The Fed. Constitution of 1787 and the Amendments Flashcards
The Preamble’s goals
1) Form a more perfect union
2) Establish justice
3) Ensure domestic tranquility
4) Provide for the common defense
5) Promote the general welfare
6) Secure the blessings of liberty
Article 1: Sections 1, 2, 3
Organization of the House and the Senate.
Requirements for being a house member:
1) Must serve for 2 years
2) Be 25 years old
3) A citizen for 7 years
4) Reside in respective state
Duties of the president pro tempore
1) Acts in absence of Vice President
2) Third in line of succession
3) Typically the longest serving senator
Impeachment
1) House begins impeachment procedures with a simple majority
2) Senate votes to remove with a two-thirds majority.
3) Chief Justice presides over impeachment of a president, the Vice President presides over all other trials.
Requirements for serving in the Senate:
1) Must serve for 6 years.
2) Must be 30 years old.
3) Must be a citizen for 9 years.
4) Must reside in state.
Duties of the Vice President:
1) Is the President of the Senate
2) Rules over all impeachment trials, save for those of the president
3) Casts the tie-breaking vote in the Senate.
Article 1: Section 4
1) States are given freedom to determine voting regulations.
2) An annual session of Congress is required.
Article 1: Section 5
1) Qualifications of members
2) Congress has the power to punish its members.
3) Congress must keep a record of its proceedings.
Article 1: Section 6
1) Congresspeople are immune from arrest during a session.
2) Congresspeople may not hold double political office.
Article 1: Section 7
Deals with bills
Revenue bills
1) Must originate in the House of Representatives.
2) All other bills can originate from either house.
Veto process
1) The president has a 10 day (excluding Sunday) time limit to either sign or disapprove a piece of legislation after it is presented to him.
2) IF the president disapproves the bill then it is sent back to the house from which it originated with his objections.
3) After it is sent back, a two-thirds majority is needed to override the veto.
4) OR the president will not sign the bill, in which case it will become law.
5) OR the president can not sign the bill during a period of time in which the Congress was adjourned.
6) This is called a pocket veto and Congress cannot override it.
Article 1: Section 8
The powers of Congress
Article 1: Section 9
The powers denied from Congress.
Powers denied to Congress:
1) Cannot suspend Habeus Corpus, unless the public safety may require it.
2) Cannot create “Bills of Attainder”
3) No “ex post facto” laws
4) No tax may be levied on exports from states
5) No titles of nobility will be given
Article 2
Deals with the Executive Branch and the Electoral College
Requirements of the President and the Electoral College
1) President’s term is 4 years.
2) President must be 35 years old, a US resident for 14 years, and a naturalized citizen.
3) Electors will be equal to the number of senators and reps. of the state.
4) President’s salary will be set by Congress.
Duties and Powers of the President
1) Commander in chief of the armed forces
2) Makes/negotiates treaties
3) Nominates ambassadors and judges.
4) Works with the cabinet.
5) Fills “recess” appointments
6) Gives an annual “State of the Union”
7) May adjourn Congress if they can’t agree on a time.
8) Receives foreign ambassadors.
9) Faithfully executes all laws
10) Commissions all officers of the military
Federal courts
1) Established in A3S1
2) Inferior to the Supreme Court, created at Congress’s discretion.
3) Salaries of federal court justices set by Congress, they serve for life.
The Supreme Court’s jurisdiction
1) Appellate jurisdiction over cases from lower courts
2) Actual cases and controversies.
3) Original jurisdiction over cases involving diplomats or interstate affairs.
Treason
1) A3S3
2) The crime of levying war against the US or giving aid and comfort to her enemies.
3) The accused may confess in open court.
4) Two witnesses are required in open court.
5) Congress can set the punishment.
6) No “corruption of blood”
Interstate Relations
1) Full faith and credit clause
2) Extradition of criminals back to another state
3) New states can be created by Congress
4) Congress remains in charge of federal properties.
5) All states are guaranteed Republican government and general protection.
Amendment process
1) Congress proposes with two thirds vote of each house.
2) State legislatures ratify with three-fourts vote.
3) OR Two thirds of states request a national constitutional convention.
4) Three-fourths of specifically called state conventions vote to ratify.
Article 6 and Supremacy Clause
1) Constitution is supreme law of the land
2) Leaders are bound by oath to support Constitution.
3) No religious tests for holding office.
4) All debts of the US under the Articles of Confederation will be honored.
Article 7
Nine of 13 states needed to ratify Constitution.
Admissions Clause
Congress admits new states. If parts of an existing state are involved, the state must give permission.
Advice and Consent Clause
Treaties and nominations: President starts, Congress approves with 2/3 vote
Appointments Clause
Congress can give permission for inferior officers to be set without the Senate’s approval
Arisings Clause
The judicial power extends to all cases arising under the Constitution.
Comity Clause
Congress can determine the effect of state laws if they conflict with the laws of other states.
Commerce Clause
Congress can regulate commerce between states or with foreign nations
Compact Clause
States cannot create compacts or agreement with another state without Congress’s approval.
Contract Clause
States cannot pass laws impairing the obligation of contracts.
Elastic Clause
Necessary and proper
Exceptions Clause
Supreme Court has appellate jurisdiction unless Congress makes an exception
Full Faith and Credit Clause
States must honor the laws and rules of other states
Guarantee Clause
Guarantees all states Republican form of government
Origination Clause
Bills raising revenue must originate from the House.
Presentment Clause
Bills must be presented to the executive.
Subscription Clause
The list of the original signers of the Constitution.
