history 111 exam 2

apportionment

Distribution of representatives among the states based on the population of each state

Define extradition

Extradition is the legal process by which a person who has been accused or convicted of a crime in one jurisdiction is returned to that jurisdiction from another jurisdiction where they have taken refuge. The purpose of extradition is to ensure that the accused or convicted person faces justice and is held accountable for their actions.

Under Article IV, what are all citizens entitled to?

Under Article IV of the U.S. Constitution, all citizens are entitled to certain rights and privileges, regardless of their state of residence. Specifically, the Privileges and Immunities Clause of Article IV guarantees that citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states. This means that citizens have the right to travel freely between states, engage in business and commercial activities, and access the courts and legal system. They also have the right to be protected by the government and to receive the benefits of citizenship, such as the right to vote and the right to petition the government. The purpose of the Privileges and Immunities Clause is to promote national unity and equal treatment of citizens, regardless of where they live. It helps to prevent discrimination against citizens based on their state of residence and promotes the free flow of commerce and ideas between the states.

How did Alexander Hamilton describe the powers granted to the courts in the Constitution?

Alexander Hamilton, one of the Founding Fathers of the United States and a key author of the Federalist Papers, wrote extensively about the powers granted to the courts in the Constitution. In Federalist No. 78, Hamilton described the role of the federal judiciary and emphasized the importance of an independent judiciary to ensure the protection of individual rights and to prevent the other branches of government from overstepping their constitutional bounds. Hamilton argued that the judiciary had the power of judicial review, which allowed it to declare acts of Congress unconstitutional and nullify them. He believed that this power was necessary to prevent Congress from passing laws that violated the Constitution and to protect the rights of individuals against the tyranny of the majority. Overall, Hamilton believed that the powers granted to the courts in the Constitution were essential to the functioning of the U.S. government and to the protection of individual rights and liberties. His views on the judiciary helped shape the U.S. legal system and continue to influence legal thinking today

Use of Presidential pardons and reprieves

The President of the United States has the power to grant pardons and reprieves for federal offenses. A pardon is an executive action that forgives a convicted person for a crime and eliminates any punishment associated with that crime. A reprieve, on the other hand, is an executive action that postpones the punishment of a convicted person for a period of time. The use of presidential pardons and reprieves is an important part of the U.S. justice system, as it allows the President to grant mercy to individuals who have been convicted of federal crimes. Presidents have used this power in a variety of ways over the years, from pardoning political allies to granting clemency to individuals who have served long prison sentences for nonviolent offenses.

Explain the impeachment process—what does it cover, how does it work, who is responsible for what aspect

The impeachment process is a constitutional mechanism for removing federal officials, including the President, Vice President, and other civil officers, from office for "high crimes and misdemeanors." The impeachment process is outlined in Article I, Section 2 and Section 3 of the U.S. Constitution. Here's a general overview of the impeachment process: The House of Representatives: The impeachment process begins in the House of Representatives, which has the sole power to impeach federal officials. A member of the House may introduce articles of impeachment, which are essentially charges against the official being impeached. The House Judiciary Committee typically investigates the charges and holds hearings to gather evidence. If a majority of the House votes to approve one or more articles of impeachment, the official is considered impeached. The Senate: After an official is impeached by the House, the Senate holds a trial to determine whether to convict and remove the official from office. The Chief Justice of the Supreme Court presides over the trial, and the Senators serve as jurors. The House appoints managers to present its case in the trial, while the impeached official is represented by counsel. Conviction and Removal: In order to convict and remove an official from office, two-thirds of the Senate must vote in favor of conviction. If the official is convicted, the Senate may also vote to disqualify the official from holding future federal office. It's worth noting that impeachment is a political process, not a criminal one. While impeachable offenses are not defined in the Constitution, they are generally considered to be abuses of power, violations of the public trust, or serious violations of the law. The impeachment process is overseen by Congress, with the House of Representatives responsible for initiating impeachment proceedings and the Senate responsible for holding the trial and making a final determination on whether to convict and remove the official from office. The Chief Justice of the Supreme Court presides over the Senate trial when the President is being impeached, and the Senate Majority Leader is responsible for setting the trial schedule and procedures. Ultimately, the decision to impeach and remove an official from office rests with Congress, and cannot be overruled by the executive or judicial branches

Identify how vacancies in Congress are filled

1) House of Representatives: If there is a vacancy in the House of Representatives, the Governor of the affected state must issue a writ of election to hold a special election to fill the vacancy. The timing of the special election is up to the Governor and the state law. 2) Senate: If there is a vacancy in the Senate, the process for filling the vacancy depends on the timing of the vacancy. If the vacancy occurs more than 4 months before the next general election in the state, a special election is held to fill the vacancy. If the vacancy occurs less than 4 months before the next general election, the Governor of the affected state may appoint a replacement to serve until the next general election. 3) Recess Appointments: The Constitution also allows the President to make temporary appointments to fill vacancies during the recess of the Senate. However, these appointments expire at the end of the Senate's next session. It's important to note that each state has its own rules and procedures for filling vacancies in the House of Representatives and the Senate, which may vary from the general procedures outlined above

Trace the steps necessary for a bill to become law

1) Introduction: A bill can be introduced in either the House of Representatives or the Senate. It can be introduced by any member of Congress, but typically it is introduced by a member of the majority party. 2) Committee review: After the bill is introduced, it is referred to one or more committees for review. The committee will hold hearings, listen to testimony from experts, and make changes to the bill as necessary. 3) Committee markup: Once the committee has reviewed the bill, they may make changes to it in a process known as markup. The committee may also vote to recommend that the bill be passed, amended, or not passed. 4) Floor consideration: If the committee recommends that the bill be passed, it is sent to the floor of the House or Senate for debate and voting. Amendments may be added to the bill during this stage. 5) Conference committee: If the House and Senate pass different versions of the bill, a conference committee may be formed to reconcile the differences between the two versions. 6) Presidential action: Once the House and Senate have passed the same version of the bill, it is sent to the President for approval. The President can either sign the bill into law or veto it. If the President vetoes the bill, Congress can override the veto with a two-thirds vote in both the House and the Senate. 7) Enactment: If the bill is signed into law by the President, it becomes a law and is recorded in the United States Code, the official compilation of federal laws.

Identify the following for the Supreme Court: qualifications, terms, conditions of service

1) Qualifications: There are no specific qualifications for serving as a Supreme Court Justice outlined in the Constitution. However, Justices are typically lawyers or judges with significant legal experience. 2) Terms: Supreme Court Justices are appointed for life, or until they choose to retire or are impeached and removed from office. This is to ensure that the Justices are not subject to political pressure or influence and can make decisions based solely on the law and the Constitution. 3)Conditions of Service: Supreme Court Justices are appointed by the President and confirmed by the Senate. They receive a salary, which is set by Congress and cannot be decreased during their term in office. Justices also have access to certain privileges and benefits, such as access to medical care and retirement benefits. They are expected to maintain high ethical standards and to avoid conflicts of interest, and may be subject to disciplinary action if they violate these standards. In addition, they are required to participate in oral arguments and conferences, read and review briefs and other materials, and prepare opinions and dissents

What does the federal government guarantee to the states?

1) Republican form of government: The federal government guarantees to every state a republican form of government, which means that each state must have a representative form of government, rather than a monarchy or dictatorship. 2) Protection from invasion and domestic violence: The federal government is responsible for protecting each state from foreign invasion and domestic violence, and can intervene in state affairs to maintain public safety and order. 3) Respect for state sovereignty: The federal government must respect the sovereignty of each state and cannot interfere with its internal affairs or infringe on its powers. 4) Full faith and credit: Each state must give full faith and credit to the public acts, records, and judicial proceedings of every other state. 5) Privileges and immunities: Citizens of each state are entitled to all the privileges and immunities of citizens in the several states. 6) Equal representation in the Senate: Each state is entitled to equal representation in the U.S. Senate, regardless of its size or population. 7) Protection of voting rights: The federal government is responsible for protecting the voting rights of all citizens, and can intervene in state elections to prevent discrimination or other violations of voting rights.

Review and be able to identify the 17 enumerated powers of Congress

1) To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States 2) 2To borrow money on the credit of the United States 3) To regulate commerce with foreign nations, and among the several states, and with the Indian tribes 4) To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States 5) To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures 6) To provide for the punishment of counterfeiting the securities and current coin of the United States 7) To establish post offices and post roads 8) To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries 9) To constitute tribunals inferior to the Supreme Court 10) To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations 11) To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water 12) To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years 13) To provide and maintain a navy 14) To make rules for the government and regulation of the land and naval forces 15) To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions 16) To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States 17) To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

Identify the following for the Executive branch: who, terms, qualifications, election process

1) Who: The President of the United States is the head of the Executive branch. The Vice President, Cabinet members, and other appointed officials also make up the Executive branch. 2) Terms: The President serves a term of four years and can be re-elected for a maximum of two terms, for a total of eight years in office. 3) Qualifications: To be eligible for the office of the President, a person must be a natural-born citizen of the United States, at least 35 years old, and have been a resident of the United States for at least 14 years. 4) Election process: The President and Vice President are elected through the Electoral College, which is made up of electors from each state and the District of Columbia. The number of electors from each state is determined by its representation in Congress (i.e., the number of Senators and Representatives). In most cases, the candidate who wins the most popular votes in a state wins all of that state's electoral votes. The candidate who wins a majority of the electoral votes (270 or more) is elected President. If no candidate receives a majority, the election is decided by the House of Representatives.

Define the following terms related to the Supreme Court and give examples · Appellate jurisdiction · Original jurisdiction

Appellate jurisdiction: refers to the power of a court to review and hear appeals from lower courts or administrative agencies. The U.S. Supreme Court has appellate jurisdiction over all federal and state courts in cases involving federal law, the Constitution, or disputes between states. For example, if a case is heard in a U.S. District Court or a Court of Appeals, and one of the parties is dissatisfied with the outcome, they can appeal to the U.S. Supreme Court, which may choose to hear the case and issue a ruling. Original jurisdiction: refers to the power of a court to hear a case for the first time, rather than on appeal. In the case of the U.S. Supreme Court, it has original jurisdiction only in cases involving disputes between states or cases in which a state is a party. For example, in the case of Texas v. New Mexico, the U.S. Supreme Court exercised its original jurisdiction to hear a case involving a dispute between the two states over water rights. In general, cases that fall under the Supreme Court's original jurisdiction are relatively rare, and most of its cases are heard on appeal from lower courts

Identify executive actions involving advice and consent of the Senate

Appointments: The President has the power to nominate individuals to fill a variety of positions, including federal judges, Cabinet members, ambassadors, and other high-ranking officials. These nominations must be approved by the Senate before the individuals can take office. Treaties: The President has the power to negotiate and sign treaties with foreign governments, but these treaties must be approved by a two-thirds vote of the Senate before they can go into effect. Executive agreements: The President can also enter into executive agreements with foreign governments without Senate approval, but these agreements are generally less formal and have a more limited scope than treaties. Impeachment: Although impeachment is a constitutional power of the Legislative branch, the Senate has the responsibility of conducting a trial if the President or other federal officials are impeached by the House of Representatives. The Senate must vote by a two-thirds majority to convict and remove an impeached official from office.

Explain how Article I of the Constitution both clearly defines the powers of Congress and provides for flexibility

Article I of the US Constitution establishes the legislative branch of the federal government, Congress, and defines its powers and responsibilities. It outlines specific powers of Congress in Section 8, including the power to tax, regulate commerce, declare war, and establish post offices and federal courts. The Necessary and Proper Clause allows Congress flexibility in how it exercises its enumerated powers, and the implied powers doctrine grants Congress the power to make laws necessary and proper for carrying out its responsibilities. This balance of specific powers and flexibility ensures that Congress can fulfill its duties while respecting limits and checks on its power established by the Constitution

What changes to the Constitution are expressly forbidden in Article V?

Article V of the U.S. Constitution describes the process for amending the Constitution, but it also places some restrictions on what changes can be made. Specifically, the following changes to the Constitution are expressly forbidden in Article V: 1) Any amendment that would deprive a state of its equal representation in the Senate, without that state's consent. 2) Any amendment that would alter the equal suffrage provision in the Senate, which requires that each state have two senators, without the consent of all the states affected by the change.

Explain how checks and balances operates-give examples of its operation between the branches

Checks and balances is a fundamental principle of the United States Constitution, designed to prevent any one branch of government from becoming too powerful and infringing upon the rights and liberties of citizens. The principle operates by ensuring that each branch of government has some ability to constrain the powers of the other branches. For example, the legislative branch (Congress) has the power to pass laws, but the executive branch (the President) has the power to veto those laws. This means that the President can prevent Congress from enacting legislation by refusing to sign a bill into law. However, Congress can override a presidential veto with a two-thirds majority vote in both the House of Representatives and the Senate. Another example is the power of the judicial branch (the courts) to declare laws unconstitutional. This power allows the courts to check the power of the legislative branch by striking down laws that violate the Constitution. Additionally, the judicial branch can check the power of the executive branch by interpreting the Constitution and limiting the scope of the President's actions. The power of impeachment is another example of checks and balances in action. The Constitution grants Congress the power to impeach and remove the President, as well as other federal officials, from office for "high crimes and misdemeanors." This power provides a way for Congress to check the power of the executive branch and hold officials accountable for their actions. Other examples of checks and balances include the requirement for the President to seek the advice and consent of the Senate before making certain appointments or treaties, and the power of Congress to investigate and hold hearings on the actions of the executive branch. Overall, checks and balances operate by ensuring that each branch of government has some ability to constrain the powers of the other branches, thereby promoting accountability, preventing abuse of power, and safeguarding the rights and liberties of citizens.

Define the following duties: Chief of State, Commander in Chief, Chief Legislator, Chief Executive

Chief of State: As Chief of State, the President serves as the ceremonial head of the U.S. government and represents the country in official ceremonies and events. The President also has the responsibility of promoting American values and serving as a symbol of national unity. Commander in Chief: As Commander in Chief, the President is the top military commander of the United States Armed Forces. The President has the power to deploy troops, order military strikes, and make strategic decisions about national defense and security. Chief Legislator: As Chief Legislator, the President has the responsibility of working with Congress to develop and pass laws. The President can propose legislation, use veto power to reject bills, and influence the legislative process through persuasion and negotiation. Chief Executive: As Chief Executive, the President is responsible for administering the laws of the United States and overseeing the operations of the federal government. The President has the power to appoint officials, manage federal agencies, and implement policies to carry out the laws and programs of the government

Define Full Faith and Credit and its operation

Full Faith and Credit is a legal principle that requires each state to recognize and enforce the official records, judgments, and proceedings of other states. This means that a legal document, such as a marriage certificate, birth certificate, or court order, that is valid in one state is also valid in all other states. The Full Faith and Credit Clause is found in Article IV of the U.S. Constitution and was designed to promote unity and cooperation among the states. It ensures that citizens can travel, live, work, and do business in different states without having to worry about whether their legal rights and obligations will be recognized and respected.

Number of members of the House, the Senate, minimum Congressional representation per state

House of Representatives: The House of Representatives consists of 435 voting members. The number of representatives for each state is based on the state's population, as determined by the decennial census. Each state is guaranteed at least one representative, regardless of its population. Senate: The Senate consists of 100 voting members, with each state having two senators. This means that each state has equal representation in the Senate, regardless of its population. Minimum congressional representation per state: As mentioned above, each state is guaranteed at least one representative in the House of Representatives. In the Senate, each state is guaranteed two senators. This means that every state has at least three congressional representatives (one representative and two senators).

Define and explain implied powers as they relate to the three branches of government. Be able to give one example for each branch

Implied powers must be reasonably related to an enumerated power and cannot violate any explicit provisions of the Constitution. Additionally, the principle of federalism, which divides power between the federal government and the states, places limits on the exercise of implied powers by the federal government. The interpretation and application of implied powers remain an ongoing subject of debate and controversy in American politics and constitutional law

Explain the purpose for lifetime appointments of Supreme Court (and later) federal judges

Lifetime appointments for federal judges, including those on the Supreme Court, are an important feature of the United States Constitution. The purpose of these appointments is to ensure the independence and impartiality of judges in interpreting the law, provide stability and continuity to the legal system, and insulate judges from political pressure. These benefits are essential to maintaining a fair and impartial judiciary that upholds the rule of law and protects the rights of all citizens.

Define Supremacy and the areas it covers

Supremacy is a legal concept that refers to the idea that federal law is the highest law of the land, and that it takes precedence over state and local laws. This principle is established in the Supremacy Clause of the U.S. Constitution, which states that "this Constitution, and the Laws of the United States which shall be made in Pursuance thereof...shall be the supreme Law of the Land." The Supremacy Clause establishes the areas in which federal law takes precedence over state law. These areas include: 1) The U.S. Constitution itself, as well as any laws passed by Congress that are consistent with the Constitution. 2) Treaties entered into by the United States with other nations. 3) Federal regulations and administrative rules issued by federal agencies. 4) Federal court decisions interpreting federal law.

Compare the makeup (terms, requirements, powers) of the House and Senate

Terms: Members of the House of Representatives are elected every two years, and there are no term limits. Senators, on the other hand, are elected every six years, and there are no term limits either. Requirements: The requirements for serving in the House of Representatives are less stringent than those for serving in the Senate. To be a member of the House, a person must be at least 25 years old, a U.S. citizen for at least seven years, and a resident of the state they represent. To be a senator, a person must be at least 30 years old, a U.S. citizen for at least nine years, and a resident of the state they represent. Powers: Both the House of Representatives and the Senate have the power to introduce and pass legislation, but they have some differences in their powers. The House has the power to initiate revenue bills, while the Senate does not. The Senate has the power to approve or reject presidential nominations to federal positions, including Supreme Court justices and cabinet members, while the House does not. Additionally, the Senate has the power to ratify treaties and conduct impeachment trials, while the House can impeach federal officials. Representation: The House of Representatives is based on proportional representation, with each state receiving a number of representatives based on their population. The Senate, on the other hand, provides equal representation to each state, with two senators from each state, regardless of population. Size: The House of Representatives is larger than the Senate, with 435 members compared to 100 members in the Senate.

Identify the makeup of the legislative branch

The House of Representatives: The House of Representatives is the lower chamber of the United States Congress and is composed of 435 members, each of whom represents a congressional district in their state. The number of representatives for each state is based on the state's population. Members of the House are elected to two-year terms. The Senate: The Senate is the upper chamber of the United States Congress and is composed of 100 members, two from each state, regardless of the state's population. Members of the Senate are elected to six-year terms, with one-third of the Senate up for election every two years.

Define the Writ of Habeas Corpus and any restrictions placed on suspending it

The Writ of Habeas Corpus is a legal order that requires a person who is detained or imprisoned to be brought before a court or judge. The purpose of the writ is to protect individuals from arbitrary detention or imprisonment by the government. The right to habeas corpus is guaranteed in the U.S. Constitution under Article I, Section 9, Clause 2. The writ of habeas corpus can be suspended by the government in certain circumstances, such as during times of rebellion or invasion when the public safety may require it. The suspension of the writ must be authorized by Congress, and it can only be suspended in times of "rebellion or invasion" when the "public safety may require it." The suspension is typically temporary and ends when the crisis has passed. In short, the writ of habeas corpus is a fundamental protection against arbitrary detention or imprisonment by the government, and its suspension is a serious matter that should be used only in limited and specific circumstances.

Define dual court system and how it related to federalism

The dual court system refers to the coexistence of two separate but interrelated court systems in the United States: the federal court system and the state court system. The federal court system is responsible for hearing cases involving federal law and the Constitution, while the state court system handles cases that fall under state law. This system is closely tied to the concept of federalism, which is the division of power between the federal government and the individual states. The Constitution grants specific powers to the federal government, while reserving all other powers to the states. The dual court system reflects this division of power by allowing each level of government to maintain its own court system and to exercise its own authority over certain types of cases. The federal court system and the state court system have distinct jurisdictions and procedures, and cases can be heard in either system depending on the nature of the case and the parties involved. This allows for a more efficient and specialized handling of legal disputes, while also ensuring that both federal and state law are enforced and upheld. Overall, the dual court system is a key component of the U.S. legal system and plays an important role in maintaining the balance of power between the federal government and the states.

inherent powers

The powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government.

Source of Judicial Review

The source of judicial review in the United States is the Constitution itself. Although the Constitution does not explicitly mention the power of judicial review, it is widely accepted as a core component of the U.S. legal system. The concept of judicial review was first articulated in the landmark case Marbury v. Madison, which was decided by the U.S. Supreme Court in 1803.

Which state(s) did not sign ratification of the Constitution in Article VII?

There were four states that did not sign the Constitution during the Constitutional Convention in 1787: Rhode Island, New York, North Carolina, and Virginia. However, all four eventually ratified the Constitution, with Rhode Island being the last to do so on May 29, 1790. Therefore, all thirteen original states eventually ratified the Constitution, making it the supreme law of the land.

Define implied powers

These are powers that are not explicitly stated in the Constitution but are necessary and proper for carrying out the enumerated powers. One example of an implied power is the power of Congress to create a national bank, as it is necessary and proper for carrying out the power to regulate commerce.

Define reserved powers

These are powers that are not granted to the federal government by the Constitution and are instead reserved for the states or the people. Examples of reserved powers include the power to regulate intrastate commerce, establish public schools, and conduct elections

Define concurrent powers

These are powers that are shared by both the federal government and the states. Examples of concurrent powers include the power to levy taxes, establish courts, and regulate commerce.

Define enumerated powers

These are powers that are specifically granted to the federal government in the United States Constitution. Examples of enumerated powers include the power to regulate commerce, coin money, and declare war.

define resulting powers

These are powers that arise as a result of the federal government's exercise of other powers. For example, the power of eminent domain allows the government to take private property for public use, and the resulting power is the power to compensate property owners for the value of their property.