US Constitution Quiz Terms
What vote is required to impeach?
2/3 of Senate
What is an ex post facto law?
A law that changes if something was illegal or not before its enactment.
What is habeas corpus?
A person, who is under arrest, who must be brought into court before a judge.
Which amendment of the Constitution protect the rights of women?
Amendment 19
Which amendments of the Constitution address former slaves and the rights of African Americans?
Amendments 13, 14, 15, and 24.
What is a bill of attainder?
An act declaring someone guilty without trial.
Where in the Constitution is the impeachment power described?
Article 1 Section 2-3
Where in the Constitution is the veto power described?
Article 1 Section 7
Is Article 1 or 2 longer? Why?
Article 1; through Article 1, the Legislative branch is explained, which was meant to be the most important branch of the government - hence why it's first explained, and has 10 sections within its own article.
Where in the Constitution is the Electoral College described?
Article 2 Section 1 and Amendment 12.
Where in the Constitution are judicial nominations described?
Article 2 Section 2
Where in the Constitution is the ratification power described?
Articles 2 Section 2
How were US Senators chosen before the 17th Amendment?
By state legislature.
The court of original jurisdiction is the first court that hears a case. Appellate courts hear cases on appeal from lower courts. Although the Supreme Court functions primarily as an appellate court, it is the courts of original jurisdiction in certain kinds of cases. What are those?
Cases in which it is between two or more states, between citizens of different states, admiralty and maritime jurisdiction, and between citizens of the same state claiming lands under grants of different states.
What power does the Constitution give the president in the area of war?
Commander in Chief of the Army, Navy, and other militia as well as writing treaties.
Find the "takings clause" (aka eminent domain) of the 5th amendment. What does this mean?
Compensation is to be given if private property is used for the public.
The Constitution requires a simple majority for some actions and supermajority for others. A simple majority means more than half, while supermajority requirements can involve a 2/3 majority or a 3/4 majority. Most elections in the US require a plurality, or the most votes, but not necessarily a majority. Therefore: What bodies have the power to override a presidential veto?
Congress - House of Reps and Senate.
According to Article 1 of the Constitution, who has the power to declare war?
Congress - Legislative branch.
To impeach means "to bring charges against" or "to indict." What body has the power to impeach the president?
Congress; House of Reps calls for impeachment, Senate tries the president.
How might these clauses above have impacted the power of the federal government?
It allows for federal government to have the most power.
Find a power that the judicial branch holds over the executive branch.
Judicial power and review, found in Article 3 Section 1.
Find a power that the judicial branch holds over the legislative branch.
Judicial power and review, found in Article 3 Section 1.
How many times is the word privacy mentioned in the Constitution (amendments only)?
NONE!!
Summarize what this amendment of the Constitution says:
Right for citizens will not be denied regardless of gender.
What body has the power to accept or reject a president's nominations to the Supreme Court?
Senate
What body has the power to convict the president of charges brought against him in the impeachment process and thereby remove him from the presidency?
Senate
What body has the power to ratify treaties?
Senate (Legislative branch)
What margins is required to elevate a president's nominee to a seat on the Court?
Simple majority
What margin is required to choose the president?
Simple majority of electors
What was the title of our nation's first constitution? Why was it replaced?
The Articles of Confederation; there was no enforcement of federal government, it was TOO WEAK.
At the Constitutional Convention, what two plans made up the Great Compromise? What branch of government and bodies does each regard?
The New Jersey Plan and The Virginia Plan. They work through the legislative branch - New Jersey for Senate, and Virginia for House of Reps.
What are the two ways that amendments to the Constitution can be proposed?
(1.) 2/3 of both houses of Congress propose an amendment (2.) 2/3 of state legislatives call a convention
What are two ways that amendments to the Constitution can be ratified?
(1.) 2/3 vote from Congress (2.) 3/4 state convention or legislatives.
What eligibility requirements does the Constitution establish for members of the House?
(1.) 25 years of age (2.) a U.S. citizen for a minimum of 7 years (3.) an inhabitant of the state whom he or she is chosen for.
What eligibility requirements does the Constitution establish for members of the Senate?
(1.) 30 years of age (2.) a U.S. citizen for a minimum of 9 years (3.) an inhabitant of the state whom he or she is chosen for.
What eligibility requirements does the Constitution establish for the president?
(1.) 35 years of age (2.) a U.S. citizen for a minimum of 14 years (3.) an inhabitant of the state whom he or she is chosen for.
The powers of the Constitution that are specifically granted to the branches of government or to office holders are called EXPRESS POWERS. Powers that stem from the Constitution but are not specifically state are called INHERENT POWERS. Therefore: Identify two EXPRESS powers of the president.
(1.) Commander in Chief of the Army, Navy, and militia of the states. (2.) Can make treaties, so long as 2/3 of Senate who are present approve.
Identify two powers denied from Congress in the Constitution
(1.) Congress can not prohibit the migration or importation of slaves. (2.) No capitation or other direct taxes.
Identify two EXPRESS powers of Congress.
(1.) They can borrow money on the credit of the U.S. (2.) They can establish post offices and post roads.
What margin is required to override a presidential veto?
2/3
What margin is required to ratify treaties?
2/3
What vote is required to convict and remove a president?
2/3
Which amendment gives us the Establishment Clause? Summarize what the Establishment Clause intends.
First Amendment - Congress can't make a law dealing with religion or the exercise of it.
Where is the "equal protection clause"? What does this imply?
Found in Amendment 14 Section 1 - states that everyone gets equal protection by the laws.
There are two "due process" clauses. Where are they? What does "due process" of law imply?
Found in Amendments 5 and 14 - they imply fair procedures.
Where is the Commerce Clause and what does it say?
Found in Article 1 Section 8, it says Congress can regulate commerce in foreign nations, other states, and with Indian tribes.
Where is the Necessary and Proper Clause and what does it say?
Found in Article 1 Section 8, it states Congress can make a law as long as it's deemed necessary and proper.
Where is the habeas corpus clause and what does it say?
Found in Article 1 Section 9, it states that it shall not be suspended unless the public safety requires it to be.
Where are ex post facto laws discussed and what does it say?
Found in Article 1 Section 9, no bill of attainder or ex post facto law shall be passed.
Where are the bills of attainders discussed and what does it say?
Found in Article 1 Section 9, no bill of attainder or ex post facto law shall be passed.
Where is the full faith and credit clause and what does it say?
Found in Article 4 Section 1, it states that states should uphold the duties of public acts, records, and judicial proceedings.
Where is the Supremacy Clause and what does it say?
Found in Article 6 Section 2, it says the Constitution is the supreme law of the land.
What are the EXPRESS powers of the vice president?
He is president of Senate.
If no candidate for presidency wins a simple majority of the total number of electoral votes, what body has the power to choose the president?
House of Reps
According to the principle of checks and balances, each branch of the government must have control over the other branches. Look at the first three articles of the Constitution and identify one of each type of checks and balances. Indicate where each power is listed in the Constitution. Therefore: Find a power that the executive branch has over the legislative branch.
The power to fill vacancies in Senate, found in Article 2 Section 2.
Find a power the executive branch holds over the judicial branch.
The power to grant reprieves and pardons, found in Article 2 Section 2.
Find a power that the legislative branch holds over the executive branch.
The power to override vetos, found in Article 1 Section 7.
Find a power that the legislative branch holds over the judicial branch.
The power to try impeachments, found in Article 1 Section 2.
How does the House of Reps determine the rules of proceedings (the ability to have debates, riders, etc)?
They make them up themselves.
What is the standard for impeachment (aka according to the Constitution, what can the president be impeached for)?
Treason, bribery, or other high crimes and misdemeanors.
The 25th Amendment describes the sequence of events that would install the vice president as acting president against the will of the president. Outline that sequence of events.
Vice president declares the president unfit for his duties. President then states to President Pro Tempore that he's still ok to hold office. The vice president has 4 days to submit to the President Pro Tempore and House of Reps. Congress must meet within 2 days, and will then make a decision within 21 days with 2/3 majority vote.
