Constitution Study Guide
THE PRESIDENT SELECTS ______________________________ TO HEAD VARIOUS EXECUTIVE DEPARTMENTS
"CABINET" MEMBERS
How was the U.S. Constitution an improvement over the Articles of Confederation?
- The Constitution had executive, legislative, and judicial branches - The Constitution has a Separation of Powers and checks and balances - The branches of government were republican, with representatives, rather than direct democracy - They had a president, and a government that would protect against both tyranny by the government itself, and tyranny by the people - Our presidents are not only elected by the people, but by the 538 members of the Electoral College
11. Which historical event BEST DEMONSTRATES the operation of checks and balances? a. The Senate approved the appointment of Clarence Thomas to the Supreme Court b. President George Washington used the Army to suppress a tax rebellion by Pennsylvania farmers c. South Carolina withdrew from the United States over issues of slavery and State Rights d. President Eisenhower sent Federal troops to enforce the integration of public schools in Arkansas
A
How does the Electoral College system function during a presidential election?
A majority of 270 electoral votes is required to become president. You help choose your state's candidate. Every state makes a decision on which candidate they want for president. The more people you have in your state, the more representatives you get as electors.
What is the purpose of a presidential veto?
A presidential veto is the power of the president of the USA to reject a decision or a law proposal. The legislative branch makes laws, but the President in the executive branch can veto those laws.
impeachment trial
Basically, it is a political trial that decides whether or not a government official (preferably the president) is impeached, thrown out of office, or reprimanded. But it does NOT determine if they are guilty or if they're going to jail. The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official is removal from office.
How has the Electoral College system sometimes resulted in a controversial presidential election?
Because what if one of the candidates receive the popular vote, and the other receives more electoral votes?
How did the Articles of Confederation demonstrate the American fear of a monarchy?
By creating a national government with limited power
What powers did the Articles of Confederation NOT give to the national legislature? a. The ability to declare war b. The ability to borrow money c. The power to collect taxes d. The power to create new states
C
THE PRESIDENT IS ALSO THE ________________________________________ OF THE UNITED STATES ARMED FORCES
COMMANDER-IN-CHIEF
What was the biggest change when our nation switched from the Articles of Confederation, to the U.S. Constitution?
Creation of a strong national government
The Articles of Confederation and the United States Constitution both include a system of checks and balances.
False
How does Federalism work within the United States?
Federalism is a system of government in which power is divided between a national/federal government, state governments, and country & local governments
How does Federalism protect against a possible tyranny?
Federalism makes sure that the power of not held only by the people, but by the parts and powers of government. Federalism was based on the idea that too much power in a central government would lead to tyranny. A double security to the right of the people, and powers to the central government. They gave powers to the states, and shared powers with each other.
What does it mean when Congress overrides a presidential veto?
If the President vetoes a law, Congress, with a two/ thirds vote in both houses, can override the veto. This means that when a law is vetoed, the Congress can disallow is. AKA, they can veto a veto
What did Shays' Rebellion show about the national government?
It was too weak to keep peace within the nation
The Congress of the United States established a __________________________________________________________________________
Nationwide system of national courts
Which of the following is an example of checks and balances, as established by the Constitution? a. Requirement that states lower their legal drinking age as a condition of receiving funds b. The Supreme Court's ability to overturn a lower court decision c. Power of the Senate to approve all presidential appointments to the Supreme Court d. The election of the President by the Electoral College rather than by direct election
Power of the Senate to approve all presidential appointments to the Supreme Court
What are Enumerated Powers? Provide two specific examples of these powers.
Powers belonging only to the Federal government. When a conflict exists between federal and state law, federal power usually prevails. Here are some examples of enumerated powers: can declare war maintain a military can regulate interstate commerce. This refers to the purchase, sale or exchange of commodities, transportation of people, money or goods, and navigation of waters between different states. Coin and print money make treaties with foreign countries
What are Reserved Powers? Provide two specific examples of these powers.
Powers belonging only to the states. It is a political power that is not enumerated or prohibited by a constitution, but is reserved by the constitution for an identified governmental authority, such as a state government. Issue Licenses: Driver's, Marriage, Construction, etc. Establish public schools Conduct elections: presidential, state, and local Ratify amendments to the U.S. Constitution provide fire and police protection
What are Concurrent Powers? Provide two specific examples of these powers.
Powers belonging to all levels of government. It is the power shared by the federal and state governments. Here are some examples of concurrent powers: borrow money levy taxes define crimes and set punishments for them establish banks can take land for public use provide for the general welfare
Executive Branch
Responsible for enforcing all federal laws, power To Pardon Any Person For Offenses Committed Against The United States, can negotiate foreign treaties with other countries, and appoint federal judges
Judicial Branch
Responsible for reviewing all federal laws, capable of determining whether state and local laws are constitutional, or unconstitutional
Legislative Branch
Responsible for writing all federal laws, can collect taxes, regulate Interstate Commerce, Declare War, Impeach Government Officials, Coin Money, Regulate Foreign Trade, Approves presidential appointments
Why did the Articles fail?
The Articles could be amended, but that required an unanimous vote, so zero amendments were ever passed Since they didn't collect taxes, this led to serious inflation during the Revolutionary War The Articles did not give Congress the power to enforce its laws Congress had no power to collect taxes for the military
What powers are granted to Congress by the Commerce Clause?
The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes."
Why were the Founding Fathers concerned about using a popular vote method for electing presidents?
The Founding Fathers feared an uncontrolled democracy. They were very precise when rejecting a direct electoral process. They feared the destructive agony of direct democracy.
Legislative branch checks on Executive
The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes.
How does the Senate have more political power than the House of Representatives?
The Senate is formed of 100 senators - two for each state - and its main role is to approve legislation suggested by the House of Representatives.
Define the phrase separation of powers and explain how it helps to avoid a possible governmental tyranny.
The Separation of Powers is a model for the governance of a state. Under this, a state's government is divided into 3 branches, each with separate and independent powers and areas of responsibility so that the powers of one branch don't overcome one another and are not in conflict.
What is the highest ranking court in the US?
The Supreme Court
How many Justices are in the Supreme Court?
The Supreme Court consists of nine Justices; eight Associate Justices and one Chief Justice
Why were the Articles created?
The articles were written to give the colonies some sense of a unified government. The Articles created a loose confederation of supreme states and a weak central government, leaving most of the power with the state governments.
What was the MAIN REASON the new nation had trouble establishing trade and commerce?
The country did not have a strong economy
Judicial branch checks on Executive
The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional.
Legislative checks on Judicial
The judicial branch interprets laws, but the Senate in the legislative branch confirms the President's nominations for judicial positions, and Congress can impeach any of those judges and remove them from office.
Executive branch checks on Judicial
The judicial branch interprets laws, but the executive branch can appoint federal judges, grant pardons, and can commute sentences
Executive branch checks on Legislative
The legislative branch makes laws, but the President in the executive branch can veto those laws.
Judicial branch checks on Legislative
The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
How is the number of Electoral votes determined for each state?
The number of Senators and House members
How are the number of Electoral votes determined for each state?
The number of districts equal the number of representatives. And since there are two Senators for each state, the number of representatives plus the number of Senators in each state equal the number of electors.
How many Senators and House members are assigned to each state?
The number of representatives depends on the number of districts. There are two Senators for each state
What person is in charge of the Executive Branch, and who is second in charge?
The president, and the vice president
Who is the commander-in-chief, and what specific job is performed by the commander-in-chief?
The president; His is in charge of the U.S. Armed Forces: the Army, Navy, Air Force, Coast Guard, and Marine Corps. The president decides where the troops are stationed, where ships shall be sent, and how weapons will be used.
Which statement BEST EXPLAINS why critics have called for a change in the Electoral College system?
The winner of the popular vote is not always elected president
The idea of a separation of powers is based on which of the following ideas?
There should never be a concentration of governmental power
What are the parts of the Legislative Branch?
These parts are the House of Representatives(lower house) and the Senate (upper house). Congress as a whole is the only governmental body that can officially declare war on another country.
How were the powers of government organized according to the Articles?
They set up a "government" that consisted of a one-house body of delegates, with each state having a single vote, whom they could make decisions on certain issues that affected all of the states
How many Senators from each State?
Two senators from every state
Which of the following BEST DESCRIBES how the Electoral College functions?
Vote totals within each state are counted, the Electoral votes are awarded, the winner is declared
Some people have won the presidency without winning the popular vote
What criticism of the Electoral College system is illustrated by the information in the table?
One important DIFFERENCE between the U.S. Constitution and the Articles of Confederation was: a. the increased political power given to the states under the U.S. Constitution b. the U.S. Constitution's requirement for a national government with three branches c. the constitutional requirement for the direct election of the President d. the protection against governmental tyranny in the Articles of Confederation
b
What is the purpose of a separation of powers and checks and balances? a. Support our federal system of government b. Limit the power of the federal government c. Make government more efficient d. Establish specific legal protections
b
THE LEGISLATIVE BRANCH IS A _________________________ LEGISLATURE; COMMONLY REFERRED TO AS _____________________
bicameral , congress
What term is used to identify the Senate and House of Representatives?
bicameral government
How is Congress a bicameral legislature?
bicameral means having two branches or chambers and the Congress has two legislative chambers: the house of representiatives, and the Senate
Which of the following is an example of checks and balances, as established by the U.S. Constitution? a. To receive Federal money, states must lower their legal drinking age b. Criticism of politicians during elections c. Supreme Court's ability to overturn lower court decisions d. Requirement that presidential appointments be approved by the Senate
c
impeach
charge the holder of a public office with misconduct.
One of the basic weaknesses of the Articles of Confederation was that:
it led to arguments between states
How many branches of government did the Articles of Confederation allow the national government?
one
The number of congressmen is based on the __________________
population
The executive branch is led by the __________________________
president of the United States
commerce
the activity of buying and selling, especially on a large scale. Basically, it means trade and business
According to the Electoral College, during presidential elections:
the candidate with the most Electoral votes becomes president
To force the national government to "control itself," the U.S. Constitution included all of the following EXCEPT:
the need for stronger states' rights
What is the main job performed by the Executive Branch?
to carry out the laws.
What is the main job performed by the Legislative Branch?
to make laws