The Constitution
Most suggested amendments are never proposed by Congress. Of the 15,000 suggested amendments by the states, how many has congress sent through?
33
How many proposed amendments were not ratified by the states?
6
After what President was the 22nd Amendment past, and why?
After Franklin Roosevelt was elected to four consecutive terms from 1932 to 1944, a two-term limit was made into law by passage of the 22nd Ammendment in 1951.
Expanding executive power: Presidents have increased their constitutional powers by taking a broad interpretation of those powers. This often includes...
....avoiding the need to gain congressional approval. For example, only Congress can declare war. But while acting as commander-in-chief, many Presidents have sent military forces into combat without a formal act of war.
Political Parties generally have...
...an agenda for daily business that revolves around party committments and other party members.
While the State of the Union address to Congress is required by the constitution, the method of the address...
...is left to each President to decide. Harry Truman's State of the Union was the first televised address. Today, the State of the Union is an annual televised address to Congress and all Americans.
Expanding executive power: Presidents have increased their constitutional powers by taking a broad interpretation of those powers. While the senate much approve formal treaties, Presidents can and do enter into...
...legally binding executive agreeements with foreign leaders without asking for Senate approval.
Unwritten customs can greatly influence and shape law. The Presidents Cabinet for example exists...
...solely as a result of customs rather than any law. For example, The United States Constitution does not explicitly establish a Cabinet. The Cabinet's role, inferred from the language of the Opinion Clause (Article II, Section 2, Clause 1) of the Constitution, is to serve as an advisory body to the president of the United States.
What is the Bills of Attainder?
Laws directed at specific people or groups of people; for example someone affiliated with a certain political party.
Describe at least three freedoms protected by the Bill of Rights?
Examples: •Freedom of religion •Freedom of assembly •To keep and bear arms •Freedom of speech •Freedom of the press •Protection for those accused of crimes
True or False: The Constitution sets a two term limit for Presidents?
False - it was customary from George Washington and forward for Presidents to limit themselve to two terms.
Why did most of the framers of the constitution oppose political parties?
For fear it would divide the government
What was the purpose of the 25th Amendment?
For years the Vice President assumed the Office of President if the president died while in office. This was not formal law however until the passage of the 25th Amendment in 1967.
Name the three primary reasons from which the first 27 amendments were proposed?
In response to legal disputes, social conflicts or perceived constitutional problems.
What did the 12th Amendment accomplish?
It created a separate ballot for president and vice president.
The Courts: The nations courts, particularly the Supreme Court interpret the constituion on a regular basis. What does the power of individual review do?
It gives the court the power to declare laws uncontitutional. On the other hand, declaring a law consitutional means that the Supreme Court must also intepret the constitution in its ruling.
What is a key influence in the President's decision-making process when choosing political appointees?
Political party membership
Describe the four possible methods of a formal amendment?
Proposal by convention of states, ratification by state conventions (never used). Proposal by convention of states, ratification by state legislatures (never used). Proposal by Congress, ratification by state conventions (used once). Proposal by Congress, ratification by state legislatures (used all other times).
What is another key influence of political parties?
Selection of electors to the electoral college
How many amendments were added to the Constitution in the twentieth century?
Starting with the 16th Amendment passed in 1913, a total of 12 constitutional amendments were ratified in the 20th century. In no other century were so many amendments passed. The first 11 amendments were added to the U.S. Constitution in its earliest years, between 1791 and 1795. After that, only four more were added in the 19th century. The 27th Amendment is the most recent amendment added to the U.S. Constitution. It was ratified in 1992.
Article V of the Constitution allows for the proposal of amendments to the Constitution by a two-thirds vote. What are the two ways that an amendment may be proposed?
a) By a two-thirds vote of each house of congress (done for 26 of the 27 amendments), or b) by a national convention called by Congress at the request of two-thirds of the status legislature (done for the 21st amendment).
What is Ex post facto laws?
laws that declare an action to be illegal after it has been committed
Judicial Branch: What are five kinds of cases heard by federal courts?
The Federal Court is limited to: - Federal Questions: questions that involve federal law - Diversity: Cases between residents of two different states - Treaties and Diplomats: Cases that affect or could affect the US standing with other countries, including cases with ambassadors and public ministries - US Government Cases: for example, when a federal agency is sued such as the FBI - Admiralty: Cases that involve navigable water bodies in and around the U.S. including the oceans, rivers and great lakes
Presidential Power: The constitution grants the President executive power. What do most presidents argue this power allows them to do, and provide an example?
They argue that this power grants them the authority to do things not specifically mentioned in the consitution. For example, Thomas Jefferson used it as justification for acquiring new territory for the United States when he purchased the Louisiana Territory in 1803.
What is the purpose of the Bill of Rights?
They spell out many basic rights and liberties. Many people would not support the Constitution until a Bill of Rights was promised.
True of false? The Supreme Court has ruled that states cannot require a proposed amendment to be approved by a popular vote before the state legislature can ratify it.
True
What are Export Taxes?
"No Tax or Duty shall be laid on Articles exported from any State." This means that Congress is prohibited from imposing export taxes on goods transported across state lines and also across international borders. This clause was written to prevent Congress from discriminating against any particular state or region of the country.
Congress has expanded upon basis constitutional provisions. Give four examples where Congress has played a role in shaping the U.S. government?
- Congress created much of the specific structure within the federal government - Congress established the federal court system, while the constitution only created the Supreme Court - Congress created the many departments and agencies within the Executive Branch - Congress has clarified issues such as the succession of the Vice President
How have the day-to-day workings of the government affected how we intepret the Constitution?
- Congress passes new laws - Presidents push to expand executive power - The supreme court makes key ruling on constitutional issues - Political parties influence the governing process - Customs develop over time
Executive Branch: List three powers of the president?
- Declare war for 60 days without an act of Congress - Veto bills - Commander of the military The president can also negotiate treaties with other nations, appoints people to specific government offices including Supreme Court and Federal Courts, can propose legislation, can call Congress into special session and can adjourn Congress if the House nad the Senta cannot agree on a final date.
From the constitution preamble, list the six reasons for establishing the constitution?
- Explain how the government should work - Sets rules to limit the government - Declaration of principles and ideas - Establish separation of power - Government by the people - Inherent rights
Legislative Branch: List at least five powers delegated to Congress?
- Power to coin money - Regulate commerce - Declare war - To raise and maintain and armed force - Establish a post office
Legislative Branch: What are three requirements for the House of Representatives?
At least 25 years old, a citizen for at least 7 years and live in the state they represent (though not necessarily the same district).
What did the 26th Amendment accomplish?
Guaranteed people 18 or older the right to vote.
Executive Branch: What are the three qualifications to run for President?
Must be 35 years or older, must have been a resident of the US for at least 14 years, and must have been born in the U.S. or have at least one U.S. citizen parent.
What are two notable failed amendments?
One declaring equal rights for women (ERA) and one banning amendments dealing with slavery.
What is the current role of the electoral college?
The Electoral College is made up of 538 electors who cast votes to decide the President and Vice-President of the United States. When voters go to the polls on Tuesday, they will be choosing which candidate receives their state's electors. The candidate who receives a majority of electoral votes (270) wins the Presidency.
How has the constitution changed with time?
The amendment process allows the constitution to adapt to the changing needs of our nation and society. The United States has gone from a farming nation of less than 4 million people to a high-tech country with a population of more than 300 million. Portions of the constitution have also been added or taken out of because of amendments.
Define the Legislative Branch?
The branch of government responsible for passing laws and representing the interests of the voters
How has the Constitution been amended through the formal amendment process?
The majority of amendments have been proposed by a two-thirds vote of Congress and ratified by three-fourths of the state legislatures. An amendment can also be ratified by state conventions held in three-fourths of the states.
The amendment process is based on popular sovereignty. Describe what this means?
The people elect representatives who vote to propose or ratify amendments. Some critics argue that conventions are a better way to ratify amendments than state legislatures, because state legislatures are rarely elected based upon their views on an amendment. The President can also veto proposed amendments.
True or False: The Constitution says nothing about the nomination process for party nominees.
True
True or False: The constitution does not mention political parties?
True
Congress can set a reasonable time limit for ratification of amendments. How long is this period?
Usually about 7 years.
What did the 15th Amendment accomplish?
Voting rights for all male citizens regardless of race, color, or previous servitude; specifically allowing African-American the right to vote.
What is Port Preference Clause?
Written with the aim of preventing Congress from discriminating against certain states or regions. This clause prohibits Congress from passing any commercial or trade regulations that favor the ports of one state over the ports of another state. Under this clause, ships bound from one port to another cannot be required to stop and pay duties in a third location.
What is a writ of habeas corpus?
a court order to a person or agency holding someone in custody (such as a warden) to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention.
(Federalism) How does the federal amendment process reflect the concept of federalism?
Amendments are proposed at the national level and ratified at the state level by legislatures or conventions. A state can reject an amendment and later decide to ratify it, but a state cannot change its mind after it votes to ratify an amendment.
Other than formal amendment, what is another way constitutional change may occur?
An "informal change" to the constitution can occur when the interpretation of a part of the constitution changes over time.
What are the two steps to political parties choosing candidates?
A state primary and a national convention.
What did the 13th Amendment do?
Abolished slavery
List four powers that are denied to Congress?
Article I Section 9 of the United States Constitution prohibits Congress from six specific areas of legislation. However, the first limit placed on congressional power was a limit on regulating the slave trade which did not extend beyond the year 1808. Article I Section 9 also prohibited Congress from imposing direct taxes, but this was overturned in 1913 with the adoption of the 16th Amendment. Today, there are four remaining relevant powers denied to Congress in the U.S. Constitution: the Writ of Habeas Corpus, Bills of Attainder and Ex Post Facto Laws, Export Taxes and the Port Preference Clause.
Legislative Branch: What are the three qualifications for Senate?
At least 30 years of age, a citizen for at least 9 years and residency in the state the senator is representing at the time of election.
Congress passes laws that clarify its own constitutional power. The constitution describes some congressional powers in vague terms. What are some of these "vague" areas and what are some of the things that Congress has passed thousands of laws around in order to further clarify (and make less vague)?
Congress has the power to regular foreign trade and interstate commerce. Laws have been passed to clarify what is meant by words like "regulate", "trade", "interstate" and "commerce". In the process, it has interpreted the meaning of the Constitution.
What did the 19th Amendment accomplish?
Gave women the right to vote.
What role does the cabinet play in government?
Members of the president's Cabinet, often just called the Cabinet, are official advisers to the president who often play a role in various parts of the Executive Branch. The president selects members of the Cabinet, but each member has to be approved by the Senate. While the U.S. Constitution makes the Cabinet an official governmental entity, it doesn't state what departments must be part of it.
