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Constitutional Law > The United States Constitution > Flashcards

The United States Constitution Flashcards

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1
Q

1.1.1

A

Vesting Clause: Legislative powers vested in a Congress, consisting of a House and Senate

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2
Q

1.2.1

A

Qualifications Clause: Members of the US House are elected every 2 years, voters for representatives shall meet the same requirements that are necessary to vote in the election of the most numerous branch of their respective state legislature.

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3
Q

1.2.2

A

House Requirement Clause: Representatives must be 25 years old, have been a citizen for 7 years, and must live in the state they represent.

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4
Q

1.2.3

A

Apportionment of Representatives and Taxes Clause: Representatives and direct taxes (superseded by A16.1) from the states to federal government must be apportioned based on the population size of the states. A census must be taken every 10 years to update the population counts. In the counts, slaves will count as 3/5 of a person and non-taxed Native Americans will not be counted (superseded by A14.2). There shall not be over 1 representative for every 30,000 people, and each state shall have at least 1 representative.

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5
Q

1.2.4

A

House Vacancy Clause: In the event of a vacancy in the House, the governor of that representative’s state shall issue a writ of election to fill the vacancy.

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6
Q

1.2.5

A

Impeachment Clause: The House shall choose their Speaker and “other officers” and has the sole power of Impeachment

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7
Q

1.3.1

A

Senate Term Clause: The Senate shall consist of 2 senators from each state, chosen by their respective state legislature (Superseded by A17.1), for a term of 6 years. Each senator shall have one vote.

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8
Q

1.3.2

A

Senate Classification Clause: 1/3 of the Senate shall be up for election every 2 years. The state legislatures shall be responsible for appointments of vacant senators (Superseded by A17.2).

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9
Q

1.3.3

A

Qualifications of Senators Clause: Senators must be at least 30, a citizen for 9 years, and be a resident of the state they represent.

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10
Q

1.3.4

A

Senate President Clause: The Vice President shall be the President of the Senate and shall break ties.

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11
Q

1.3.5

A

Pro Tempore Clause: The Senate shall choose a President Pro Tempore and other officers.

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12
Q

1.3.6

A

Senate Trial Clause: Only the senate has the power to try impeachments. The Chief Justice shall preside over trials of the President, and no one shall be convicted without a 2/3 vote of senators present.

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13
Q

1.3.7

A

Judgement Clause: The result of impeachment trials shall at most remove one from office and bar them from holding federal office again. The impeached party may still be subject to punishment under law after the trial.

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14
Q

1.4.1

A

Congressional Elections Clause: The times, manners, and places of holding elections shall be prescribed by the respective state legislatures, but Congress may make laws to alter these regulations, except as to the places of choosing Senators (superseded by A17.1).

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15
Q

1.4.2

A

Congressional Annual Meeting Clause: Congress shall assemble at least once per year, and such meeting shall be on the first Monday of December (Superseded by A20.1).

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16
Q

1.5.1

A

Quorum Clause: Each House of Congress shall judge the elections, returns, and qualifications of its members. A majority of each house constitutes quorum, and a smaller number may adjourn day to day. They can compel attendance under penalties each house provides.

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17
Q

1.5.2

A

Expulsion Clause: Each house may determine rules for proceedings, punish members for disorderly behavior, and with a 2/3 vote of the whole house, expel a member.

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18
Q

1.5.3

A

Journal Clause: Each house shall keep a journal of its proceedings and publish it from time to time unless there’s content deemed requiring secrecy. If 1/5 of members present desire, the yays and nays of members shall be entered into the journal.

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19
Q

1.5.4

A

Neither house shall adjourn for over 3 days or meet in any other place than the capitol building without the consent of the other house.

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20
Q

1.6.1

A

Speech and Debate Clause: Congressmen shall receive compensation paid by the Treasury (See A27.1). In all cases except treason, felony, and breach of the peace, members may not be arrested in session, arriving at session, or leaving session.

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21
Q

1.6.2

A

Ineligibility Clause: Members of Congress may not hold other federal office(s) and members of the executive or judiciary may not hold a seat in Congress. (See A14.3)

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22
Q

1.7.1

A

Revenue Clause: Bills for raising revenue (taxes) must originate in the House, but could be amended by either house thereafter.

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23
Q

1.7.2

A

Presentment Clauses: Bills must pass the House and Senate, then are presented to the President. If the President signs it, the bill becomes law. If not, he must send it back to the house of origin with objections. Then, if 2/3 of that house and then 2/3 of the other house vote to approve the bill, it becomes law. The President has 10 days to sign the bill, or else it becomes law, unless he couldn’t return it due to Congress being in adjournment.

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24
Q

1.7.3

A

Presentment Clauses: The President must approve all joint orders, resolutions, or votes except for those relating to adjournment. These approvals can also be overridden by a 2/3 vote of each house.

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25
Q

1.8.1

A

Spending Clause: Congress has the power to collect taxes to pay for debts, provide for general welfare or common defense.

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26
Q

1.8.2

A

Borrowing Clause: Congress has the power to borrow money on the credit of the United States.

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27
Q

1.8.3

A

Interstate Commerce Clause: Congress has the power to regulate commerce with foreign nations, among the states, and with Indian tribes.

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28
Q

1.8.4

A

Naturalization Clause: Congress has the power to establish uniform bankruptcy and naturalization law.

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29
Q

1.8.5

A

Monetary Policy Clause: Congress has the power to coin money and establish a standard of weight and measures.

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30
Q

1.8.6

A

Counterfeit Currency Clause: Congress has the power to provide for the punishment of counterfeiting currency.

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31
Q

1.8.7

A

Post Office Clause: Congress has the power to establish post offices and post roads.

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32
Q

1.8.8

A

Copyright Clause: Congress has the power to pass copyright law.

33
Q

1.8.9

A

Inferior Tribunals Clause: Congress has the power to establish courts inferior to the Supreme Court.

34
Q

1.8.10

A

Pirate Clause: Congress has the power to establish maritime law

35
Q

1.8.11

A

War Powers Clause: Congress has the power to declare war, grant letters of marque, and make rules regarding the capture of property (Capture Clause).

36
Q

1.8.12

A

Army Clause: Congress has the power to create, organize, fund, and maintain a military force. No funds for funding the military force shall be allocated for a period of over 2 years.

37
Q

1.8.13

A

Navy Clause: Congress has the power to create and maintain a navy.

38
Q

1.8.14

A

Military Rules Clause: Congress has the power to make rules regulating and organizing the land and naval forces.

39
Q

1.8.15

A

Calling of the Militia Clause: Congress has the power to call forth the militia to enforce federal law, suppress insurrection, and repel invasion.

40
Q

1.8.16

A

Militia Organization Clause: The Congress has the power to organize, arm, and organize disciplinary measures within the militia. Congress can govern the national guard when federalized. States have the power to apportion officers and train the militia.

41
Q

1.8.17

A

Enclave Clause: The Congress has the power to execute authority over DC and any land states buy for military purposes or other “needful” buildings.

42
Q

1.8.18

A

Elastic Clause: The Congress has the power to make laws necessary and proper to carrying out their constitutional powers.

43
Q

1.9.1

A

1808 Clause: The Congress shall not prohibit the importation of slaves until 1808, but can exercise a tax of up to 10 dollars per slave until then.

44
Q

1.9.2

A

Suspension Clause: The right to a writ of habeas corpus shall not be infringed upon unless in the case of rebellion or when the public safety may depend on it.

45
Q

1.9.3

A

Ex Post Facto Clause: No bill of attainder (law which automatically convicts someone without trial) or ex post facto law (law which applies retroactively) may be passed.

46
Q

1.9.4

A

Direct Tax Clause: No capitation (flat tax) or other direct tax may be made unless it’s made proportionally to the states. (Superseded for income by A16.1)

47
Q

1.9.5

A

Export Clause: No tax shall be made on exports.

48
Q

1.9.6

A

Commercial Preference Clause: No preference in the regulation of commerce shall be given to any state, nor shall a vessel going from one state to another have to pay the state it enters.

49
Q

1.9.7

A

Appropriations Clause: No money shall be drawn from the Treasury unless in consequence to an appropriations bill. A regular account of the spending of public money shall be made public from time to time.

50
Q

1.9.8

A

Emoluments Clause: The United States federal government shall not grant titles of nobility. No person shall receive a present, emolument, office, or title of a foreign state without the consent of the Congress.

51
Q

1.10.1

A

States shall not enter into treaties, alliances, or confederations. States shall not permit private person(s) to attack other nations, coin money, pass bills of attainder, pass ex post facto laws, pass laws impairing the obligation of contracts, or grant any title of nobility.

52
Q

1.10.2

A

States shall not lay duties on imports or exports unless when absolutely necessary to carry out inspection laws. All profit from these duties shall be given to the Treasury.

53
Q

1.10.3

A

States shall not charge access to ports based on vessel capacity without congressional consent. States shall not keep troops or ships of war without congressional consent. States shall not enter agreements with other governments or engage in war without congressional consent unless invaded or in imminent danger of such.

54
Q

2.1.1

A

The executive power shall be vested in a President and both the President and Vice President shall hold terms of 4 years.

55
Q

2.1.2

A

Each state legislature has the power to determine how their respective state will choose electors. Each state gets a number of electors equal to their number of Senators and Representatives. No Congressman or person holding a federal office shall be an elector.

56
Q

2.1.3

A

Original mode of electing the President, superseded by A12.

57
Q

2.1.4

A

The Congress may determine the time of choosing electors and the day on which they shall elect the President, which shall be uniform throughout the United States.

58
Q

2.1.5

A

The qualifications to hold the office of President of the United States shall be as follows: natural born citizen, 35 years of age, 14 years a resident within the United States.

59
Q

2.1.6

A

In case of the removal, death, resignation of the President, or their inability to discharge their powers and duties, the office of the Presidency shall devolve to the Vice President. The Congress may by law provide for the case of removal, death, resignation or inability of both the President and Vice President.

60
Q

2.1.7

A

The President shall at stated times receive compensation for his services which shall not be increased or decreased within the period for which he shall have been elected.

61
Q

2.1.8

A

The President shall take an oath of office before he begins his term.

62
Q

2.2.1

A

Commander-in-Chief Clause: The President shall be the commander-in-chief of the army and navy, as well of the militia of the several states. The President may request the written opinions of the head of each executive department on matters relating to their duties. The President may grant pardons and reprieves (delays of execution).

63
Q

2.2.2

A

The President shall have the power to make treaties with 2/3 support of the Senate. The President shall appoint Ambassadors, SCOTUS judges, and all other officers of the United States with a majority support of the Senate. The Congress may pass a law to give the President, Courts, or Heads of Departments the sole power to appoint certain inferior officers.

64
Q

2.2.3

A

The President shall have the power to fill vacancies that happen during Senate recess, but the commission ends at the end of the Senate term following the recess.

65
Q

2.3.1

A

The President shall from “time to time” give Congress information on the State of the Union. The President shall have the power to in extreme circumstances convene either or both houses of Congress. The President shall have the power to adjourn Congress when they can not agree on when to adjourn.

66
Q

2.4.1

A

The President, Vice President, and all federal officers shall be removed from Office on Impeachment for and Conviction of Treason, Bribery, or other High Crimes and Misdemeanors.

67
Q

3.1.1

A

The judicial power of the United States shall be vested in one Supreme Court and inferior courts as Congress may establish. The judges of these courts shall hold their offices during good behavior and shall receive compensation for their work.

68
Q

3.2.1

A

The judicial power shall extend to all cases that involve the following:
1. An issue arising under the Constitution, federal law, or treaties
2. An issue involving an ambassador
3. An issue involving maritime disputes
4. An issue involving the United States
5. An issue between 2 or more states
6. An issue between a state and citizen(s) of another state
7. An issue between citizens of different states
8. An issue involving citizens of the same state claiming land in a different state
9. An issue involving citizens and a foreign entity
10. An issue involving a state and a foreign entity

69
Q

3.2.2

A

In cases affecting Ambassadors or where states are parties, SCOTUS shall have original jurisdiction. In the other cases outlines in 3.2.1, SCOTUS shall have appellate jurisdiction (with such exceptions as Congress shall set).

70
Q

3.2.3

A

The trial for all crimes except impeachment shall happen by jury in the state where the crime was committed. When a crime wasn’t committed in any state, the trial shall be in such place as Congress directs by law.

71
Q

3.3.1

A

Treason against the United States may be achieved by:
1. Levying war against the United States
2. Giving aid or comfort to enemies of the United States

No person shall be convicted of treason unless 2 witnesses testify to the same act or there is a confession.

72
Q

3.3.2

A

The Congress may establish punishments for treason, but such may not extend beyond the life of the perpetrator. Additionally, such punishment may not stop family of the perpetrator from inheriting their property.

73
Q

4.1.1

A

States are to respect the public acts, records, and judicial proceedings of every other state.

74
Q

4.2.1

A

Comity Clause: The citizens of each state shall be entitled to the privileges and immunities of the citizens of the several states.

75
Q

4.2.2

A

If someone flees to another state to avoid justice, they shall be extradited to the state where the crime was committed.

76
Q

4.2.3

A

No person fleeing a state where they’ve been legally ordered to labor shall be discharged of such labor for fleeing to a different state. Nearly held moot by A13.

77
Q

4.3.1

A

Congress may admit new states into the Union, but may not admit new states that take the territory of one or more states without their legislatures’ approval.

78
Q

4.3.2

A

The Congress shall have the power to make all necessary rules and regulations regarding the territory and property of the United States. Congress in making these rules shall not compromise the interest of the United States.

79
Q

4.4.1

A

The United States shall guarantee to every state a republican form of government, and protect each state from invasion. On the application from a state legislature (or the executive when the legislature cannot be convened), the United States shall protect the state from domestic violence.

Constitutional Law (1 decks)

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