The Constitution Flashcards
Objectives laid out in the Preamble of the Constitution
- Form a more perfect Union
- Est. Justice
- Ensure domestic tranquility
- Provide for common defense
- Promote general welfare
- Secure liberty
The Constitution has been called a(n) __________ and _________ document
Enduring and evolving
Because it has stood the test of time
Major factors creating longevity of the Constitution
- Separation of powers
- Checks and balances
- Built-in elastic clause as part of Congress’s power
- Reserved power clause giving states power not delegated to National government
- Guaranteed rights for citizens
- Precedents and traditions in unwritten Constitution
- Supreme Court’s judicial review
- Flexible amending process
- Inherent powers of the president
The organization of the Constitution…
Separates the formal institutions of government (3 articles)
Article II of the constitution regarding the executive branch does not specifically mention…
The president’ scanner of the federal bureaucracy
The authority of judicial review was given to the Supreme Court in…
The landmark case of Marbury v. Madison
Only people to be executed for treason
Ethel and Julius Rosenberg
Which house of Congress is more representative?
The House of Representatives
Baker v. Carr
Est. “One man, one vote” law
Created congressional district guidelines
How many Congress members does each state have
2 senators
At least 1 House Representative
Why is the House of Representatives more representative than the Senate?
Size (435) Term in office (2yrs) Qualifications (at least 25yrs, citizen for at least 7yrs, and inhabitant of state that he/she is representing) Initiate impeachment process Start all revenue bills
Qualifications and duties for senators
30yrs old
Citizen for at least 9 years
Resident of the state that the senator represents
Term: 6yrs
Try presidents for impeachment
Approves presidential appointments and treaties
Congressional powers from Constitution
Article I Section 8
- Collect taxes, pay debts, provide common defense and general welfare
- Borrow money
- Regulate interstate and foreign commerce
- Est. Laws for immigration, naturalization, and bankruptcies
- Coin money
- Make laws against counterfeiting
- Est. Post offices
- Make copyright laws
- Est. Federal courts in addition to Supreme Court
- Define and punish piracy
- DECLARE WAR
- Raise armies and navy
- Est. National Guard
Elastic clause
“Necessary and proper” clause given to Congress
Increases power of Congress with ability to interpret its lawmaking ability in a broad manner
Ex. Est. National Bank and Brady Bill
Powers denied to Congress
- Denial of the writ of habeas corpus (giving appeal protection to the accused)
- Passage of bill attained laws (which proscribe penalties without due process)
- Passage of ex post Facto laws
- Pass export taxes
- Grant titles of nobility to citizens
Who is central player in government
The president
Qualifications for president
(Strictest of the three branches) Natural-born citizen At least 35yrs Resident of US for past 14yrs Can serve no more than two terms
Specific powers of the president in Articles 2 and 3
- Commander in chief of armed forces
- Ability to obtain info from members of the executive branch
- Grant pardons
- Make treaties with Senate’s consent
- Appoint ambassadors, justices, etc. with Senate’s consent
- Sign or veto legislation
- Give Congress a State of the union report
- Call special sessions of Congress
- Inherent power of president
The power of which branch has increased the most over time?
The executive branch
The only stated responsibility of the Vice President
Preside over the Senate and be the deciding vote if there is a tie
25th Amendment makes him next in line for presidency if president dies or cannot fulfill duties
If no presidential candidate receives a majority of the electoral votes, the election is determined by….
The House of Representatives
Unlike the legislative and executive branches, the judicial branch has not…
Specific qualifications for office
Direct responsibility or accountability to voters
Term for Supreme Court justices
Life after appointment
The appointment process for Supreme Court justices has become more and more difficult as a result of…
Questioning by the Senate Judiciary Committee
How the president can get around Senate opposition to an appointment.
Through a recess appointment: a temporary appointment of the president’ s choice during a congressional recess
Appointment can only serve 1 year
Features of government and political system that have an impact on the size and function of the presidency:
- Role of political parties
- Growth of federal bureaucracy
- Development and expansion of the info superhighway and role of media, which outs pressure on elected officials
- Emergence of US as the last superpower from the Cold War, leading to a tremendous responsibility
“Full faith and credit”
Is sided to describe the mutual respect and legality of laws, public records, and judicial decisions made by states
Ex. Rules for marriage in Nevada must be respected by NY
Peeve se of Marriage Act
Signed by Clinton
Gives states right to not recognize gay marriages performed in other states
Denied gays who were married all the federal benefits given to other married couples but this clause was revoked by the Supreme Court in the Windsor v. US case
14th Amendment
Gave African Americans citizenship
States cannot abridge privileges and immunities of its citizens
Recognizes extradition of fugitives by states
Constitution gives each state a ________ government
Republican
Supremacy clause
Article VI
Constitution and US laws “shall be the supreme law of the land”
States cannot pass laws that conflict with federal actions
Ex. McCullough v. Maryland (Maryland could not tax National Bank)
Federalism
Overall relationship between the federal government and state governments
Defined in 10th Amendment which gives states reserved powers not specifically given to the national government
Classification of amendments
- Creating additional power for the federal government (ex. 16th: power to take income tax)
- Limiting power to state government (ex. 14th)
- Adding right of popular sovereignty to various groups
- Taking away and adding power of the voter to elect public officials
- Changing the structure of government
Two methods to amend the Constitution
- (Most common) 2/3 vote in House of Representatives and Senate with 3/4 ratification of states
- (Only used once for prohibition) Congress calls national constitutional convention after request made by 2/3 legislatures. Then amendment can be ratified with 3/4 state legislatures or 3/4 of ratifying conventions in the states
Texas v. Johnson
Flag burning is legal form of political process (1st Amendment)
Roe v. Wade
Constitutionally protected the right for a woman to have an abortion
