The Constitution Flashcards
1
Q
What is “the people” an example of?
A
an appositive; popular sovereignty
2
Q
As citizens, we should have the power to?
A
control the government
3
Q
Union
A
more than one;states
4
Q
“in order to form a more perfect union”
A
“perfect”=flawless, Jesus
found flaws with Great Britain
5
Q
“establish justice”
A
God is just
6
Q
“ensure domestic tranquility”
A
domestic-at home
tranquility-peace
7
Q
“provide for the common defense”
A
military support from US and the government
8
Q
“promote the general welfare”
A
Example: public parks
9
Q
“secure the blessings of liberty”
A
liberty=freedom
secure freedom
the bigger government, the less freedom we have
10
Q
posterity
A
future generations
thinking beyond your lifetime
11
Q
ordain and establish constitution
A
set in place and keep it going
12
Q
separation of powers
A
separation of legislative, executive, and judicial
13
Q
Article 1 Section 1
A
Bicameral Congress/Great Compromise
14
Q
Article 1 Section 2
A
House of Representatives; direct democracy "mad dog" leashed to people house of reps election-every 2 years must be 25 years old resident of state for 7 years
15
Q
Virginia plan
A
different populations-different amount of representatives
16
Q
Article 1 Section 3
A
Senate passionate and tempered-longer term 6 year term 1/3 up for election at a time 9 year resident VP presides over them must be a 2/3 majority vote
17
Q
face of senate
A
pre pro temp-4th in line for president
18
Q
Article 1 section 4
A
meeting time and state elections
19
Q
Article 1 section 5
A
rules and procedures of house and senate
quarum-minimum amount of reps there
20
Q
Article 1 section 6
A
privileges and restrictions on congressmen
raises for congress
congressmen cannot be arrested in session
cant be arrested going from building to building except for treason
21
Q
Article 1 section 7
A
laws passed and tax raises and bills can raise taxes bill becomes law with majority in both houses checks and balances between branches pres cant ignore bill for 10 days
22
Q
Pocket veto
A
session of congress ends before pres vetos. doesnt become law-he can ignore it
why ignore it? doesnt want to be tied to a bill thats controversial
23
Q
Article 1 section 8
A
longest Congress: raises taxes go into debt deal with interstate commerce immigration policy currency promotes science through patents creation of a federal court declare war raise army and navy and regulate both
24
Q
Elastic Clause
A
congress has the power to make all laws necessary and proper for carrying info execution the foregoing powers and all other powers vested by this constitution. congress decides what is necessary and proper.
25
Article 1 Section 9
```
slavery
Habeas Corpus
bills of attainer
ex-pos facto laws
congress must have a law to spend money
no nobility
```
26
Habeas Corpus
tried before you're sent to jail. see the accused
27
Bills of Attainer
laws passed to punish individuals. representatives cant try to punish us
28
Ex-pos facto laws
cant get arrested today for what's illegal tomorrow. law enforcement cant go back because of what you did.
29
What does congress need to have before they spend money?
a law
30
Article 1 Section 10
limits on states
31
What can't states do?
coin money
declare war
make treaties/alliances
exercise taxes
32
Article 2
Executive Branch
33
Requirements to run for president
35 years old
| US citizen for 14 years (naturally)
34
Who originally became VP?
the runner up presidential canidate
35
Do we directly elect the president?
No, we elect electors in the electoral college
36
Who votes for the president if there is a tie?
The House of Representatives
37
Presidential Powers
```
Enforce laws
Bully Pulpit
Commander in chief of the military
relies on national security advisers
signs treaties
pardons people
picks supreme court and federal judges
serves for 2 terms
```
38
Article 3 Section 1
Supreme Court/ inferior courts
protects the masses from bad decisions
life appointments based on good behavior
39
Article 3 Section 2
Jurisdiction/original appellatte
40
Article 3 Section 3
Treason-waging war against US or giving enemy aid
Family is exempt from punishment
Congress will set up punishment and must have 2 witnesses to be convicted
41
Article 4 Section 1
Full Faith and credit-state laws
42
Article 4 Section 2
Crimes follow you from state to state.
| Cannot run away
43
Article 4 Section 3
New States being admitted into Union
44
Article 4 Section 4
Federal Government/Republican has right to intervene in insurgences
45
Article 5
Section 1- Amendment Procedure
2/3 majority in Congress
3/4 majority of states
46
Article 6
Supremacy clause
federal government still has power over states
leaders have to take oath
47
Article 7
Ratification of constitution
9/13 colonies
states are own entity/Delaware was 1st to agree
NC never did and was forced to later
48
The Preamble
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
49
Three types of powers of the national government
1. Expressed
2. implied
3. inherent
50
Expressed Powers
Those directly stated in the constitution
51
Implied powers
Those powers that the national government requires to carry out their expressed powers. Come from the Necessary and Proper Clause. (Like the military draft)
52
Inherent Powers
those powers that the national government uses in order to function.
the national government has to address certain issues even if they aren't mentioned in the Constitution.
53
Powers denied to the government
The national government cannot tax exports.
The national government cannot interfere with the activities of the states unless the states are violating national laws.
54
Reserved Powers
the powers that the Constitution holds strictly for the states.
55
Any power that isn't given to the national government is given to the _____ government
state
56
Powers denied to the states
No state can make treaties or alliances with foreign countries.
No state can coin its own money.
No state can grant titles of nobility.
All states must have congressional permission to collect tariffs on imports or exports or to make agreements with other states.
57
Concurrent Powers
powers that belong to both the state governments and the national government.
The power to tax.
The authority to borrow money.
The authority to spend for the welfare of the people.
The power to establish courts.
The power to enact and enforce laws.
58
Full faith and credit
Laws, records and court decisions from one state are recognized in other states
59
Privileges and Immunities
All states must provide citizens of other states full privileges and immunities.
60
Interstate Compacts
he Constitution requires that states settle their differences without the use of force. Most of them do this through Interstate Compacts – written agreements between two or more states.
61
Lawsuits
If one state sues another state in court, the case must be heard in the United States Supreme Court.
62
What branches of government does a state have?
executive (governor), legislative, and judicial (state court system)
63
First Amendment
Forbids the congress from interfering with freedom of religion, speech or press, or with the right to assemble peaceably, or to petition the government
64
Second Amendment
Guarantees the right to bear arms
65
3rd Amendment
Assures that soldiers cannot be arbitrarily lodged in private homes without the consent of the owner.
66
4th Amendment
Forbids unreasonable search or seizure of persons, homes, and effects without a warrant
67
5th amendment
guarantees specific rights when on trial, including no condemnation without trial, no compulsion to be a witness against oneself, and no property taken for public use except with just compensation
68
6th amendment
assures the accused right to a speedy and public trial, right to be represented by an attorney, and right to be faced by accusing witnesses
69
7th amendment
in lawsuits of more than $20, a trial by jury may be requested
70
8th amendment
forbids excessive fines and cruel or unusual punishment
71
9th amendment
just because a right is not mentioned in the constitution does not mean that the people are not entitled to it
72
10th amendment
powers not delegated to the federal government, nor prohibited to the states, are reserved to the states or the people.
73
11th amendment
prohibits citizens of one state from suing the government of another state
74
12th amendment
established separate ballots for president and vice president in the electoral college
75
13th amendment
abolished slavery
76
14th amendment
made slaves citizens and forbade states from denying civil rights
77
15th amendment
prohibited states from denying a person the right to vote on account of race
78
16th amendment
gave congress the right to levy an income tax
79
17th amendment
provided for direct election of senators
80
18th amendment
permitted congress to ban the sale of liquor
81
19th amendment
gave women the right to vote
82
20th amendment
changed the date of presidential inauguration and set congressional session to begin in january
83
21st amendment
repealed the 18th amendment
84
22nd amendment
limited president to 2 elected terms
85
23rd amendment
granted people of the district of columbia the right to vote for presidential electors
86
24th amendment
prohibited use of the poll tax to deny people voting privileges
87
25th amendment
provided a procedure to fill the vice-presidency in the event of a vacancy
88
26th amendment
lowered the voting age nationally to 18
89
27th amendment
prohibits laws affecting the compensation of members of congress from taking effect until after the next election of representatives.
90
line of presidential succession
1. vice president
2. speaker of the house
3. president pro-temp of the senate
4. secretary of state
5. secretary of treasury
