U.S. Constitution & Acts of Congress

Question 1

Article I

Answer 1

The Legislative Branch

Question 2

Article II

Answer 2

The Executive Branch

Question 3

Article III

Answer 3

The Judiciary Branch

Question 4

Article VI

Answer 4

Constitution, Laws made under it, and all Treaties made are the Supreme Law of the land

All Judges are bound by it.

All government officials of US and States must take oath to support Constitution.

No religious test required for office.

Question 5

Article I, Section 2

Answer 5

The House of Representatives

Question 6

Article I, Section 8 and 9

Answer 6

Powers of Congress

Question 7

Article I, Section 3

Answer 7

The Senate

Question 8

Article I, Section 7

Answer 8

The making of Laws

Question 9

Article I, Section 10

Answer 9

Restrictions against the States

Question 10

Article II, Section 1

Answer 10

The Structure of the Presidency, Elections, Oath of Office

Question 11

Article II, Section 2 and 3

Answer 11

The Powers of the President

Question 12

Article III, Section 1

Answer 12

Structure of the Courts

Question 13

Article III, Section 2

Answer 13

The Powers and Jurisdiction of The Supreme Court

Question 14

Article III, Section 3

Answer 14

Defines the crime of treason against U.S. -

“levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.”

To convict here must be by two witnesses or a confession in open court.

Congress has power to determine punishment

“but Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the life of the person attainted.”

Question 15

Amendment XXII

Answer 15

Defines the Terms of Office of the Presidency

Question 16

Amendment X

Answer 16

Reserves the Powers not mentioned to the States and the People

Question 17

US Supreme Court Jurisdiction

Answer 17

Original Jurisdiction: - ambassadors, ministers, or consuls; - states are party to

Appellate Jurisdiction - regulated by Congress

Trial of Impeachment of President - Chief Justice presides

Question 18

War Powers Act (1973)

Answer 18

Joint resolution to define and limit the President’s war powers during the Korean War. Congress did not want the President taking part in international conflicts without their consent and approval but allowed for him to temporarily enter conflict as he judged necessary though he would be required to withdraw after 60 days without approval.

Question 19

Gulf of Tonkin Act (1964)

Answer 19

Broad commission to the President for the making of war in Southeast Asia. Granted power to take all necessary measures to repel and prevent enemy attack. Gave way to the Vietnam War

Question 20

Authorized Use of Military Force Act (2001)

Answer 20

Following the attacks of 9/11, Congress gave authorization to President Bush to attack all people, organizations, and governments affiliated with the terrorist group Al Qaeda in order to defend and protect the nation from further terrorist attacks.

Question 21

Judiciary Act of 1789

Answer 21

Changed the original jurisdiction of the Supreme Court.

Question 22

Organic Act of 1801

Answer 22

An Organic Act is when United States Congress establishes a territory of the United States or an agency to manage certain federal lands.

District of Columbia Organic Act of 1801 incorporated Washington, D.C. and placed it under the exclusive control of Congress. Jefferson lowered the number of Justices of the Peace (JOPs) from 42 to 30.

Question 23

Judiciary Act of 1801

Answer 23

The Act reduced the number of seats on the Supreme Court from 6 to 5. It was a political move done so Jefferson couldn’t appoint another justice. Removed circuit riding for judges.

Reorganized the circuit courts, doubling them from 3 to 6 and created three new circuit judgeships for each circuit.

Reorganized the district courts, creating 10. It gave the circuit courts jurisdiction to hear “all cases in law or equity, arising under the constitution and laws of the United States, and treaties made, or which shall be made, under their authority.”

Question 24

Judiciary Act of 1802

Answer 24

Judiciary Act of 1801 was repealed by the Democratic-Republican majority led by Jefferson, earlier in 1802.

Judiciary Act of 1802 restructured the circuit courts into 6 circuits, and assigned one Supreme Court justice to each circuit. No new circuit judgeships were created, so the justices had to return to the practice of circuit riding. This was done to keep judges in touch with the people.

Question 25

Amendatory Act of 1802

Answer 25

Changed the Supreme Court Session from twice a year to only once a year - 4 week term, and put SCRT justices on circuit twice a year. SCRT could only meet once.

Gave Justice Marshall lots of time to come up with his decision for Marbury v. Madison.

Question 26

Departmental Theory

Answer 26

Each branch determines what is Constitutional within their own branch of government.

Question 27

Detainee Treatment Act (2005)

Answer 27

Provisions relating to treatment of persons in custody of the Department Defense, and administration of detainees held in Guantanamo Bay, Cuba:

• Prohibiting “cruel, inhuman, or degrading treatment or punishment”
• Requiring military interrogations to be performed according to the U.S. Army Field Manual for Human Intelligence Collector Operations
• Directs the Department of Defense to establish Combatant Status Review Tribunals (CSRTs) for persons held in Guantanamo Bay
• Gives D.C. Circuit Court of Appeals authority to review decisions of CSRTs.
• Requires that habeas corpus appeals for aliens detained at Guantanamo be per the DTA, though offers no specific provisions for it.
• Immunity for goverment agents & military personnel from civil and criminal action for using interrogation techniques that “were officially authorized and determined to be lawful at the time they were conducted”

Used by the Supreme Court to hear the Hamden v. Rumsfeld

Question 28

UCMJ

Answer 28

Uniform Code of Military Justice

Question 29

Commerce Clause

Answer 29

Article 1, Section 8, Clause 3:

“To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes”

Question 30

Necessary and Proper Clause

Answer 30

“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Question 31

Presidential War Powers

Answer 31

Article 3, Section 2, Clause 1:

“The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States”

Question 32

Habeas Corpus

Answer 32

Habeas Corpus is a legal action which requires a person under arrest to be brought before a judge or into court to find legitimacy of a prisoner’s custody.

Article 1, Section 9, Clause 2:

“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”

Question 33

Supremacy Clause

Answer 33

State sovereignty doesn’t exist and federalism exist as dual sovereignty
National governments and states are supreme in their individual realms
When they conflict, the National government takes all
b. The courts have been ignoring the 10th amendment in most decisions made concerning state and federal supremacy
i. Don’t want to address the issue
ii. Much easier to give a straight shot answer rather than define explicitly the balance of power

Question 34

Amendment XII

Answer 34

Changed the Electoral College in order to allow different election of a Vice President

Question 35

Amendment XXV

Answer 35

Establishes rules of succession to Presidency upon disability or removal. The Vice President and Congress can