Three Branches of Govt Flashcards
In what Article is legislative branch and powers the subject of?
Article I
Legislative Branch exists as a bicameral (2 house) Congress. What caused this to happen?
Compromise between Large states (led by VA) and smaller states (countered with NJ Plan). Connecticut offered the Great Compromise, which meant this 2-house legislature would have equal representation in the Senate (2 per state) and House of Reps (reps based on population)
Where specifically is the delegated powrs of Congress expresed?
Article I, Section 8.
What are 5 economic powers of the legislative branch?
- Lay & collect taxes
- Borrow money
- Regulate foreign & interstate commerce
- Coin money and regulate its value
- Establish rules concerning bankruptcy
What are 3 judicial powers of the legislative branch?
- Establish courts inferior to Supreme Court
- Provide punishment for counterfeiting
- Define and punish piracies and felonies committed on the high seas
What are 4 war powers of the legislative branch?
- Declare war
- Raise\support armies
- Provide\maintain a navy
- Organzing, arming, and calling forth militia
What are 4 peace powers of the legislative branch?
- Establish rules on naturalization
- Establish post offices and post roads
- Promote science and arts by granting patents and copyrights
- Exercise jurisdiction over the sea of fed govt (District of Columbia)
What is the eleastic clause?
Grants Congress implied powers to implement te delegated powers; included in Constitution
Who has power to impeach federal officials and remove them from office?
Legislative Branch (Congress)
What Article empowers Congress to propose amendments to the constitution?
Article V
What amount of the majority in both houses is necessary for passage of amendments?
2\3
What amount is needed for an amendment to become part of the Constitution?
3\4 of states much ratify the amendment
What specific Article and Section denies certain powers to the national legislature?
Article I, Section 9
What is one major thing Congress prohibited to do?
- Congress cannot suspend habeas corpus (a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.)
What are 2 events where habeos corpus can be suspended?
- War
2. rebellion
The work of Congress is organized by a _______ system.
Committee
What committee irons out conflicts of a bill between the two houses?
The Conference Committee
What are some examples of issues committees in Congress address?
Agriculture, budget, energy
What committee is found in the House of Representatives but NOT the senate?
Rules Committee
What is the responsibility of the Rules Committee?
Weeds out bills that are not worth being considered before being passed on to the full House
According to the constitution, what type of bill MUST originate int he House of Represenatives?
Revneue-raising bills
A bill becomes a law begins with it being introduced to either the House or Senate. After introduced, the House\Senate sends it to what?
Subcommittee
After a bill passes through House\Senate and the subcommittee, where does it go?
It returns to the full committee where it decides if bill should be sent to full chamber to be debated
Where is a fillibuster not permitted and why?
In House of Representatives because of size (435)
The Reapportionment Act of 1929 states what?
The size of the House of Representatives is fixed at 435.
What are the 3 qualifications for someone to become a member of the House of Representative?
- 25 y\o
- US Citizen for at least 7 years
- Must be resident of state they want to represent
How long are House of Rep terms?
2 Years
What are 3 qualifications for someone to become a senator?
- 30 Y\o
- Citizen for at least 9 years
- Inhabitant of state they want to represent
According to qualifications of what allows one to become a senator or a House member, which one is typically to have younger members?
The house, b\c you only need to be 25 to qualfiy
How long are senators terms?
6 years
Who is the president of the Senate?
Vice President
What article discusses the executive branch?
Article II
What are the president’s principal constitutional responsibilities?
- Serve as commander-in-chief of armed forces
- Negotiate treaties (with approval of 2\3 of Senate)
- Appoint ambassadors, judges, and other high officials (w. consent of Senate)
- Grants pardons and reprieves for those convicted of federal crimes (except impeachment cases)
- Seeks counsel of department heads (Cabinet heads)
- Recommends legislation
- Meets with reps of foreign states
- Sees that laws are faithfully executed
How can a presidential veto be overriden?
If there is a 2\3 vote by both Senate and the House (Legislative Branch)
What is a “pocket-veto” ?
When a president neither signs nor rejects Bill, and Congress adjourns (post-pones) within 10 days of his receipt of the legislation
Where is the establishment of a Cabinet discussed in the constitution?
Article II, Section 2
How many cabinet departments currently exist?
15
What is the most recent cabinet that has been created?
Homeland Security (2003)
What are the 15 cabinets?
- Secretaries of Agriculture
- Commerce
- Defense
- Education
- Energy
- Health and Human Services
- Homeland Security
- Housing and Urban Development
- Interior
- Labor
- State
- Transportation
- Treasury
- Veterans Affairs
- Attorney General.
What is considered the most critical agency of the Executive Office?
Office of Management and Budget; controls budget process for nat’l govt
What are some key Executive Offices?
- Management and Budget
- Council of Economic Advisors
- National Security Council - advises president on matters that threaten safety of nation and directs the CIA)
Qualifications to become a president?
- 35 y\o
- Natural-born citizen
- Resided in US for min of 14 years
What Article states that president and vice president must be elected by Electoral College?
Article II
How many votes are in the Electoral College and how is it created?
538.
It is comprised of total number of Congress + 3 additional for District of Columbia.
100 (Senate) + 435 (House) + 3 (DC) = 538
If the President and the Vice President were both unable to serve the presidential position, who is next to serve?
Speaker of the House (leader of H.o.R)
What act states that the Speaker of the House is next in line to be pres if pres and vice pres can’t?
The Presidential Succession Act (1947)
What is the 25th Amendment?
Ratified in 1951.
- Gives president power to appoint new Vice President (w/ approval of a majority of both houses of Congress)
- Allows VP to serve as Acting President if chief executive is disabled or unable to carry out the duties of office
What is the 22nd Amendment?
President cannot serve more than 2 terms.
What article discusses the Judicial Branch?
Article III
What articles discuss the Legislative Branch, Executive Branch, and Judicial Branch respectively?
- Legislative: Article I
- Executive: Article II
- Judicial: Article III
What did the Judiciary Act of 1789 do?
Judiciary Act of 1789 established\organized the Supreme Court and set up 13 federal district courts.
What is “original jurisdiction”?
To hear cases in the 1st instance
What courts have original jurisdiction for both civil and criminal law?
District Courts
What courts hear federal cases that are being appealed?
Courts of Appeal
What is the Supreme Court made out of?
How many members are there all together?
Chief Justice and 8 Associate Justices
9 Members all together
How are Supreme Court members appointed and how long do they serve?
Appointed by president with approval of Congress and serve for life
What is Judicial Review?
Power to determine the constitutionality of laws and actions of legislative and executive branches
What case established Judicial Review?
Case of Marbury v. Madison (1803)
How to Supreme Courts choose cases for review?
Based on whether they address substantial federal issus
How many justices need to vote yes for a case to be reviewed?
4 out of 9
What are “writs of certiorari”?
Orders calling up the records from a lower court
When are writs of certiorari issued?
When 4 out of 9 Supreme Court justices vote to review a case.
What is the ONLY court established by the Constitution?
Supreme Court
How were other courts (federal District Courts, Courts of Appeal, special courts at the federal level) created?
By Congress, NOT the constitution
What court handles conflicts between citizens and the Internal Revenue Service (IRS)?
US Tax Court
What does the Court of Claims deal with?
Court of Claims hears cases which citizens bring suit against the US
What is the Rules Committee?
The House Rules Committee considers all bills reported from policy and fiscal committees and determines whether, and in what order, to schedule their consideration on the floor of the House.
