The US Constitution Flashcards
Presidential Requirements
-35 years old, natural born citizen, 14 years a resident of the US
Article 1 Section 8 of the Constitution outlines…
The powers of congress
Congress is composed of
The House of Reps and Senate
The house of reps serve
For two years
The senate is re-elected as a whole every
6 years
House of reps requirements
- 25
- Citizen for 7 years
Who chooses the speaker of the house
HOR
Who can impeach the president
The HOR
Who holds court for impeachment trials
The senate
Senate requirements
- 30
- 9 year citizen
Who manages congressional elections
The states
Where does election law fall under
Reserved powers for states
Article 1 of Constitution
Legislative Branch
Article 2 Section 2
Powers of the President
Article 2
Executive Branch
Article 3
Judicial Branch (shortest of them all)
Article 3 Section 2
Powers of the judiciary; also outlines original jurisdiction of Supreme Court
Article.4
State’s rights and expectations
Article 4 Section 2
Privileges and Immunities Clause: citizens of one state be treated equally as citizens of other states
Article 5 of constitution
Amending the constitution
Article 6 Clause 2
Supremacy clause
Article 6 of the constitution outlines
Debts, Supremacy, Religious tests, and oath
Article 7
Ratifying constitution
How many states were needed to ratify the constitution
9
Two methods of proposing an amendment
2/3 congress
2/3 state approval @ convention
Two methods of ratifying a constitution
3/4 of congress
3/4 of states approval @ convention
1 amendment
Freedom of religion, speech, press, assembly, and petition against the government without consequence
2nd amendment
Right to bear arms
3rd amendment
No forced quartering of soldiers
4th amendment
Protests against unreasonable search and seizure
5th amendment
Double jeopardy, self-incrimination, no deprivation of natural rights without due process, eminent domain
Eminent domain
Power of government to take private property for public use
6th amendment
Right to speedy and public trial by an impartial jury
7th amendment
Right to trial by jury
8th amendment
No excessive bail or cruel/harsh punishment
9th amendment
Protects unenumerated rights/// all rights not listed under the constitution are thus delegated to the people
10th amendment
Powers reserved to states are those not delegated to the federal government, and those that are not prohibited by the constitution
11th amendment
One state cannot be sued by another state
12th amendment
Election of Vice President and president
13th amendment
Abolished slavery, except as punishment for a crime (1865)
14th amendment
Declares that all persons born in the US are citizens and are guaranteed equal protection of the laws
15th amendment
Citizens cannot be denied rights to vote on the basis of race, color, or previous condition of servitude
14th amendment repeals
3/5 compromise
16th amendment
Allows the federal government to collect income tax
17th amendment
Direct election of senators by the people (1913)
18th amendment
Prohibition of alcohol
21 amendment repeals
18th amendment
19th amendment
Woman’s suffrage // woman’s right to vote 1920
20th amendment
Congress begins on Jan 20, presidency starts Jan 20th// shortens gap for Lame Duck gap
22nd amendment
Limit presidency for 2 terms
23rd amendment
Gives Washington DC electoral college votes as if it were a state
24th amendment
No poll tax
25th amendment
Presidential Succession
26th amendment
Lowered voting age from 21 to 18
27th amendment
Congressional pay raises are not begun until the next election
What is outlined in the preamble
In order to form a more perfect Union
- establish Justice,
- insure domestic Tranquility,
- provide for the common defence,
- promote the general Welfare,
- secure the Blessings of Liberty to ourselves and our Posterity,
What are the requirements to be convicted of treason
- plan to overthrow the government
- side with or assist an enemy of the United States
- have two witnesses
In what year was the bill of rights ratified
1791
In what article is treason outlined in the constitution
Article 3 Section 3
Powers of Congress
- must agree to all treaties and actions with foreign relations
Congress must meet…
Once every year
Proposed amendments have to ratified within
7 years
Supremacy Clause
The Supremacy clause states that the Constitution, federal law, and treaties are all supreme laws of the land. This means that..
- state law conflicting national law is unconstitutional and federal law takes precedence
- essential to Constitutional republic
- AOC wasn’t this way
Privileges and Immunities Clause
The Privileges and Immunities Clause declares that states can not pass any laws which abridge the fundamental rights of Citizens.
- Are required to ensure citizens rights listed under the Bill of Rights
- 14th Amendment, Reconstruction Amendment, originally for freed slaves
Necessary and Proper Clause
The necessary and proper clause grants congress implied powers; powers not listed under the constitution but are ‘necessary and proper’ to carry out enumerated powers
- Congress can pass laws that give them implied powers
- expands national gov’s policymaking ability (elastic clause)
- United State’s first national bank
Full Faith and Credit
Full Faith and Credit declares that states must follow the laws and court proceedings of other states.
- Citizens cannot commit violations in other states and seek refuge in their own
- Ensures state respect for authority and unity
- Although found under the AOC, states didn’t follow and acted independently of each other
bills of attainer
Bills that convicted someone without crime
Enumerated Powers of the PResident
- Nominates key executive officers
- Commander in Chief of military; raise army
- Negotiates treaties with foreign nations
- May veto bills from congress (CB)
- Nominate justices (CB)
Judicial Expressed powers
- interprets constitution
- original jurisdiction over state disputes and disputes between ambassadors or high-ranking ministers
- appellate jurisdiction “Court of LAst Resort”
- Judicial Review (CB)
ex post facto laws
laws that convict someone of a crime that wasn’t a crime when the person committed it
Legislative Branch Enumerated Powers
- make laws
- declare war and ratify treaties
- Power of the purse
- approve presidential nominations; justice and officers
- Override presidential veto (CB
- Impeach justices and president (CB)
Fugitive Slave Clause
- slaves, even if they fled to a free state, must return to their masters no matter what state law sats
- Effective until after 1808
Compromise on Importation
-Congress can not pass laws that prohibit the importation of slaves before the year of 1808
Equal Protection Clause
The equal protection clause declares that all persons deserve equal protection of the laws regardless of who they are. Laws that apply to some, apply to all.
- 14th amendment
- reconstruction
- made for slaves
Establishment Clause
the establishment clause states that congress cannot pass a law that is respective or restrictive or religion.
- this means that there is a separation of church and state
- found under 1st amendment
- all citizens have the freedom to pursue religion and freedom from having religion forced on them
Commerce Clause
- Congress can regulate national commerce.
- interstate
- foreign
- Indian tribes
- under AOC, this was just states