US Constitution Test Study Guide Flashcards
Where does the power of the DoI come from?
The people
What is the purpose of the DoI?
Colonists wanted to be free of England and explained reasons why.
When was the DoI signed and approved?
July 4, 1776
Who wrote the DoI?
Thomas Jefferson
What is popular sovereignty?
The idea that govt can only get its power from the people.
What group signed and approved the Const?
The Const Convention
When was the Const signed and approved?
September 17th, 1787
Who is known as the father of the Const?
James Madison
What was the Great Compromise?
Settled disagreements between small and large states over how many representatives in Congress by creating two houses
What is in the Const?
Preamble, articles and amendments
What is the Preamble?
First part of the Const, stated belief govt gets its powers from the people
How many articles are in the Const?
7
How many amendments are in the Const?
27
What do the first 3 articles of the Const do?
Established idea of separation of powers, outlines three branches of govt
What is the Bill of Rights?
The first 10 amendments
What did the Const establish?
Federalism and Separation of Powers
What is Federalism?
The divide of power between a national and state govts
What is Separation of Powers?
The divide of govt into 3 separate but equal branches.
What are the types of powers given to the govt?
Reserved, Concurrent, Exclusive, Delegated
What are reserved powers?
Powers given to the states if the powers are not given to the federal govt or not forbidden to the states.
What are concurrent powers?
Powers given to both state and federal govt
What are exclusive powers?
Powers only given to the national govt
What are delegated powers?
Powers given to Congress in Article I of the Constitution
How often must Congress meet?
At least every year
What article of the Constitution states how often Congress must meet?
Article I
What powers does Congress have?
Declare war, set federal tax rates, regulate immigration
What powers are denied from Congress?
Recognize other nations, Ex Post Facto Laws, Habeas Corpus
What does Ex Post Facto Laws mean?
To make an act illegal after the act was done and
prosecute someone for it.
What is Habeas Corpus?
Unjust indefinite imprisonment
How many senators are in the US Senate?
100 (2 from each state)
What are the requirements for becoming a US senator?
30 years old, citizen for 9 years
How long are the terms for a US senator?
6 years
How many members are in the US HoR?
435 members (members per state based on state populations)
What are the requirements for becoming a representative in the US HoR?
25 years old, citizen for 7 years
How long are terms for representatives in the US HoR?
2 years
Who presides over the Senate?
Vice President or President Pro Tempore
Who presides over the HoR?
Speaker of the House
Through what process is the president elected?
Electoral College
What decides what a state’s electoral college votes go to?
Popular vote, winner takes all
Can the president declare war?
No (big myth)
What is the Cabinet and what does it do?
They are the heads of Executive Departments and they advise the President
How does a Cabinet member become a Cabinet member?
They are appointed by the President and approved by the Senate
What are the requirements for becoming the President?
35 years old, lived in the US for 14 years, natural born citizen
What powers does the president have?
Commander in Chief, recognizes other nations
What does the V.P. do?
Takes the place of the president if necessary
How do national judges become national judges?
Appointed by President and approved by the Senate
How long do national judges serve for?
For life
What is the main power of the US Judicial Branch?
Judicial Review
What is Judicial Review?
Courts power to review Legislative and Executive actions
In what case was Judicial Review established?
Established by Marbury v Madison
What did the case Brown v Board of Ed Topeka Kansas do?
Overruled laws stating segregation was legal
What are the types of courts on the national level?
District Courts, Courts of Appeals, and Supreme Court
What is the only crime defined in the Const?
Treason
What is treason?
Making war against the US or aiding an enemy
What are the requirements for being convicted of treason?
Must confess in open court or have two eyewitnesses testify against them
What does the 1st amendment do?
Provides freedoms to express self and disagree and criticize the government, freedom to observe any religion one wishes
What do the 5th and 6th amendments do?
Give rights when accused of a crime:
- Can not be forced to testify against self.
- Can not be tried for same crime twice
- Right to a speedy and public trial
What does the 10th amendment say?
Powers not given to Congress and not forbidden to the states are powers reserved and belong to the states. (Reserved Powers)
What did the 13th amendment do?
Prohibited Slavery and involuntary servitude
What does the 14th amendment say?
All people born in the US are citizens
What does the 16th amendment say?
Congress has the power to levy and collect taxes
What did the 18th amendment do?
Prohibited the making, sale or consumption of alcohol, aka prohibition
What did the 21st amendment do?
Repealed the 18th Amendment allowing the making, sale and consumption of alcohol legal
What did the 22nd amendment do?
Limited presidents to two terms, created by FDR
