The Constitution Flashcards
What powers does Article II provide to the executive branch?
Article II gives the president the power to:
- command the military
- with the Senate’s advice and consent, to make treaties, appoint ambassadors, ministers, judges, and the heads of departments (e.g. the secretary of state)
- call Congress into special session
- grant reprieves and pardons
- adjourn Congress
Article II establishes the executive branch and how a president is elected. What relevant institution is also defined in Article II?
the Electoral College
Much of the Elecotral College system proved unworkable after the development of political parties and was amended by the 12th Amendment in 1803, establishing the current Electoral College.
What safeguards did the framers establish in the Consititution to make sure that changes happened slowly?
The framers established:
- Term lengths: the president (4 years), the House (2 years), and the Senate (6 years) all serve different terms. This makes it a time-consuming process for a majority to prevail
- Indirect elections: under the Constitution as drafted, both the president and the Senate
- The amendment process is difficult, requiring large majorities at each step.
According to Article IV, after a purported criminal flees to a different state, who can request that the different state extradite (return) the criminal?
Under Article IV, the extradition request must come from the governor of the state where the criminal act took place.
Article III gives the Supreme Court original jurisdiction over what types of cases?
According to Article III, the Supreme Court is the first court to hear:
- Cases involving ambassadors, ministers, and counsel
- Cases in which at least one state is a party (i.e. cases in which the federal government has a controversy with a state, or two states are suing each other)
In addition to establishing the principle of judicial review, Marbury v. Madison (1803) held that Congress may not expand the Supreme Court’s original jurisdiction.
What checks does the judicial branch exercise over the legislative and executive branches?
The judicial branch’s primary check is its power to declare both legislation and executive actions unconstitutional. In addition, the Chief Justice presides over any impeachment trial in the Senate.
Which constitutional article established the legislative branch?
The legislative branch was established in Article I, the lengthiest and most detailed of any of the articles. It established Congress’ powers and limitations, its method of election, and outlined the qualifications of members.
What was the original purpose of the Philadelphia Convention in 1787?
The meeting in Philadelphia had been called to discuss revising the Articles of Confederation, but the delegates quickly decided to scrap the articles and drafted a new governing document.
In support of the new Constitution, John Jay, Alexander Hamilton, and James Madison wrote a series of essays to New York newspapers. By what term are these letters known?
These essays, known as the Federalist Papers, advocated the adoption of the Constitution and discussed many of its provisions. For instance, Federalist Paper No. 51 discussed the Constitution’s checks and balances, and No. 78 justified the judicial branch.
Today, the Federalist Papers are important to anyone trying to interpret the Constitution’s provisions.
Which portion of Article I, Section 8, establishes Congress’ power over interstate commerce?
Congress’ power over interstate commerce is established in the Commerce Clause, which allows Congress “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
The Commerce Clause has been used (often paired with the Elastic Clause) to justify federal intervention and laws in almost any matter, as long as some tie can be found to commerce or the economy.
Article VI contains the “Suprmecy Clause.” What does this clause establish?
The Supremacy Clause holds that the Constitution is the Supreme Law of the United States, taking precedence over state law.
Article VI also establishes that the new government would honor the debts of the Articles of Confederation government and banned religious oaths for governmental officials.
What is the difference between original jurisdiction and appellate jurisdiction?
Original jurisdiction is the power to hear a case for the first time; appellate jursidiction allows a court to review a lower court’s decision.
How were the differences between the Virginia Plan and the New Jersey Plan resolved?
Roger Sherman of Connecticut proposed a plan that incorporated ideas from both the Virginia and New Jersey Plans, known as the “Connecticut Compromise” or the “Great Compromise.” The compromise created a bicameral legislature, with one house based on population (the House of Representatives) and one with equal representation (the Senate).
Most important, the Connecticut Compromise saved the convention, which had been on the brink of dissolving.
In the context of the federal government, what is meant by the term “separation of powers”?
Seperation of powers is part of the Constitution’s division of power among the three branches of government. Each branch has particular rights and responsibilities. The Constituion uses checks and balances to diffuse power between the branches and make sure no branch becomes too powerful.
As an example, while the president is the commander in chief of the military, only Congress has the power to declare war.
Article III provides for a trial by _____ in all criminal trials, a right further expanded in the Sixth Amendment.
jury
Article III guarantees a jury trial except in cases of impeachment.
Article IV contains the Full Faith and Credit Clause, which obligates states to do what?
The clause requires that each state honor judgments and public records from other states.
The clause reads that “[F]ull faith and credit shall be given in each state to the public acts, records, and judicial proceedings of other states.”
