question

How does the opening of the Preamble express popular sovereignty?

answer

it gives the people the power to adopt their own constitution and propose/adopt amendments

question

6 goals stated in the preamble

answer

1)form a more perfect union 2)establish justice 3)insure domestic tranquility 4)provide for the common defense 5)promote the general welfare 6)secure the blessings of liberty

question

Which branch is described in Article One?

answer

Legislative Branch

question

What did section 1 of Article one provide for?

answer

Senate and House of Reps

question

Who are "the electors" of the members of the House of Reps?

answer

the states

question

What are the three requirements for being in the House of Reps?

answer

1)at least 25 years old 2)have been a U.S. Citizen for the past 7 years 3)be (at the time of the election) an inhabitant of the state they represent

question

What is the term of office for a member of the House of Reps?

answer

2 years

question

In clause 3, how was the provision for direct taxes changed?

answer

apportioned among several states in the Union

question

What eliminated the 3/5ths Compromise? (Clause 3)

answer

was eliminated by adding free people and slaves to the whole # and excluding Indians

question

What is the basis for the number of Reps?

answer

# of reps cannot exceed one for every 30,000; each state has at least one rep based on the pop. of state

question

What is the limit placed on the number of Reps today?

answer

435

question

What is the sole position in the House that is mentioned in the Constitution?

answer

speaker of the house

question

Which House has the power of impeachment?

answer

House of Reps

question

How many Senators are there from each states?

answer

2

question

How long is the term of office for a Senator?

answer

6 years

question

Who chose the Senators in the original Constitution?

answer

state legislature

question

How did "classes" of Senators bring about a staggered system of election?

answer

first class: 2nd year second class: 4th year third class: 6th year *((One third may be chosen every 2nd year))

question

List the qualifications for being a senator

answer

1)30 years old 2)U.S. citizen for 9 years 3)have fulfilled the requirements for residing in the state you choose to represent

question

In clause 4, who is Prez of the Senate?

answer

the Vice prez

question

When does the Prez of the Senate get to vote?

answer

in the case of a tie

question

What is the substitute position for when the president of the Senate is absent?

answer

pro tempore

question

What power does the Senate have in impeachments?

answer

sole power to try all impeachments

question

Who presides if it is the prez who is being tried for impeachment?

answer

chief justice

question

what percentage of vote is needed to find someone guilty of impeachment?

answer

2/3 or 66%

question

in clause 6, what is the penalty for conviction for impeachment?

answer

removal from office and disqualification from holding any office

question

What two things does impeachment NOT prevent?

answer

1)court trial 2)punishment under law

question

What level of government authority controls the election process or manner in which members of congress are elected? Is their authority absolute?

answer

state legislature; authority NOT absolute bc congress may interfere

question

Under section 5, how were the rules of the House and Senate determined?

answer

each house will be the judge of their own elections and qualifications of members, and the house will determine its own rules

question

Define quorum

answer

the minimum # of members of a society that must be present at any of its meetings to make the proceedings valid

question

What is the ultimate punishment of a member of either House, and how many members must agree to this punishment for it to be enacted?

answer

ultimate: expulsion 2/3 must agree

question

What percentage of members of each House can request that a vote in their house be officially recorded (as Yeas and Nays)?

answer

1/5 or 20%

question

What is the rule for adjournment that both Houses must share?

answer

during the session of Congress, they shall not adjourn for over three days without the other court's consent

question

Section 6, what two immunities are granted members of Congress?

answer

1) immune from arrest; except treason, felony, and breach of peace during attendance to a session of which house they're in 2) for any speech or debate in either house, they shall not be questioned in any other place

question

What are the two main restrictions in Sec 6, clause 2

answer

1) no senator or rep. will be put into any civil office 2) no person holding any office under the U.S. can be a member of either house during his continuance in office

question

Where must all revenue bills originate (sec 7 clause 1)?

answer

House of Reps

question

What can the Senate do to revenue bills?

answer

Senate can propose or agree with Amendments and other bills

question

How can a Bill become law if the President vetoes it?

answer

a vetoed bill goes back to the Congress, and if 2/3 members of the House and Senate vote for it, it becomes a law

question

What percentage of both houses of Congress must agree to override a veto?

answer

2/3 or 66%

question

When can a bill become a law without the president's signature?

answer

if the prez hasn't signed it within 10 days of vetoing it, it can become a law

question

What happens after ten days if the prez doesn't sign a bill?

answer

still will become a law unless the congress (by their adjournment) prevents its return

question

What other Congressional requires a presidential sig.?

answer

joint resolutions

question

Which exception does your book provide to requiring a prez sig.?

answer

may be repassed later if 2/3 of House of Reps and Senate agree to

question

List the expressed powers of Congress listed in Section 8, clause 1

answer

1) collect taxes, duties, imposts and excises to pay debts and provide defense 2) borrow money on the credit of the U.S. 3) regulate commerce with foreign nations 4) make laws regarding neutralization and bankruptcies 5) coin money and establish standards for weight and measurements 6) provide punishment for counterfeiting U.S. money 7) establish post offices and roads 8) promote commerce and the arts by granting copyrights and patents 9) constitute tribunals inferior to the supreme court 10) punish pirates cut in international waters 11) declare war 12) raise and support armed forces for national defense 13) provide and maintain a navy 14) make rules for gov't and regulation of land/naval forces 15) call forth militia in order to maintain order 16) provide for organizing, arming, and disciplining the militia 17) exercise legal control over all places owned by the U.S. 18) make all laws that are necessary and proper to carry out their responsibilities under the constiution

question

What did clause 2 establish?

answer

congress can borrow money and create credit

question

What is the purpose of the "elastic clause" (clause 3), and what power does it provide?

answer

it grants congress the power to pass all laws necessary and proper for carrying out the numbered lists of powers

question

There are 12 denied powers of Congress listed in 8 clauses (define some)

answer

1) Congress cannot prohibit the importation of slaves after 1808 2) Congress cannot suspend writ of habeus corpus 3) cannot issue bill of attainder of export facto (punishing someone without a trial) 4) no direct tax laid unless in proportion to census 5) no tax or duty shall be laid on articles exported from state to state 6) no preference given to states in regulation of commerce 7) no money drawn from treasury 8) no title of nobility granted by U.S.

question

How is the list of powers in section 9 different from those listed in section 8?

answer

Sect. 8 grants powers, sect. 9 restricts powers

question

From Section 10 clause 1, list the eight powers denied to the states

answer

1) can't enter into any treaty, alliances or confederation 2) can't grant letters of Marque and Reprisal 3) can't coin money 4) can't emit Bills of Credit 5) can't make anything but gold and silver coin as a payment of debts 6) can't pass any bill of attainder export facto law 7) can't make a law impairing the obligation of contracts 8) can't grant any title of nobility

question

What power is denied to the states under most circumstances in clause 2?

answer

can't lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection of laws

question

What happens to any money raised through duties (taxes) on imports or exports by the states?

answer

it shall be for the use of the treasury

question

What six powers are denied to the states in clause 3? What is the exception?

answer

1) can't lay any duty of tonnage 2) can't keep troops in time of peace 3) can't keep ships of war in time of peace 4) can't enter into any agreement or compact with a state 5) can't enter into any agreement or compact with foreign power 6) can't engage in war *exception: unless actually invaded or in imminent danger

question

Which branch does Article two describe?

answer

Executive branch

question

Who is the head of the executive branch?

answer

president

question

What is the term for office for the president?

answer

4 years

question

How is the # of Electors to the Electoral College determined (clause 2) and how are they appointed?

answer

# of electors to electoral college equal to whole # of senators and reps which the state may be entitled in congress; each state appoints

question

Who specifically cannot serve as an elector?

answer

no senator, rep. or person holding an office of trust or profit under the U.S.

question

Where are electoral votes counted?

answer

counted by prez of Senate in the presence of the Senate and House of Reps

question

What must a person receive to become the prez?

answer

greatest # of votes/majority

question

Who decides who is president if no one has a majority or if there is a tie?

answer

House of Reps

question

What role does the Senate play?

answer

Senate chooses the Vice prez

question

Who has the power to decide what day the electors meet to cast their vote?

answer

Congress

question

What is the formula that determines the day of the presidential election in any given election year?

answer

if there is no prez elected by January 20th, then the VP steps in

question

What are the qualifications for prez as provided in clause 5?

answer

1) natural born U.S. citizen 2) has to be at least 35 years old 3) has to have lived in U.S. for at least 14 years

question

The 25th amendment modified clause 6. Under the new guidelines, who becomes prez if the prez can no longer fulfill that duty? How is this different from the original system found in clause 6?

answer

new guidelines: VP becomes prez different from original because in original, congress elects a different officer, providing for case of removal, death, resignation, or inability until the new prez is elected

question

If the prez is replaced by the VP during his term, how is a new VP chosen?

answer

new prez nominates a VP, and House of Reps and Senate votes by majority

question

What cannot happen to the president's pay scale during his/her term? Why?

answer

pay scale cannot be changed so that no one can bribe or directly influence his/her decisions

question

What 2 things does the president swear to in his/her oath of office?

answer

1) faithfully execute the office of prez of the U.S. 2) will preserve, protect and defend the Constitution of the U.S.

question

In Section 2, clause 1, what power is provided to the prez regarding the military?

answer

prez is commander and chief of the army, navy and militia of several states

question

How did section 2, clause 1 lead to the formation of today's presidential cabinet?

answer

The heads of departments advise the prez on any subject relating to the duties of their respective offices

question

What can a prez NOT pardon or reprieve someone convicted of a federal crime?

answer

impeachment

question

With whom does the prez share appointment and treaty powers?

answer

senate

question

What percentage of senators must agree with the prez in making appointments or treaties with foreign nations?

answer

2/3 or 66%

question

What level of officials do NOT require senate approval (VERY important today)?

answer

judges of the Sup. Court and other officers of the U.S.

question

What is meant by a "recess" appointment, and why might it be used?

answer

recess appt= an appointment of a senior federal officials while U.S. senate is in recess (longer breaks) used to fill up vacancies

question

List the ten major powers and duties of the prez found in section 2 and 3

answer

1) commander and chief of army and navy 2) have power to grant reprieves and pardons 3) make treaties 4) nominate and appoint ambassadors, judges to Sup. Court, and other officers 5) fill up vaccancies during the recess of the senate 6) give congress info of the State of the Union 7) can bring together both houses or either of them 8) receive ambassadors and other public ministers 9) take care that the laws be faithfully executed 10) commission all the officers of the U.S.

question

What yearly speech is referred to in section 3 of article 2?

answer

State of the Union address

question

What are the offenses for which gov't officials can be impeached?

answer

1) treason 2) bribery 3) other high crimes and misdemeanors

question

In comparing the powers of the prez with the powers of the congress, what difference(s) do you note?

answer

President is commander in chief, but has very limited powers. Congress makes the law and the law tells us what to do. They can overrule the president.

question

Which branch does article 3 describe?

answer

The Judicial Branch

question

Which is the only court mentioned in section 1? What is it's function?

answer

Supreme Court; it is the final judge in all cases involving laws of Congress, and the highest law of all

question

What are inferior courts? Who creates them?

answer

any court other than sup. court; congress creates them

question

What is the term of office for a federal court judge?

answer

life

question

Why can salaries for federal judges NOT be reduced by congress?

answer

to prevent the legislature from punishing an unpopular judge by cutting his pay

question

List the ten types of cases which are always tried in federal court

answer

1) all cases affecting ambassadors, other public ministers, and consuls 2) all cases of admiralty 3) controversies to which the U.S. shall be a part of 4) controversies between 2 of more states 5) controversies between a state and citizens of another state 6) controversies between citizens of different states 7) controversies between citizens of the same state claiming lands under grants of different states 8) all cases of maritime jurisdiction 9) controversies between a state or the citizens 10) controversy between foreign states and citizens or subjects

question

In what three types does the Sup. Court have original jurisdiction? (sect. 2)

answer

1) ambassadors 2) public ministers 3) consuls

question

What is appellate jurisdiction which accounts for the rest of the Court's power?

answer

the power of a court to review decisions and change outcome of decisions of lower courts

question

What are the requirements of federal trials with regards to judgement and location?

answer

1) judgement: by jury 2) location: held in the state where the said crimes have been committed

question

How did the Congress of Vienna in 1815 change the Sup. Court's jurisdiction?

answer

Congress in Vienna influenced the Sup. Court's jurisdiction in maintaining a balance of power between federal and state gov't

question

What is the only crime defined in the Constitution? (article 3, sect. 3) how is it defined?

answer

Treason: levying war against the U.S. or adhering to their enemies

question

What is required in order for someone to be convicted for treason?

answer

1) testimony of two witnesses to the same overt act 2) confession in open court

question

In section 3, clause 2, what does it mean that punishment for this crime cannot work "corruption of blood?" (hanging, shooting, beheading)

answer

according to the eyes of the law, you are already dead before execution

question

What is the general subject of article four?

answer

relations of the states to each other

question

What is meant by the "full faith and credit clause" in section one of article 4?

answer

each state must recognize other states' legal documents such as marriage certificates and driver's licenses

question

Explain the "privilege and immunities clause" in clause 1, sect. 2

answer

it prevents a state from treating citizens of other states badly

question

What does extradition mean and what powers for it are provided in the constitution?

answer

extradition: you must return to the state that you committed the crime in powers provided=authorities can request extradition

question

In section 2, clause 3 how did the 13th amendment change this section?

answer

slavery and involuntary servitude was outlawed by the 13th and slaves were freed

question

How did section 3 protect the sovereignty of all states from the power of the national gov't?

answer

only Congress can admit new states

question

In section 4, what does the national gov't guarantee to the states?

answer

1) republican form of gov't 2) protect each state against invasion 3) protect them against domestic violence

question

How did section 4 give more strength to the national gov't than the articles of confederation?

answer

The Articles of Confederation gave more power to the states than it did the government

question

What is the subject of article five?

answer

amending the Constitution

question

Explain the two methods used to amend the Constitution

answer

1) 2/3 of congress proposes amendments 2) application of the legislatures of 2/3 of the several states shall call a convention for proposing amendments

question

How did they arrange to make people think long and hard before they could change the Constitution?

answer

they said that all new treaties and debts will become the law of the land

question

What is article six called?

answer

National debts and supremacy of the Nat'l gov't

question

In clause 1, when were the public debts incurred that the new gov't said they would pay?

answer

All debts before the adoption of the constitution would be payed

question

What does clause 2 say is the supreme law of the U.S.? What is the name by which this provision is known?

answer

all new laws and treaties created shall be the Supreme law of the land

question

In clause 3, what does it mean by stating that officials can take either an oath or an affirmation?

answer

if the official is not religious, they can choose to take an affirmation, rather than an oath which requires placing your hand on the bible

question

What concern is expressed in clause 3 when it states there can be no religious test for any public office?

answer

no religious discrimination

question

What principle of our system of government is the idea expressed in article 6?

answer

no requirement of religion

question

What is the seventh and last article about?

answer

Ratifying the constitution

question

How many states were needed to adopt the new constitution?

answer

9/13

question

How many of the people attending the Constitutional Convention signed the Constitution?

answer

39 people

question

Which level of government is the Bill of Rights limiting?

answer

Congress-(legislative branch)

question

What 2 things does the first amendment say about religion

answer

1) no law affiliating the U.S. with a certain religion 2) can worship freely

question

What controversial right is covered by the 2nd amendment?

answer

right to bear arms

question

What basic protection are we guaranteed in the 4th amendment?

answer

you can't be searched unless the officer/authority has a warrant

question

What are the five rights provided in the 5th amendment?

answer

1) gives ppl who are accused the right to a grand jury hearing 2) protects citizens from double jeopardy 3) prohibits self-incrimination 4) the miranda rights 5) private property cannot be taken for public use

question

What are the six rights provided for us in the 6th amendment?

answer

1) the right to a speedy and public trial 2) the right to an impartial of the state and district where the crime was committed 3) informed of the nature and cause of the accusation 4) confronted with the witnesses against you 5) you have compulsory process for obtaining witnesses in your favor 6) you have the assistance of counsel for your defense

question

what rights are we provided in the 7th amendment, and under what conditions?

answer

the right of a trial by jury

question

what two rights are provided to us in the 8th amendment?

answer

1) no excessive bail or fines 2) no cruel or unusual punishments

question

which 4 amendments (in the bill of rights) limit or define procedures in criminal cases?

answer

5, 6, 7 and 8

question

according to amendments 9 and 10, who gets the rights not mentioned in the constitution?

answer

9th amendment- the people 10th amendment-the people and the states

question

What does the 14th amendment say about... 1) defining citizenship (who has power and why)? 2) providing equal protection to all people? 3) due process being required by state governments?

answer

1) people of the states have power because the U.S. is a democracy 2) the states cannot deny people within its jurisdiction the equal protection of the laws 3) you can't be denied life, liberty or property without the due process of law

question

Since the 14th amendment, what has been the most common subject or topic of later amendments?

answer

voting rights, the collection of taxes, alcohol rights, election rights, election process, and slavery

question

Basic provisions of each of the following amendments: 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27

answer

13: slavery outlawed 15: gave male citizens the right to vote 16: allows federal gov't to collect income tax 17: established the direct election of U.S. senators by popular vote 18: prohibition 19: granted women's sufrage 20: fixed the dates of term commencements for congress and the prez 21: repealed the 18th amendment 22: limits the # of times someone can be prez 23: gave D.C. representation in the electoral college 24: prohibits revocation of voting rights due to non payment of taxes 25: defined process of presidential succession 26: established the right to vote for men and women age 18+ 27: prevents laws from effecting congress's salary from taking effect until after the next election of the reps.

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