AP Gov – Constitution Study Guide – Flashcards
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Article I
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Design of the legislative branch. Important ideas include: separation of powers, checks and balances, election of members into Congress, how laws are made, and the powers of Congress
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Article II
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Places power in the hands of a president. Describes how he is elected, how many years he serves, requirements to become the president, and lists his powers
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Article III
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Establishes a Supreme Court. States that the laws of the US are defined in the Constitution, and the Supreme Court has the power to settle disputes between individuals, states, and lower courts.
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Article IV
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Describes the rights of the individual states. Citizens in every state share the same rights, all states function under a republican form of government, and describes the process for admitting new states into the Union.
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Article V
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Grants Congress the power to amend the Constitution, if necessary, if 1/3 of Congress agrees OR 2/3 of the states can call a convention for proposing amendments.
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Article VI
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The Constitution is the law of the land. All treaties, laws, and rulings will be the supreme law, which no state law or otherwise can contradict. Senators and Representatives must take an oath to uphold the Constitution.
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Article VII
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In order for the Constitution to be ratified and put into effect, 9 states much approve.
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Powers denied to Congress
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Cannot suspend the privilege of the Writ of Habeus Corpus Cannot pass a bill of attainder or exacto law
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Powers denied to the states
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Cannot make treaties Cannot raise their own armies/engage in war without Congress's consent
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Eligibility requirements for the House
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25 years of age 7 years a US citizen Must be an inhabitant of the state he/she chooses to represent
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Eligibility requirements for the Senate
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30 years of age 9 years a US citizen Must be an inhabitant of the state he/she chooses to represent
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Eligibility requirements for the President
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35 years of age Natural born citizen 14 years a US resident
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Expressed powers of the President
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Commander and Chief Supreme Court Appointments
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Expressed powers of the Vice President
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President of the Senate
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Expressed powers of Congress
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Collects taxes Declares War
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Executive branch over Legislative branch
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The president can review every bill passed in Congress and can choose to approve or veto it (Article I Section 7)
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Executive branch over Judicial branch
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The president appoints the Supreme Court Justices (Article II Section 2)
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Legislative branch over Executive branch
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Even if the president vetoes a bill, if 2/3 of the House and the Senate still vote for it, it becomes a law (Article I Section 7)
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Legislative branch over Judicial branch
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Congress gets to approve the judiciary appointments (Article II Section 7)
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Judicial branch over Executive branch
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Justices serve for life (cannot be fired) (Article III Section 1)
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Judicial branch over Legislative branch
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Supreme Court declares laws unconstitutional (Article III Section 2)
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Commerce Clause
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Article 1 Section 8: Clause 3 Congress has the power to regulate commerce with foreign nations, among states, and with Indian tribes
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Necessary and Proper Clause
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Article 1 Section 8: Clause 18 Congress has the power to make all laws necessary and proper for carrying out all other powers granted by the Constitution
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Supremacy Clause
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Article VI Federal Constitution and federal law take precedence over state laws and state constitutions
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Habeus Corupus Clause
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Article I Section 9 Federal courts use this Writ to bring a person before the court (hence produce the body) to determine if imprisonment is lawful
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Bill of Attainder
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Article I Section 9 Acts of legislation declaring a person or a group of people guilty of a crime and punishing them without a trial.
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Ex Post Facto Laws
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Article I Section 9 Laws that retroactively change the legal status or consequences of actions that were committed, or laws that change the rules of evidence to make conviction easier.
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Full Faith and Credit Clause
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Article IV Section 1 Addresses the duties that states have to respect the public acts, records, and judicial proceedings of every other state
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Due Process Clauses
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5th and 14th Amendments Implies fair treatment through the judicial system
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Equal Protection Clause
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14th Amendment Implies that no state shall deny a person within its jurisdiction the equal protection of the laws; the law applies the same way to everyone.
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1st Amendment
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Freedom of speech, religion, press, assembly, and petition
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2nd Amendment
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Right to bear arms
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3rd Amendment
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Right to not have to quarter soldiers (only really applied during the F&I War and the Revolution)
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4th Amendment
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Freedom from unreasonable searches and seizures, probable cause, cannot be arrested without a warrant
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5th Amendment
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Right to a trial by jury (Habeus Corpus) , cannot be prosecuted twice for the same offense (double jeopardy), freedom from self-incrimination, due process
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6th Amendment
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Right to be informed of charges, right to call defense witnesses, right to have a lawyer
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7th Amendment
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Right to a jury trial in civil cases
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8th Amendment
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Freedom from excessive bail and cruel/unusual punishment
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9th Amendment
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Guaranteed rights even if they are not listed in the Constituion
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10th Amendment
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Any power not given to the federal government is given to the people and the states
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11th Amendment
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Sovereign immunity; the federal government is immune from any criminal prosecution, civil suit, and cannot commit any legal wrongdoing
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12th Amendment
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Election procedures
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13th Amendment
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Abolition of slavery
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14th Amenment
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Citizenship for slaves
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15th Amendment
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Voting rights for slaves
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16th Amendment
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Congress can levy an income tax
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17th Amendment
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Direct election of Senators
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18th Amendment
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Prohibition
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19th Amendment
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Women's suffrage
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20th Amendment
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Sets the dates at which federal government elected offices end and defines who succeeds the president if he dies in office
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21st Amendment
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Repeal of prohibition
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22nd Amendment
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Limitation of a presidential term of office
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23rd Amendment
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Voters in Washington DC are given the right to vote for presidential electors
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24th Amendment
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Abolition of poll taxes
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25th Amendment
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Succession of offices of the president
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26th Amendment
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Voting age: 18
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27th Amendment
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Limits the power of Congress to increase its own salaries
