Constitution study
No
Did the Constitution of 1787 require Senators and Representatives to take a religious test?
Every ten years
How often is the population to be counted?
So every 2 years 1/3 of new senators get elected
The Senate is divided into three classes. Why?
Women are able to vote
Who is guaranteed the right to vote by the Nineteenth Amendment?
2/3 of the senate
Whose help does the President need in order to enter into treaties?
regulate commerce with foreign nations, and among several states
Article I, Section 8 outlines Congress's enumerated powers. Be familiar with those powers. What can Congress do? (Pay particular attention to the "commerce clause").
sign it, don't sign but allow to go in effect, veto it, pocket veto it
Article I, Section 7 contains the "presentment clause." What options does the President have when he is presented with a bill?
gives congress the power to carry out their enumerated powers
Article I, Section 8 ends with the "necessary and proper clause." Consider how this clause might best be understood. Does it provide Congress with flexibility, or rigidity?
6 years
How long is a Senator's term?
the people are the slaves. the constitution attempted to outlaw slave trade before 1808, until it was banned in 1808
Article I, Section 9 begins with a clause about the migration or importation of "such Persons as any of the States now existing shall think proper to admit." What is going on here? Who are these persons? What can happen in 1808?
We the people
What are the first three words of the constitution?
treason, bribery, or other high crimes
For what can a President of Vice-President be impeached?
The original jurisdiction of a court is the power to hear a case for the first time
What is original jurisdiction?
prevents a state from treating citizens of other states in a discriminatory manner.
What is the "privileges and immunities clause" of Article IV, Section 2?
hand the case to the supreme court
What is the President to do with Ambassadors and other public Ministers?
the right to bear arms
What is the Second Amendment about? (Is it complicated or straight forward?)
May 7, 1992
What is the date of the most recent amendment?
I do solemly swear that I will faithfully execute the Office of the President of the United States, and will do the best of my ability, preserve, protect and defend the Constitution of the US
What is the oath the President must take?
right to a quick public trial
What rights are guaranteed in the Sixth Amendment regarding criminal trials?
freedom of religion, speech, press, assembly, and petition
What rights are mentioned in the First Amendment?
executive branch
Which branch of government does Article II deal with?
judicial branch
Which branch of government does Article III deal with?
congress
Who admits new states to the Union?
supreme court justices, needs consent from senate
Who does the President have the power to appoint? Whose "advice and consent" does he need? Can he ever make such appointments with that consent?
18 year olds
Who gets to vote after the Twenty-Sixth Amendment?
Vice President, only can vote when a tie occurs.
Who is President of the Senate? When can he vote in the Senate?
Chief Justice
Who is the presiding officer during impeachment trials?
17
How amendments have there been added to the original Constitution?
supreme court establishes and ordains them
How are inferior courts to be established?
1. Bill is Drafted 2. Introduced in House 3. Sent to Committee 4. Committee Action 5, Rules Committee 6. Floor Action 7. Introduced in Senate 8. Committee Action 9. Bill Called Up 10. Floor Action 11. Conference Committee 12. Vote on Compromise 13. Presidential Action 14. Vote to Override
How does a bill become a law?
power is possessed by the president
How does its first sentence differ from that of Article I?
Can't be elected more than two terms
How does the Twenty-Second Amendment affect the President?
The power of a judicial branch shall be given to the supreme court
How does the first sentence of Article III compare to the first sentences of the previous two Articles?
for life or "good behavior" as stated
How long are the terms of federal judges?
four years
How long is a presidential term of office according to the Constitution of 1787?
one supreme court
How many Courts are explicitly established by Article III?
amount equal to number of senate and HOR
How many Electors does each state get?
2
How many Senators does each state have?
9
How many states were required to ratify the Constitution?
two
How many witnesses are necessary in order to be convicted of treason?
Every two years, chosen by the people of the states
How often are members of the House of Representatives to be chosen? Who chooses them?
from time to time, but is often done yearly
How often is the President required to supply Congress with information on the state of the union?
30
How old do Senators have to be?
cases affecting ambassadors and other public ministries
Over what does the Supreme Court have original jurisdiction over?
can't enter a treaty, can't lay duties on imports or exports, can't engage in war
Article I, Section 10 lays some prohibitions upon the states. What are they?
an unlisted right doesn't mean that right will be denied
Are our rights limited to what is mentioned in the Bill of Rights? (Refer to the Ninth Amendment.)
Senate and the HOR
Article I, Section 1 names two Houses of Congress. What are they?
no bill of attainder can be passed, no capitation, no tax for articles from different states, no money drawn from the treasury
Article I, Section 9 lists things Congress cannot do? What are they and are there any exceptions?
Commander of the Army and Navy, grants of pardons, can make treaties
Article II, Section 2 lists some of the President's duties and powers. What are they?
addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state."
Article IV, Section 1 begins with the "full faith and credit clause." What does it describe?
2/3 in the houses. 3/4 of the states
Article V deals with amendments to the Constitution. By what ratio must such amendments pass in the two houses of Congress? How many states must approve them? (Recall that every state was needed to amend the Articles of Confederation.)
35 years old, lived in USA for last 14 years, natural born us citizen
How old do you have to be in order to be elected president? What other requirements are there? (Do you have to be born in the United States?)
By legislature
How were Senators originally chosen?
he returns it with his objections
If the President vetoes a bill, what is he further required to do?
nothing because of the statement of no corruption of blood
If your father is convicted of treason, what happens to you?
HOR
In which House of Congress (the House of Representatives or the Senate) do bills for raising revenue originate?
no double jeopardy and no public property can be taken for public use without compensation
The Fifth Amendment ends with two important clauses, one dealing with "the due process of law" and the other "private property." What are these two clauses about?
Legislative
The First Amendment mentions a particular branch of government. Which one?
anyone born in the US are citizens of the US and the state they where they reside. No immunities or privleges are allowed by the states
The Fourteenth Amendment is very important. Read it, especially Section 1 therein, closely. What does it say about citizenship? What about privileges or immunities? What about equal protection?
cases of impeachment
The President may pardon offences against the US, with the exception of what?
2/3 of the senate
The Senate is to try all impeachments (the House of Representatives does the impeaching, or indicting). How many Senators are needed in order to convict those impeached?
1- freedoms 2- right to bear arms 3-troops can't quarter at your home 4- no unreasonable searches 5-no double jeopardy 6- right to quick public trial 7-suit over $20, must have jury 8-no cruel punishments 9-unlisted right may not be denied 10-unused power to the states
The first ten amendments were passed together by the First Congress and are known as the Bill of Rights. Be familiar with them.
men were counted among the population. slaves were counted as 1/5 of a person
The number of Representatives per state is to be determined based on population. According to the Constitution of 1787 (the original Constitution prior to amendments) who was and was not to be counted among the population?
Entails the U.S law has supreme rule of the land
The second paragraph of Article VI is referred to as the "supremacy clause." What does it entail?
At least 25 years old, seven years a citizen of the US, be an inhabitant of the state chosen
What age would you have to reach before you could be Representative in the House of Representatives? How long would you have had to be a citizen of the US? What else is necessary?
all types of cases
What are the cases that the judicial power shall extend to? (Article III, Section 2)
All legislative powers herein granted
What are the first five words of article 1, section 1?
form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and ensure the blessings of liberty to ourselves and our posterity
What are the six purposes of the constitution?
legislative branch
What branch of government does article 1 describe?
he becomes a fugitive from justice and he can be returned to the original state if caught in another
What can happen if you commit a crime in one state and run to another state?
Direct election of senators
What changes in the Seventeenth Amendment regarding the Senate?
September 17
What date is mentioned in Article VII? (Constitution Day)
no unreasonable searches, need warrant or justifiable cause
What does "searches and seizures" refer to in the Fourth Amendment?
The sale, manufacture, and consumption of alcohol
What does the Eighteenth Amendment prohibit?
Voting rights can't be denied because of race
What does the Fifteenth Amendment say?
Can lay and collect taxes on income
What does the Sixteenth Amendment allow Congress to do?
Powers not reserved to the United States are reserved for the States
What does the Tenth Amendment say? (Notice the word "expressly" is not there. Compare to the Articles of Confederation.)
Slavery
What does the Thirteenth Amendment prohibit?
The prohibition of alcohol is revoked
What happens in the Twenty-First Amendment?
The terms of the president and vice president end
What happens on the 20th of January after the Twentieth Amendment?
The U.S. law has supreme power
What happens when a state law conflicts with a U.S. law or treaty? Who is to enforce this?
The person is removed from office and cannot hold another public position. The party can be punished accordingly.
What happens when one is convicted after impeachment? Can the Senate add to the punishment?
guarantee of a republican form of government
What is Article IV, Section 4 about?
A special legislative enactment that imposes a death sentence without a judicial trial upon a particular person or class of persons suspected of committing serious offenses, such as Treason or a felony.
What is a Bill of Attainder?
A writ (court order) that commands an individual or a government official who has restrained another to produce the prisoner at a designated time and place so that the court can determine the legality of custody and decide whether to order the prisoner's release.
What is a writ of Habeas Corpus?
Laws that provide for the infliction of punishment upon a person for some prior act that, at the time it was committed, was not illegal.
What is an ex post facto law?
Appellate jurisdiction is the power of a higher court to review decisions and change outcomes of decisions of lower courts.
What is appellate jurisdiction?
2/3 vote in both houses
What is necessary for Congress to overcome a presidential veto?