United States Constitution Flashcards

1
Q

describe Article I of the Constitution

A

The Legislative Branch

-Establishes Congress:
Senate: 2 representatives for every state, serving for 6 years, and elections every 2 years. President is Vice president to break ties on votes.
HoR: number of reps is based on state population, with a total of 435. They serve 2 years and directly elected by people in their district.

-Outlines Enumerated Powers:
Congress has the ability to tax, regulate commerce, declare war, and raise and support armies.

-The Necessary and Proper Clause
Allows Congress to make laws necessary to carry out its enumerated powers

-Limited Powers
Congress cannot punish those without trial, grant titles of nobility, criminalize actions that were once legal, and detain those without legal justification except in certain cases.

-Powers of the Senate
Can confirm presidential appointments, ratifies treaties, and holds impeachment trials.

-Powers of the House
Can impeach federal officials and originates revenue bills

-Lawmaking Process
Required both houses to pass the same version of a bill, or else a committee will be held, then sent to the President for a veto or approval.

-Powers of President in Legislative
Can approve or veto a bill, which can be overridden with 2/3 vote in both houses. Can also call special sessions of Congress or adjourn Congress if they can’t agree on an adjournment date.

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2
Q

Describe Article II of the Constitution

A

The executive branch

  1. Presidency
    -must be 35+
    -natural born citizen
    -resident for 14+ years (2 4-year terms)
  2. Powers and Duties of President
    -Commander in chief leads u.s. armed forces and can deploy troops
    -Treaties can be negotiated with foreign nations (must be approved with a 2/3 vote)
    -nominated supreme court justices, ambassadors, and cabinet members (must be approved by Senate)
    -can grant pardons for federal crimes,
    except for impeachment
  3. Electoral Process
    -presidents are elected by the electoral college, needing a majority of 270 votes to win.
    -vice president replaces president if they are unable to serve.
    -Succession after is speaker of the house, senate president pro tempore…
  4. Vice President
    -president of Senate and votes to break ties
    -takes over presidential duties if president is unavailable
  5. Checks and Balances
    - Congress can override a veto with 2/3 majority vote
    -appointments and treaties have to be approved by Senate
    -can be impeached by HoR by 2/3 Senate vote after trial
  6. Impeachment
    -due to treason, bribery, or other high
    crimes and misdemeanors
    -The House brings charges of impeachment and Senate conducts trial, removal needing 2/3 senate vote
  7. Evolution of Powers
    -from mostly Congress to executive expanding in foreign policy
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3
Q

Describe Article III of the Constitution

A

The Judicial Branch

  1. Structure
    -Supreme Court is the highest in the U.S. Congress sets number of justices
    -Congress can establish inferior courts as needed.
  2. Judicial Power and Jurisdiction
    - federal cases have the power to decide cases involving the Constitution, federal laws and treaties, disputes between states, foreign govs and citizens, and marine laws.
    -in original jurisdiction, they hear cases listed above. But in appellate, they review decisions made by lower courts.
  3. Judicial Independence
    -Federal judges have lifetime terms no avoid political pressure.
    -Judge salaries cannot be reduced during their time in office.
  4. Treason
    -includes levying war against US and aiding its enemies.
    -one can only be convicted if there’s a confession in open court or there are two witnesses
  5. Checks and Balances
    -judiciary has the power to conduct executive actions or laws unconstitutional
    -Congress can regulate the jurisdiction of the lower courts, and impeach federal judges.
    -The president appoints federal judges, but must be confirmed by Senate
  6. Historical and Contemporary Practice
    -a foundation for a strong judiciary was given but specifics of court and jurisdiction were left to Congress
    -Judicial review has ensure that judicial branches serves its duty
    -debates focus on controversial issues and calls for reforms
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4
Q

describe article IV of the Constitution

A

The Full Faith and Credit Clause with the admittance of new states

  1. Full Faith and Credit Clause:
    -States must honor the public acts, records, and judicial proceedings of other states (e.g., marriage licenses, court rulings).
  2. Privileges and Immunities Clause:
    -Citizens of each state are entitled to the same rights and privileges as citizens in other states.

3.Admission of New States:
-Congress has the authority to admit new states into the Union.
-New states cannot be formed by combining or dividing existing states without Congressional approval and consent of the states involved.
4. Guarantee Clause:
-The U.S. guarantees every state a republican form of government and protection against invasion or domestic violence (upon request from the state government).

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5
Q

describe article V of the Constitution

A

The Amendment Process

1.Proposal:
Amendments can be proposed by:
-A two-thirds vote in both the House of Representatives and the Senate, or
-A national constitutional convention called by two-thirds of state legislatures (this method has never been used).

  1. Ratification:
    Amendments must be ratified by:
    -Three-fourths of state legislatures, or
    -Ratifying conventions in three-fourths of the states.

**
-Article V ensures the Constitution can evolve while maintaining stability.
-The process is deliberately challenging to prevent frequent or hasty changes.

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6
Q

describe article VI of the Constitution

A

The Supremacy Clause

-The Constitution, federal laws, and treaties are the supreme law of the land.
-State laws that conflict with federal law are invalid.

  1. Oaths of Office:
    -All government officials (federal and state) must swear an oath to support the Constitution.
  2. No Religious Test:
    -No religious test can be required as a qualification for holding public office.
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7
Q

describe article VII of the constitution

A

Ratification

  • The Constitution required ratification by nine of the thirteen states to take effect.

2.Significance:
-Article VII reflects the original states’ agreement to adopt the Constitution as the framework for government.

Powers:

-Expressed/Enumerated Powers: Explicit powers granted to the federal government, ensuring a clear delegation of authority.
-Delegated Powers: Broad category encompassing all powers given to the federal government.
-Implied Powers: Powers inferred from the Constitution, allowing adaptability in governance.

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