front 1 What’s the purpose of the Preamble? | back 1 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. |
front 2 How long of a “term” do Representatives serve? Senators? | back 2 Rep: 2 year term Senators: 6 years term |
front 3 What qualifications are required to be a Representative? Senators? | back 3 Rep: 25 y/o, 7 years of citizenship, resident of the state Senator: 30 y/o, 9 years of citizenship, resident of the state |
front 4 What is the power to IMPEACH? Who has it? What voting % is required to impeach? | back 4 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. |
front 5 If there’s a trial, who holds the trial? Who presides over the trial? What voting % is necessary to convict on impeachment charges? | back 5 The Senate holds the trial. The Chief Justice presides over the trial. Conviction required ⅔ of those present at the trial. |
front 6 What are the consequences of being convicted in an impeachment trial? | back 6 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. |
front 7 Who chairs the Senate | back 7 The Vice President |
front 8 What is quorum & how is it significant? | back 8 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 |
front 9 How does the Presidential veto process function? | back 9
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front 10 Who pays the members of Congress? | back 10 The US Treasury aka the federal government |
front 11 Where are the specific powers of Congress listed? | back 11 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 |
front 12 What is the function of a copyright/patent and how long does each last? | back 12 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. |
front 13 What is the Elastic clause power? | back 13 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. |
front 14 What powers are denied to the Congress? | back 14 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) |
front 15 What is a bill of attainder? Ex post Facto Law? | back 15 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. |
front 16 What is prohibited to the fed gov’t in regulating interstate commerce? | back 16 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. |
front 17 What powers are denied to the States? | back 17 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. |
front 18 What is the length of the President’s term? | back 18 4 years |
front 19 What is an Elector? How is the number of electors determined for a state? | back 19 Electors are also known as the “electoral college” the number is equal to number of senators + representatives that state has in congress |
front 20 What are the qualifications required to be President? | back 20 35 yrs, natural-born US citizen, resident of US for past 14 years |
front 21 What is the president’s inauguration, and what happens there? | back 21 Inauguration: formal ceremony where the president takes the Oath of Office. Marks official beginning of presidential term. |
front 22 What are the powers of the President? List and explain importance | back 22 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 |
front 23 What are the duties of the President? | back 23 Reports on the state of the union to Congress, recommend legislative measures, and proposes a federal budget. |
front 24 What triggers impeachment trials? | back 24 Treason, bribery, other high crimes and misdemeanors. |
front 25 What are high crimes and misdemeanors? | back 25 High crimes and misdemeanors are not clear because there was not a national crime code at the time the Constitution was made. |
front 26 How is the judicial branch structured? | back 26 One Supreme Court and other inferior courts (Court of Appeals, District Courts, Specialty Courts) |
front 27 What cases are under federal jurisdiction? Hint- 2 types; Federal Questions & Diversity of Citizenship | back 27 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. |
front 28 What cases reach the Supreme Court? | back 28 Cases in which lower federal courts appeal, as well as cases involving foreign diplomats + where states are a party |
front 29 What defines treason? How are charges of treason handled? | back 29 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 |
front 30 Explain the “conduct of trials.” | back 30 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. |
front 31 Explain Article VI of the Constitution. | back 31 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 |
front 32 What is the Full Faith and Credit Clause | back 32 States have to recognize each other’s laws and rulings, and contracts are inter-state. |
front 33 What is Privileges and Immunities Clause | back 33 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. |
front 34 Explain the Extradition clause | back 34 Any person accused of a crime who flees to another state must be returned to the state where the crime occurred. |
front 35 How are States admitted to the Union? | back 35 Congress admits new states, but no state can be created from parts of others without consent from the affected states and Congress. |
front 36 What are the federal government’s duties to the states Article IV sec 4? | back 36 They have to protect the states against foreign invasion, help with domestic violence upon request, ensure a republican form of government |
front 37 How can the Constitution be amended? | back 37 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. |
front 38 Eminent domain | back 38 The government’s power to take private property for public use, with compensation to the owner (5th Amendment). |
front 39 Quartering of Soldiers: | back 39 The 3rd Amendment's prohibition against housing soldiers in private homes without the owner's consent during peacetime. |
front 40 Self-incrimination | back 40 Protection from being forced to testify against oneself in a criminal case (5th Amendment). |
front 41 Warrant | back 41 A legal document issued by a judge allowing police to conduct a search or make an arrest (4th Amendment). |
front 42 Due process | back 42 The legal requirement that the government must respect all legal rights owed to a person (5th and 14th Amendments). |
front 43 “Papers & Effects” | back 43 Refers to personal documents and belongings protected against unreasonable searches and seizures (4th Amendment). |
front 44 Bail: | back 44 Money or property given as a guarantee that an accused person will return for trial; excessive bail is prohibited (8th Amendment). |
front 45 Grand Jury | back 45 A group of citizens who determine whether there is enough evidence for a trial (5th Amendment). |
front 46 Impartial jury | back 46 A jury that is unbiased and neutral, crucial to a fair trial (6th Amendment). |
front 47 Search: | back 47 The act of looking for evidence of a crime, typically requiring a warrant (4th Amendment). |
front 48 Seizure: | back 48 The act of taking possession of evidence or property by law enforcement (4th Amendment). |
front 49 Reserved powers | back 49 Powers not delegated to the federal government are reserved for the states or the people (10th Amendment). |
front 50 Right of Assembly: | back 50 The right to gather peacefully for protests or meetings, protected under the 1st Amendment. |
front 51 1st Amendment | back 51 Freedom of speech, religion, press, assembly, and petition. |
front 52 2nd Amendment | back 52 Right to keep and bear arms. |
front 53 4th Amendment | back 53 Protection against unreasonable searches and seizures. |
front 54 5th Amendment | back 54 Protection against self-incrimination, double jeopardy, and guarantees due process. |
front 55 6th Amendment | back 55 Right to a fair, speedy, and public trial by an impartial jury, with legal counsel. |
front 56 8th Amendment | back 56 Protection against excessive bail, fines, and cruel and unusual punishment |
front 57 10th Amendment | back 57 Powers not given to the federal government are reserved to the states or the people. |