AP Government- Constitution Test

What are the two main restrictions in Sec. 6, Clause 2?

1. People serving in office in either executive or judicial branch cannot simultaneously serve in Congress, vice versa. 2. A member of Congress cannot resign from his seat in order to take another job (usually of higher pay)

Which exception requires a Presidential signature?

A simple resolution not sent to the President for his signature does not have the force of law.

Where must all revenue bills originate (Section 7, clause 1)?

All bills for raising revenue originate in the House of Representatives

How can a Bill become a law if the President vetoes it?

Congress can override the president's veto is each house of Congress passes the bill again by a 2/3 vote

What is the formula that determines the day of the Presidential election in any given election year?

Congress has always chosen to hold the presidential election on the Tuesday following the first November Monday

What did Clause 2 establish?

Congress is allowed to borrow money on the credit of the United States

How is the list of powers in section 9 different from those in section 8?

Congress' power to tax is limited by section 9 clause 4. All the monetary powers are limited by the denied powers clauses to prevent corruption and makes everything fair

What two things does impeachment NOT prevent?

Conviction and Imprisonment

In clause 3, how was the provision for direct taxes changed?

Direct taxes are appointed (divided) by population. This clause requires that a census be taken every 10 years to count the population in each state to ensure that each state's representation in Congress is proportional, as well as the tax system. However, the tax system today requires it to charge in proportion to each individual's income, not to how many people are in the state.

How long is the term of office for a Senator?

Each Senator serves for 6 years.

How many states are there from each state?

Each state has 2 senators

What is the basis for the number of Representatives?

Each state is entitled to at least one Representative. 1 rep for every 30,000 people, based on the state's population.

What percentage of the vote is needed to find someone guilty of impeachment?

If 2/3s of the Senators vote to convict, the impeached official is removed from office (66%)

When can a bill become a law without the President's signature?

If each chamber can pass the vetoed legislation with a 2/3rd majority, the bill automatically becomes law without the president's signature

The 25th amendment modified Clause 6. Under the new guidelines, who becomes president if the president can no longer fulfill that duty? How is this different from the original system found in Clause 6?

In case of the removal of the President from office on his death or resignation, the VP shall be Pres. The 25th amendment partially replaced the ambiguous wording of Article 11, Section 1, Clause 6 which deals with the succession to Presidency and establishes procedures both for filling vacancy in the office of the VP as well as responding to Presidential disabilities.

What level of officials do NOT require Senate approval

Inferior officers

In clause 6, what is the penalty for conviction for impeachment?

Removal from office and banned from future government service

What is the term of office for a member of the House of Representatives

Representatives serve 2 year terms

What can the Senate do to revenue bills?

Senate can amend any bill sent to it from the House

Clause 3 was altered by the 12th amendment; What role does the Senate play?

Senate chooses VP

Who chose the Senators in the original Constitution?

Senators were originally chosen by the Legislatures

What is the term of office for the President?

Serves 4 year terms- limited to two terms

What yearly speech is referred to in the section 3 of article II

State of the Union address

What power does the Senate have in impeachments?

The Senate must conduct the trial/serve as judge and jury

What happens after ten days if the President doesn't sign a bill?

The bill automatically becomes a law, unless Congress is adjourned (pocket veto)

How did the "classes" of Senators bring about a staggered system of election? (Section 3, Clause 2)

The divided classes were to ensure that a third of the Senate's seats are up for election every two years, making the Senate a "continuing body" All Senators will never face election simultaneously.

When does the President of the Senate get to vote?

They do not get to participate in any debates or cast a vote, except in the circumstance of a tie

Clause 3 was altered by the 12th amendment Where are the electors votes counted?

he Electoral College does not come together to meet as a body; rather the chosen electors gather in the capital of each state to officially cast their votes for president and vice president. These ballots are then transmitted to the president of the Senate who officially declares the winner in front of both the House and the Senate.

What power is denied to the states under most circumstances in Clause 2?

"No state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws"

What are the three requirements for being in the House of Representatives?

1. At least 25 years old 2. U.S. citizenship for at least 7 years 3. Must live in the state from which he or she is chosen

What are the qualifications for President as provided in Clause 5?

1. At least 35 years old 2. Lived at least 14 years in the US 3. Has the be a natural born citizen

Section 6, what two immunities are granted member of Congress?

1. Congressmen gain compensation from the government, at a salary they set themselves. 2. They cannot be harassed by the police unless they committed treason or other serious crimes. They cannot be charged with a crime for anything they say in Congress

What 2 things does the President swear to in his/her oath of office?

1. President will solemnly swear that he/she will faithfully execute the office of President of the United States 2. The President will solemnly swear to will to the best of his/her ability, preserve, protect, and defend the Constitution of the United States

What six powers are denied to the states in Clause 3? What is the exception?

1. States cannot collect fees from foreign vessels (duty of tonnage) 2. states cannot keep army in time of peace 3. states cannot enter any agreement with another state 4. states cannot enter agreement with an foreign power 5. states cannot keep navy in time of peace 6. states cannot engage war, exception: unless actually invaded

There are 12 denied powers of Congress listed in 8 clauses

1. bans congress from banning the importation of slaves before 1808 2. can't suspend Habeas Corpus (every person has the right ot be accused of a crime before being thrown in jail) except in times of invasion or rebellion 3. no ex post facto (can't punish someone for a crime that isn't illegal) 4. can't tax individuals at different rates 5. can't tax export tax 6. can't create laws that favor particular states 7. government can't spend money w/o Congress appropriating it 8. congress cannot give titles of nobility

List 10 major powers of the Pres

1. commander in chief of army and navy when called into service 2. require the opinion of the principal officer in each executive department 3. Have power to grant reprieves and pardons 4. Have power to make treaties 5. Nominate and appoint ambassadors judges of the Supreme Court and others 6. Fill up all vacancies during recess of the senate 7. Give congress info of state of union 8. Receive ambassadors and other public ministers 9. Take care that all laws will be faithfully executed 10. Commission all officers of the US

List the qualifications for being a Senator

1. must be at least 30 years old 2. must be a U.S. citizen for at least 9 years 3. must be living in the state from which he or she is elected

List the expressed powers of Congress listed in Section 8, Clause 1

1. power to tax 2. power to borrow money 3. regulate foreign and interstate commerce 4. establish uniform rule of naturalization/laws of bankruptcy 5. coin money and regulate the value of 6. punish counterfeiting 7. create and regulate post offices/post roads 8. Promote progress of science by serving copyrights and patent laws 9. establish a federal court system 10. define/punish piracies or felonies on sea and offenses against law of nations (coast guard) 11. power to declare war 12. create and maintain a standing army 13. provide and maintain a navy 14. make rules for armed forces 15. call forth militia 16. pass rules governing militia 17. make laws for Washington D.C. 18. make all laws necessary and proper for executing these powers

From Section 10, Clause 1, list the eight powers denied to the states

1. states cannot make own money 2. no state can enter into any treaty 3. states cannot interfere with legal contracts 4. states cannot create own treaties, bills of attainer, ex post facto laws 5. states cannot grant letters of marque & repisal (gov't license authorizing private attack and capture) 6. states cannot emit bills of credit (debt) 7. states cannot make anything but gold and coin for debts 8. states cannot grant any title of nobility

List the six goals stated in the Preamble

1. to form a more perfect union 2. establish justice 3. ensure domestic tranquility 4. provide for the common defense 5. promote the general welfare 6. secure the blessings of liberty for ourselves and our posterity

What percentage of members of each House can request that a vote in their house be official recorded? (As Yeas or Nays)?

1/5th (20%) of member of each House can request that a vote in their house be officially recorded

What percentage of Senators must agree with the president in making appointments or treaties with foreign nations?

2/3 (66%) of senate must agree

What percentage of both Houses of Congress must agree to override a veto?

2/3 by both Houses (66%)

How did Section 2, Clause 1 lead to the formation of today's Presidential Cabinet?

As chief executive, the president runs the different agencies and may require the opinion of each principal officer

In Section 2, Clause 1, what power is provided to the President regarding military?

Commander in Chief of the army and navy of the US

Who has the power to decide what day the Electors meet?

Congress

What other Congressional require Presidential signature?

Every bill, order, resolution, or vote that must be passed by both the houses, except on a question of adjournment, must be presented to the President before becoming a law. Joint resolutions of Congress are special measures passed under special circumstances sent to the president for his signature. However, a joint resolution signed by the president has the force of law.

Which branch does Article Two describe?

Executive Branch

What is the ultimate punishment of a member of either House, and how many members must agree to this punishment for it to be enacted?

Expulsion, a power that both houses have if one of their members are acting badly. Expulsion requires a 2/3s vote.

What did Section 1 of Article 1 provide for?

Gives Congress the government's power to make laws. It also says that the Congress is divided into two chambers, the House and the Senate.

What can a president NOT pardon or reprieve someone convicted of a federal crime?

He cannot pardon cases of impeachment

With whom does the president share appointment and treaty powers?

He has power, with the consent of the Senate, to make treaties, provide 2/3 of Senate to concur

Under Section 5, how were the rules of the House and Senate determined?

House and Senate are given the power the judge the qualifications of their own members. A majority of either chamber's membership is required to be present to constitute a quorum.

Which House has the Power of Impeachment?

House of Representatives

Who are the "electors" of the members of the House of Representatives?

Members are chosen every second year by the people of the states

What is the rule for adjournment that both Houses must share?

Neither the House nor the Senate can go out on extended vacation while the house remains in business, unless approved by the other house. They can't stop meeting for more than 3 days. Both houses of Congress must meet in the same city.

Who specifically cannot serve as an Elector?

No senator, or representative, or person holding an office of Trust of profit under the United States, shall be appointed Elector

How does the opening of the Preamble express popular sovereignty (power)?

Popular sovereignty/sovereignty of the people is the principle that the authority of the government is created and sustained by the consent of the people, through their elected Representatives (rule by the People), who are the source of all political power. The first three words of the Constitution- "We the People"- imply popular sovereignty, showing the right of the American people.

What is the purpose of the "elastic clause" (clause 3) and what power does it provide?

The "elastic clause" is a statement in the constitution that grants Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers. It is the basis for all of the legislative branches implied powers and used to justify a gradual expansion in the general power of Congress and the entire federal govt.

What eliminated the 3/5th compromise? (Clause 3)

The 13th amendment, which banned slavery following the Civil War, took out the 3/5th Compromise.

Who presides if it is the President who is being tried for impeachment?

The Chief Justice

Clause 3 was altered by the 12th amendment; Who decides who is president if no one has a majority or if there is a tie?

The House of Representatives chooses immediately by ballot

What is the sole position in the House that is mentioned in the Constitution?

The House of Representatives has the power to choose its own leaders, customarily the Majority Party chooses its leader to serve as the Speaker of the House.

What is the limit placed on the number of Representatives today? (Since 1911)

The House of Representatives shall be composed of 435 members, fixed by law.

Which Branch is described in Article One?

The Legislature

Who is the head of the Executive Branch?

The President

What is the substitute position for when the President of the Senate is absent?

The Senate could choose a president pro tempore- typically a senior senator of the Majority Party

What level of government authority controls the election process or manner in which members of Congress are elected? Is their authority absolute?

The legislative branches of the states and federal government. The responsibility lay primarily with the states to organize congressional elections, but gives Congress the power to set new regulations for the federal elections.

Define Quorum

The minimum number of members of an assembly or society that must be present to conduct the business of the group.

If the President is replaced by the VP during his term, how is a new VP chosen?

The new president shall nominate a VP who shall take office upon confirmation by a majority vote of both houses of congress

How is the number of Electors to the Electoral College determined? (clause 2) and how are they appointed?

The number of electors are equal to the number of Senators and Representatives (combined) for which the state may be entitled in Congress. Generally, the political parties nominate electors at their State party conventions or by a vote of the party's central committee in each State.

Clause 3 was altered by the 12th amendment; What must a person receive to become the president?

The person with the greatest number of votes shall be President

What cannot happen to the President's pay scale during his/her term? Why?

The president receives a pre-set salary that cannot be changed during the course of his term. Article 1 Section 9 says that no money shall be drawn from the treasury, but in consequence of appropriations made by law. The president can't get his hands on one dime of the public's money without Congress first approving that spending in an appropriations bill.

What is meant by a "recess" appointment and why it might be used?

The president shall have power to fill up all vacancies that make happen during recess of the senate. A person is chosen by the President to fill a position, such as an ambassadorship or head of department, while Senate is not in session, thereby passing a Senate approval.

What are the offense for which government officials can be impeached?

Treason and Bribery

In Clause 4, who is the President of the Senate?

Vice President