What’s the purpose of the Preamble?
To state that they are making a new government that is served better by the Constitution than the Articles of Confederation. It outlines the fundamental purpose and guiding principles of the document.
How long of a “term” do Representatives serve? Senators?
Rep: 2 year term
Senators: 6 years term
What qualifications are required to be a Representative? Senators?
Rep: 25 y/o, 7 years of citizenship, resident of the state
Senator: 30 y/o, 9 years of citizenship, resident of the state
What is the power to IMPEACH? Who has it? What voting % is required to impeach?
Solely the House of Representatives has the power to impeach. Impeachment- power to accuse officials of offenses like treason, bribery, and other serious crimes/ misdemeanors. A simple majority vote is required in the House to impeach.
If there’s a trial, who holds the trial? Who presides over the trial? What voting % is necessary to convict on impeachment charges?
The Senate holds the trial. The Chief Justice presides over the trial. Conviction required ⅔ of those present at the trial.
What are the consequences of being convicted in an impeachment trial?
If convicted, the official is removed from office and may also be disqualified from running again in the future. They may also be subject to criminal persecution.
Who chairs the Senate
The Vice President
What is quorum & how is it significant?
Quorum is the minimum number of members required to be present for Congress to conduct business. It is the basic majority of the members. Without a quorum, both the House and the Senate cannot officially pass laws or take other actions
How does the Presidential veto process function?
- Passes in the Congress
- President says yes: law passes
- President vetos: law is sent back to the house. Bill can either be discarded or edited OR Congress can override the veto with a ⅔ vote.
Who pays the members of Congress?
The US Treasury aka the federal government
Where are the specific powers of Congress listed?
Power to lay taxes, duties, imposts, excises, pay debts + provide for defence + welfare of US, borrow money on credit, regulate commerce w/ other countries + domestically + with native american tribes, rule of naturalization, coin money, fix standard of weights + measures, punish counterfeiting, establish post offices + post roads, copyright laws, creation of federal court system (not the supreme court), punish piracies+felonies, declare war, raise armies, make laws
What is the function of a copyright/patent and how long does each last?
Copyright: Protects original works of authorship (e.g., books, music, artwork). It gives the creator exclusive rights to use, distribute, and modify their work. Lasts life of the author/composer plus 50 years. Patent: Protects new inventions, granting the inventor exclusive rights to produce, sell, and use the invention. A utility patent lasts for three and a half to seventeen years.
What is the Elastic clause power?
Grants no specific powers and thus can be stretched and used in different circumstances. This allows for congress to adapt a government to changing needs and times.
What powers are denied to the Congress?
Congress accountable to how it spends the public’s money, could not pass laws to prohibit slave trade until at least 1808, can’t pass laws that declare people guilty (only courts can), can’t pass laws that punish person tomorrow for something that was legal today, can’t directly tax individuals (like income taxes), can’t tax goods that are exported from states, can’t favor a state over another, can’t give individuals special privileges based on their heredity, can’t accept gifts from foreign nations (except min value gifts)
What is a bill of attainder? Ex post Facto Law?
Bill of Attainder: A law that punishes an individual or group without a trial. Ex Post Facto Law: A law that retroactively makes an action illegal or increases the penalties for a crime after it has been committed.
What is prohibited to the fed gov’t in regulating interstate commerce?
Congress may not treat different ports within the United States differently in terms of taxing and commerce powers. They are also not allowed to tax goods sent from one state to another. They also are not allowed to give one state’s port legal advantage over those of another state.
What powers are denied to the States?
Entering into treaties, alliances, or confederations; coining money; imposing duties on imports or exports (without Congress’s consent); keeping troops or ships of war in times of peace; engaging in war unless actually invaded.
What is the length of the President’s term?
4 years
What is an Elector? How is the number of electors determined for a state?
Electors are also known as the “electoral college” the number is equal to number of senators + representatives that state has in congress
What are the qualifications required to be President?
35 yrs, natural-born US citizen, resident of US for past 14 years
What is the president’s inauguration, and what happens there?
Inauguration: formal ceremony where the president takes the Oath of Office. Marks official beginning of presidential term.
What are the powers of the President? List and explain importance
Commander-in-chief of the Armed Forces: control over the military. Treaty power: negotiate treaties with other nations, but they must be ratified by a two-thirds vote in the Senate. Appointment Power: appoint federal judges, ambassadors, and other public officials, with the "advice and consent" of the Senate. Pardon Power: grant pardons and reprieves for federal crimes, except in cases of impeachment. Veto Power: veto legislation passed by Congress, which serves as a check on the legislative branch.
Power to make treaties with foreign governments (with the approval of the senate by a two-thirds vote) Powers to appoint ambassadors, supreme court justices, and other government officials. Most of which require senate approval. He also has the power to appoint temporary officials to fill vacant federal offices without Senate approval if the congress is not in session. Such
What are the duties of the President?
Reports on the state of the union to Congress, recommend legislative measures, and proposes a federal budget.
What triggers impeachment trials?
Treason, bribery, other high crimes and misdemeanors.
What are high crimes and misdemeanors?
High crimes and misdemeanors are not clear because there was not a national crime code at the time the Constitution was made.
How is the judicial branch structured?
One Supreme Court and other inferior courts (Court of Appeals, District Courts, Specialty Courts)
What cases are under federal jurisdiction? Hint- 2 types; Federal Questions & Diversity of Citizenship
Cases under federal jurisdiction are the ones that concern the meaning of the US Constitution, all federal laws, and treaties. They also take on cases involving citizens of different states and citizens of different nations.
What cases reach the Supreme Court?
Cases in which lower federal courts appeal, as well as cases involving foreign diplomats + where states are a party
What defines treason? How are charges of treason handled?
Treason is waging war on the US government and aiding their enemies. The Supreme Court decides their punishment. Needs at least two witnesses
Punishment for treason: min 5 years in prison and/or 10,000 fine to a maximum of death
Explain the “conduct of trials.”
All federal crimes, except in cases of impeachment, must be tried by a jury. The trial must take place in the state where the crime was committed. If a crime happens outside any state’s jurisdiction (like in international waters), Congress determines where the trial will be held.
Explain Article VI of the Constitution.
The Constitution, federal laws made pursuant to it, and treaties made under the authority of the U.S. are the supreme law of the land. Can’t deny someone qualification to office based on their religion
What is the Full Faith and Credit Clause
States have to recognize each other’s laws and rulings, and contracts are inter-state.
What is Privileges and Immunities Clause
A citizen of a state has the same rights and privileges as the citizens of another state in which he or she happens to be.
Explain the Extradition clause
Any person accused of a crime who flees to another state must be returned to the state where the crime occurred.
How are States admitted to the Union?
Congress admits new states, but no state can be created from parts of others without consent from the affected states and Congress.
What are the federal government’s duties to the states Article IV sec 4?
They have to protect the states against foreign invasion, help with domestic violence upon request, ensure a republican form of government
How can the Constitution be amended?
Proposed: Either by a two-thirds vote in Congress or a convention called by two-thirds of state legislatures. Ratified: By three-fourths of state legislatures or conventions in three-fourths of the states.
Eminent domain
The government’s power to take private property for public use, with compensation to the owner (5th Amendment).
Quartering of Soldiers:
The 3rd Amendment's prohibition against housing soldiers in private homes without the owner's consent during peacetime.
Self-incrimination
Protection from being forced to testify against oneself in a criminal case (5th Amendment).
Warrant
A legal document issued by a judge allowing police to conduct a search or make an arrest (4th Amendment).
Due process
The legal requirement that the government must respect all legal rights owed to a person (5th and 14th Amendments).
“Papers & Effects”
Refers to personal documents and belongings protected against unreasonable searches and seizures (4th Amendment).
Bail:
Money or property given as a guarantee that an accused person will return for trial; excessive bail is prohibited (8th Amendment).
Grand Jury
A group of citizens who determine whether there is enough evidence for a trial (5th Amendment).
Impartial jury
A jury that is unbiased and neutral, crucial to a fair trial (6th Amendment).
Search:
The act of looking for evidence of a crime, typically requiring a warrant (4th Amendment).
Seizure:
The act of taking possession of evidence or property by law enforcement (4th Amendment).
Reserved powers
Powers not delegated to the federal government are reserved for the states or the people (10th Amendment).
Right of Assembly:
The right to gather peacefully for protests or meetings, protected under the 1st Amendment.
1st Amendment
Freedom of speech, religion, press, assembly, and petition.
2nd Amendment
Right to keep and bear arms.
4th Amendment
Protection against unreasonable searches and seizures.
5th Amendment
Protection against self-incrimination, double jeopardy, and guarantees due process.
6th Amendment
Right to a fair, speedy, and public trial by an impartial jury, with legal counsel.
8th Amendment
Protection against excessive bail, fines, and cruel and unusual punishment
10th Amendment
Powers not given to the federal government are reserved to the states or the people.