THE BAR EXAM!!!

Original Electoral college

-Each state has as many as they have senators (congress) - Each elector casts two votes for president - Person with majority electoral votes win (second highest, vice president) - No campaigns of parties

How the framers choose a president

-Have Congress choose, but may upset balance of branches - Have the State legislative choose, but the president wont have national power - Have the people choose, but the people weren't educated.

Chief Diplomat

Deals with other country's- negotiating, trading, and treaties (confirmed by senate)

Circuit/Appeals Court

Double check- hear cases from lower courts 12 across country

Amendment 8

Fines and Punishment- no excessive fine or bail

Amendment 1

Five freedoms

Provide for the common defense

Grants the federal government to maintain a military Article I to raise and maintain an army,

no self incrimination

Have the Right to remain silent.

Commander in Chief

Head of the us armed forces and sends troops places

Speaker of the House

House of Representatives- leader of majority party second in line to presidency

slander and libel

If a person suffers injury to his or her reputation as a result of another person's statements written and spoken

full faith and credit

If you live in one state you have to follow those rules in that state and wont always apply with the other states - Article 1

Amendment 14

Incorporation- Made bill of rights apply to all states not just congress

What about Federalism?

It makes sense! The National government has more power but the states have more powers, National Govs power is limited by the people who follow the constitution.

Chief of Party

Leader of political party fundraises supports candidates

Article 1

Legislative branch- powers of congres

State Powers

Local governments, schools, state commerce, marriage, protect health.

1804

Made major change to electoral college- 13 amendement, had to name president and vice president separately.

Other Executive Agencies

Nasa, CIA, FBI

exclusive powers/ Delegated powers

National government powers

Amendment 4

No Unlawful Search- unless in... car, airplane, game. Only can be checked for probable causes

Does one Group have to much power?

No because of checks and balances

Results of the electoral college

Party Nominations- for Vp and p Party Electors- Pledged to vote for their parties candidate

1800

Peacful trasfer of power when Jefferson Became President and Burr got vice. decided by house of reps

The impelied powers

Powers not specifically written in the constitution.

The enumerated or expressed power

Powers written or stated in constitution

The Vice President

President of Senate, votes in case of tie, takes over if president goes bye bye

The Independent Executive Agencies

Regulate commisons and protect public interests, run gov. corp. (mint, mail). Agency outside cabinet oversees (nasa, bfi, cia)

The senate

Represents the states based on equality- upper house 100 members 2 per state 6 year staggered terms. 30 years, 9 years a citizen, live in represented state.

Amendment 5

Rights of the Accused- no double jeopardy, due process of law, no self incrimination

Amendment 9

Rights of the People- Federalist view. We still have rights that aren't implied because we listed our rights

popular sovereignty

Rule by the People

precedent

Say what a law is- affects law in all states.

secure the blessings of the liberty

Secure our freedom

Chief of State

Serves as a symbol of country, ceremonial duties.

Reserved

State government powers

What are our rights?

Stated in bill of rights and amendment 9

Legislative

THE UNITED STATES CONGRESS, HOUSE OF REPRESENATIVES

How the constitution is organized.

Article, Section, Clause

Amendment 2

The Right to Bear Arms

federalism

The division of power of the national government

Article 2

The executive branch- qualifications, powers, duty

the "Five Freedoms"

The first 5 amendements- Religion, Speech, Press, Assembly, and Petition

speech

The freedom of speech. Pure speech- spoken words speech plus- words and action symbolic speech- actions

power of the purse

The influence that legislatures have over public policy- huge congressional power

Article 3

The judicial branch, interprets law, supreme court

Executive Branch

The office of the president.

Preamble

The opening paragraph of the Constitution and tells what founding fathers set to do. Structure of what we need to do

President Pro Tempore

The senate- Leader of majority party, third in line to presidency, ceremonial position.

Constitution

The united states constitution

Bill of rights

To protect our rights and ratify the constitution- the first 10 amendments of the constitution with a balance of individual rights and the rights of community. (listing of freedoms)

Amendment 6

Trial rights- cant have an impartial jury and must be told what they did. Have the right to a witness and an attorney

1796

Two political parties developed, federalists and the democratic republicans- jerferson vp and adams p- bank

exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial. Due process of law

what limits the government

a system of government that is bound to certain principles of action by a state constitution.

Article 5

amendment process

jurisdiction

authority to hear a case, the right to be heard

Federal Court System

created in article 3 in constitution the other courts are created by congress

pardon

decision to allow a person who has been convicted of a crime, to be free

promote the general welfare

encouraging the widespread health, happiness and fortunes of Americans.

Supreme Court

established by constitution has 9 members- say what the law is

due process of law

gov has to follow procedure and cant find stuff illegally.

bicameral

having two branches in congress- great compromise

District Court

hear cases for first time do 90% of work at least one in each state

enumerated or expressed powers

how three distinct government branches of the central government work- tax, coin money, raise an army, trade, postage, etc.

Congress non-legislative powers

investigate- president and instititions impeach- make a formal statement saying that a public official is guilty confirm- presidential treaties (senate)

Article I

legislative branch and what it can and cant do, powers of congress.

National powers

maintain militaries, Declare war, postal, weight and measurements, copy rights

Article 6

national supremacy limited by the people

obscenity

offensive, rude, or disgusting according to accepted moral standards

Economic Chief

oversees the economy and appoints officers (confirmed by senate) prepares national budget (passed by congress)

Ensure domestic tranquillity

peace within the country, avoiding chaos and rebellion against the public- rights.

implied powers

powers not explicitly named in the Constitution but assumed- named in Article I. CARRY OUT THE LAWS

Chief Legislator

proposes laws not in congress, calls congress in session and has the power to veto!

cruel and unusual punishment

punishment that is clearly inhumane or that violates basic human dignity

Article 7

ratification 9 out of 13

Article 4

relationship between the states, faith and credit of the states.

House of Representatives

represents the people- based on population- Lower house but bigger with 435 members with 2 year terms. Each state has at least 1 member. 25 years or up 7 years a citizen and lives in state- serve district

Amendment 10

reserved powers- Anything not in the constitution is State Government powers

judicial review

reviews/ checks other branches, checks and balances and determines if its unconstitutional.

separation of powers

separating the government into three branches to have checks and balances on the executive. Afraid this would become a three headed monster.

concurrent

shared powers

concurrent powers

shared powers between the national gov and state

a constitution

the principle, structure and laws to set up and support the gov. Things we can and can't do. Stays in check by the people and protects from tyranny/ total power.

elastic clause

to make laws (carry out) necessary and proper for the powers of the government- Keeps in tact and says what is and isn't. allows congress to stretch its powers

commerce power

to regulate commerce among foreign nations and the several states, and tribes- huge congressional power

freedom of expression

wear what you want say what you want do what you want as long as its legal.

free exercise clause

Congress can't get in the way of practicing your religion, clothing, food, praying.

establishment clause

Congress cant pass a law is establishment of a religion. No promotion of demotion of a religion.

checks and balances

A way to make sure certain parts of the government doesn't have too much power

Establish Justice

Being fair to all

Congress

Can propose constitutional amendments, legislative branch- two houses

prior restraint

Can't stop you from publishing something until it is published.

double jeopardy

Cant be juried 2 for the same crime

What can the president do?

Cant do everything because of checks and balances, He isnt the only person in the branch, other people follow prez and the prez works for the people.

reapportionment

Changing representation in the legislative body.

Shared Powers/concurrent

Collect taxes, Courts, state commerce, banks, borrow money, punish crminals, enforce laws

The Cabinet

Each person in this concentrate on certain executive responsibilities- 15 departments/ Secretaries (agriculture, defense, education, homeland security, labor, state, transportations, etc.)

Chief Executive

Enforces Federal Laws, appoints officials (confirmed by senate)

time, place, and manner

What the government can limit on your assembly