US Constitution test Flashcards

1
Q

What are the 6 goals of the government- stated in the Preamble

A
  1. Form a more perfect union
  2. Establish Justice
  3. Insure domestic tranquility
  4. Provide for the common defense
  5. Promote General welfare
  6. Secure the blessings of liberty to ourselves and future generations
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2
Q

Popular sovereignty

A

The principal that the people are the source of gov (gov based on people)

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3
Q

Limited government

A

A system in which the governments power is limited

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4
Q

Federalism

A

A system where the powers are shared between the national and state government

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5
Q

Separation of powers

A

A constitutional principal that divides gov into three branches

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6
Q

Checks and balances

A

A system that limits the power of each branch of gov and allows them to respond to each others actions

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7
Q

What are the three parts of the Constitution?

A
  1. The Preamble
  2. The Articles
  3. The Amendments
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8
Q

Article 1- Legislative Branch
Responsibility

A

To make laws

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9
Q

The legislative branch Bi-cameral

A

Means having two houses

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10
Q

What are the two branches of the Legislative branch?

A
  1. House of Representatives
  2. Senate
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11
Q

House of representatives

A

elected every two years(no term limit)

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12
Q

Qualifications to be in House of reps

A
  1. 25 years old
  2. have to be a citizen of US for 7 yrs
  3. Have to live in the state elected to represent
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13
Q

Representation is based off of population. What is the current number of representatives today?

A

435

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14
Q

Vacancies in the house are filled by…

A

writs of election which is called by the governor

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15
Q

Head of the house is called..

A

the speaker- whatever party has the majority in the house is who picks the speaker

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16
Q

House has the sole power of…

A

impeachment

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17
Q

Impeachment

A

a formal accusation of misconduct (this can occur if house believes that president is not fir for position)–if official is impeached trials must be held and if found guilty they are removed from office.

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18
Q

Senate term

A

Elected every 6 years (no term limit)

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19
Q

Qualifications to be in senate

A
  1. 30 years old
  2. citizen of US for 9 years
  3. Live in the state they are elected by
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20
Q

Representation for senate

A

2 per state- 100 in total

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21
Q

Why is the senate is called a continuing body?

A

Every 2 years 1/3 of the senators are up for reelection.

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22
Q

Head of the senate

A

Vice president

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23
Q

The only time the vice president can vote

A

To break ties

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24
Q

In absence of the VP the senate is presided over by…

A

President Pro Tempore

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25
Impeachment trial of the president is carries out in the senate and is presided over by..
the Cheif justice
26
Where do tax bills originate?
House of reps
27
For a bill to become a law:
it must pass both houses by a majority vote- president has 10 days to veto or sign the bill--- if rejected by the president the Congress can override the veto by 2/3 vote
28
Pocket veto
if the president holds a bill for 10 days and the Congress adjourns the bill will not be a law
29
Specific powers given to the Congress are called...
enumerated or expressed/delegated powers
30
Enumerated and expressed powers include...
- regulating trade - coin money - establish post offices tax - tax -punish and define felonies - declare war - maintain a military - Make rules for gov - set immigration laws - pay debt
31
elastic clause
allows Congress to stretch their power- do things beyond what was specifically written in the constitution
32
Writ of Habeas Corpus
prevents/protects you from being falsely accused
33
Ex post facto law ( prohibited from being passed)
Increasing the punishment or sentence for a crime may violate the ex post facto law prohibition. For instance, if someone robbed a bank in the year 2000 and it was considered a felony at the time, they will be charged with a felony even if in 2001 a law was passed making bank robbery a capital offense.
34
Bill of attainder( prohibited from being passed)
A bill of attainder is a law that punishes a person or group of people without a trial. It is unconstitutional in the United States, as prohibited by the Constitution's Article 1, Section 9 and 10
35
States cannot:
1. enter into any treaty, alliance, confederation, or trade 2. declare war 3. Make their own money 4. pass bill of attainder or ex post facto laws
36
Executive branch responsibilty
Enforce laws
37
Head of executive branch
The president
38
Term of president
4 years
39
Electoral college
the way the president is elected and it is determined by the state population and 2 senators
40
Qualifications to serve as president
1. natural born citizen 2. 35 years old 3. resident of US for 14 years
41
To be a natural born citizen
1. born in US 2. anyone whose parents born outside of US but parents are US citizens 3. Live in US territory
42
Powers of president
1. Commander in cheif of US army 2. Make treaties, it has to be approved by senate 3. Fill vacancies during the recess of Senate (nominate ambassadors and federal judges) 4. Grant pardon (get rid of crime)
43
If president leaves office...
vice president takes over
44
Duties of president
1. Take care of laws and allow them to be executed 2. Represent the US with foreign affairs/countries 3. Judge and give Congress information of the senate and union (yearly) 4. Convene both houses under extraordinary circumstances
45
Judicial Branch responsibilty
interpret laws- give meaning to them
46
Supreme Court
Highest court- this court has 9 judges headed by the chief of justice--- rarely take cases, only take them if they greatly affect many people
47
Appellate courts
reviews cases form lower courts
48
Circut courts
lowest courts- Trial or district courts
49
Federal justices are appointed by
President with Senate approval
50
To be found guilty of Treason- crime mentioned in Constiution
1. Help enemies 2. Plan war against US
51
Full faith and Credit clause
each sate must recognize the laws, records, and court proceedings
52
Extradition
governors can demand the return of a criminal
53
Every state is gauranteed...
a republican form of gov and shall be protected from invasion and domestic violence
54
To add to the constitution
1. Congress proposes amendment 2. Voted on by 2/3 of Congress 3. Approved by 3/4 states
55
Supreme law of the land
Constitution (federal law) - found in article 6
56
Constitution became official plan of of gov in...
1788
57
The Bill of Rights
The first 10 amendments
58
The first Amendment- protects expression
- Freedom of religion - Freedom of speech - Freedom of press (journalism, news) - Freedom of assembly (protest) - Freedom of petition of gov (allowed to address gov with issues) These rights protect one from gov, not private institutions
59
Second Amendment
- The right to bear arms - The right to have a trained militia
60
Third Amendment
Freedom from quartering soldiers in ones home
61
Fourth Amendment
Freedom from unreasonable search and seizures
62
Fifth Amendment
- Right to remain silent - Cannot be tried for the same crime twice - Can not be deprived of life, liberty, or property without the gov going through the proper precautions
63
Sixth Amendment
- Right to a speedy and public trial - Right to bring witnesses to testify on ones behalf and one can question witnesses testifying against you
64
Amendment seven
- Right to a trial by jury in a civil case (relationships and disputes between people)
65
Amendment eight
-No cruel or unusual punishments - right to reasonable bail
66
Amendment nine
- Gaurentees any other rights beyond the amendments
67
Amendment ten
the powers not mentioned in the constitution are left up to the states and people
68
Amendment eleven
Prohibits a citizen of one state from suing another state in federal court
69
Amendment thirteen
Forbids slavery in the United States
70
Amendment fourteen
Requires that states give all people equal protection under the law
71
Amendment fifteen
Prohibits denying voting rights because of race
72
Amendment seventeen
Changes the way U.S senators are elected
73
Amendment 18/21
18: Prohibits alcohol 21: repeals amendment eighteen
74
Amendment 26
Allows citizens to vote who are 18 years of age
75
Articles 1-3
Creates the three branches of the U.S gov
76
Article 4
Discusses how states should interact with each other
77
Article 5
How to amend the Constitution
78
Article 6
Supreme Law of the Land (U.S/federal law)
79
Article 7
How to ratify the Consititution In order for the Constitution to become our plan of gov.: 9 states out of 13 had to ratify - first state to ratify: Delaware - ninth state: New Hampshire - Last state (1790): Rhode Island
80
The Amendments
Additions to the Constitution
81
Judicial review
power of the courts examine actions of the Legislative, executive, and administrative arms of the gov to determine if actions are constitutional