes to war against the United States or gives ‘aid or comfort to an enemy.
Explain full faith and credit.
shall be given in each state to the public acts, records, and judicial proceedings of every other state. For example you get married in PA, you are still considered married in Cali
Rules states must follow?
The state can not discriminate against citizens of other states. States must also provide the same fundamental rights it gives their own citizens. They can however have minor differences between their resident and nonresident
Who is responsible for admitting new states into the union?
Congress and no state shall be formed or erected within the jurisdiction of any other state. Or between 2 states without the consent of the legislature of the congress.
What are the 2 ways to propose a Constitutional Amendment?
2/3 of the house of representatives call for a change or when 2/3 of the states call for a national constitutional convention.
How is an Amendment ratified?
Once the amendment is proper 3/4 of the state legislatures or state convention must vote to approve.
What constitutes as the “Supreme Law of the Land” and who is bound by it? (Hint: not just the Constitution)
The constitution, laws of the state government, and treaties. The judges
What is the significance of the “oath” or “affirmation” to support the Constitution? What comment was made about religious affiliation?
All legislatures, executives, and judicial officers are bounded by the oath or affirmation to support this constitution. No religious test shall ever be required as a qualification to any office or public trust under the United States
In what month, day and year was the Constitution ratified?
June 21st, 1788
How many states needed to ratify the Constitution for it to go into effect?
9 states
1st Amendment
Freedom of speech, press, religion, assembly, and petition.
2nd Amendment
Right to bear arms.
3rd Amendment
Citizens do not have to house soldiers.
Amendment 4
No unreasonable search or arrest.
5th Amendment
No double jeopardy or no witness against yourself.
6th Amendment
The right to a speedy and public trial
7th Amendment
The right to a jury trial in civil matters of $20 and over.
8th Amendment
No excessive bail or cruel punishment.
9th Amendment
People get rights not listed in Constitution.
10th Amendment
Any rights not given to federal government are given to the states and people.
11th Amendment
Individuals cannot sue a state in a federal court.
12th Amendment
Separate ballots for President and Vice President.
13th Amendment
Abolish slavery.
14th Amendment
If you are born or naturalized in the U.S. then you are a citizen of the U.S.
15th Amendment
You cannot prevent a person from voting because of race, color, or creed.
16th Amendment
Income tax
17th Amendment
Popular election of U.S. Senators.
18th Amendment
Prohibition.
19th Amendment
Women get the right to vote.
20th Amendment
President takes office on January 20th instead of March 4th.
21st Amendment
Repeal prohibition.
22nd Amendment
President can only serve two terms.
23rd Amendment
Washington D.C. residents can vote for president.
24th Amendment
Anti poll tax.
25th Amendment
Lays down the rules for who becomes president if the president dies/resigns etc
26th Amendment
18 year olds get to vote.
27th Amendment
Congress cannot accept a pay raise until the next term.
What are factions, according to Madison?
a number of citizens whether amounting to a minority or a majority of the whole, who are united and actuated by some common impulse of passion.
What are the causes of faction?
common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community
What is the most common and durable source of factions?
has been the various and unequal distribution of property. Those who hold, and those who are without property, have ever formed distinct interests in society.
What are the 2 cures for the “mischiefs of faction,” according to Madison? Why are these remedies worse than the disease?
removing it’s causes(liberty); the other controlling its effects. Its worse than the disease because it gets rid of liberty and freedom of the citizens uniform passions, opinions, and interests.
What is Madison’s solution for controlling the effects of factions?
Madison’s solution for controlling the effects of factions is to create a republic government, where its branches would separate and check each other’s powers, never allowing the other to exceed. He suggested that factious leaders may still rise, but their influence wouldn’t have the ability to influence other states and their citizens.
What is a republic, what is a pure democracy, and how do they differ?
A republic is “a government in which the scheme of representation takes place,” while pure democracy is “a society consisting of a small number of citizens, who assemble and administer the government in person.” Madison states that pure government cannot cure the mischiefs of a faction, but the republican government can. In addition, pure democracy is the delegation of a smaller society while a republic extends to a larger, majority, society.
How does a republic inhibit the effects of factions, according to Madison?
A republic inhibits the effects of factions by establishing a system that would not only check factions, but balance all effects of one, and their opinions.
Which methods does Madison suggest to check the powers of government?
Each branch should have a will of its own, and should not interfere with each other, The judicial branch is a term for life, so they don’t have to be loyal to one president, Goal: Divide and arrange the several offices, so each may check on the other
Which branch appears as an exception to the separation of powers norm? Why is this exception not dangerous?
Judicial branch, members are chosen by the Executive branch and approved by the Senate,
They have unlimited terms, so they will not have loyalty to any one president,
The judges must have prerequisite skills that the government is aware of, but the people aren’t
The greatest security against concentrating power is found in what?
provide constitutional safeguards that would make such concentration difficult.
What is Madison’s view of human nature and how does it affect a republic?
That people usually try to gain power, he also states that if people could be trusted to be always be good to one another, government would not be needed. He lastly states that human beings who are elected to serve in government do not always behave righteously.
How is the separation of powers between the three branches assured?
Checks and balances. The legislative branch makes the laws. The executive branch, the president, can veto, and the judicial branch can rule law as unconstitutional.
Which branch of government did Madison think would be the strongest?
Legislative and that is why it had to be split into the House of representatives and the Senate. Both with different task.
What are the two great advantages of a federal system, according to Madison?
Smaller states have protection against bigger states, due to a strong federal government,
One part of society must be guarded against the injustice of another part
What is the “end” (supreme goal) of government, according to Madison?
Protect people, prevent anarchy, and justice
