United States Constitution Flashcards
describe Article I of the Constitution
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.
Describe Article II of the Constitution
The executive branch
- Presidency
-must be 35+
-natural born citizen
-resident for 14+ years (2 4-year terms) - 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 - 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… - Vice President
-president of Senate and votes to break ties
-takes over presidential duties if president is unavailable - 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 - 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 - Evolution of Powers
-from mostly Congress to executive expanding in foreign policy
Describe Article III of the Constitution
The Judicial Branch
- Structure
-Supreme Court is the highest in the U.S. Congress sets number of justices
-Congress can establish inferior courts as needed. - 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. - Judicial Independence
-Federal judges have lifetime terms no avoid political pressure.
-Judge salaries cannot be reduced during their time in office. - 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 - 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 - 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
describe article IV of the Constitution
The Full Faith and Credit Clause with the admittance of new states
- Full Faith and Credit Clause:
-States must honor the public acts, records, and judicial proceedings of other states (e.g., marriage licenses, court rulings). - 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).
describe article V of the Constitution
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).
- Ratification:
Amendments must be ratified by:
-Three-fourths of state legislatures, or
-Ratifying conventions in three-fourths of the states.
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-Article V ensures the Constitution can evolve while maintaining stability.
-The process is deliberately challenging to prevent frequent or hasty changes.
describe article VI of the Constitution
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.
- Oaths of Office:
-All government officials (federal and state) must swear an oath to support the Constitution. - No Religious Test:
-No religious test can be required as a qualification for holding public office.
describe article VII of the constitution
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.