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Flashcards in constitution Deck (130):
0

Confederation

a group of individuals united together for a common purpose

1

Three-Fifths Comprimise

-southern states wanted their slaves to count in their population, but did not want to pay extra taxes for them
(representation w/o taxation)
-northern states argued that slaves were treated like property and not people, so they should not count as part of the population, though extra taxes would still have to be payed
(taxation w/o representation)
-three-fifths compromise:
•3/5 of slaves would be counted in the population
•3/5 of slaves would be counted toward taxation
•all white people would be accounted for

2

The Great Compromise

-combined the Virginia Plan and New Jersey Plan
-bicameral congress
-each state elected a number of representatives for the house of representatives based on population
-two year term
-senators would be elected by their state legislatures to serve a six year term
•each state would have two senators

3

Compromise

a settlement in which both sides give up something in order to reach an agreement

4

Virginia Plan

-proposed by states having larger populations
-bicameral lawmaking body called congress
-first house was to be elected by the people, and the second house was to be elected by the first house
-the number of congressmen was to be determined by the population
larger states thought they would be able to control the government.

5

New Jersey Plan

-favored by small states
-based on equality
-unicameral with the same number of representatives/votes for each state

6

Bicameral

a government with two houses

7

Unicameral

a government with one house

8

Articles of Confederation

-first national constitution of the United States in March of 1781
-each of the thirteen states would only have one vote regardless of size or population
-nine of the thirteen states had to agree for a law to pass
-no one person was in charge of the government
-the government could...
•declare war
•make peace
•make treaties
•coin + borrow money
•create post offices
•admit new states
•create an army or navy
-the government couldn't...
•tax
•control or interfere with trade between states

9

Executive Branch

-there would be one president
-he/she would be watched closely by legislative and judicial branches
-the job of the executive branch is to carry out the laws passed by the legislative branch

10

Legislative Branch

-house of representatives and the senate make up the legislative branch
-along with creating laws, they also checks the executive and judicial branches

11

Judicial Branch

-headed by the supreme court
-their job is to interpret or define the laws
-they also check the executive and legislative branches

12

Why didn't the articles of confederation work?

-there was no way to enforce the laws that were made by the legislative branch
-there were no taxes to pay for the military
-nine out of the thirteen states had to agree for anything to happen
-laws differed from state to state

13

James Madison

-father of the constitution

14

Bill of Rights

-the first ten amendments to the constitution

15

Checks and Balances

-the three branches of government were to check on each other to make sure each branch was doing its job
-this way no one branch would get too powerful
-each branch would be balanced

16

Ratify

approve

18

Ratifying the Constitution

-all thirteen states ended up ratifying the constitution
-the first state to ratify was Delaware
-the ninth state to ratify was New Hampshire (June 21, 1788)
-the last state to ratify was Rhode Island (May 29, 1790)

18

Constitution

The system of beliefs and laws by which a country, state, or organization is governed

19

Constitutional Convention

-opened in Philadelphia in May 1787
-it finished in September
-George Washington was the president
-Rhone Island refused to send any representatives in protest
-their biggest task was to achieve balance between liberty and authority
-the approved the constitution on September 17, 1787

20

Amend

to change or improve

21

Convention

A large meeting of people who come together, usually for a long period of time, to discuss their shared work, common interests, or to make decisions as a group

22

Delegates

people who are chosen to vote or act for others

23

Majority

one over half

24

Impeach

-to accuse an official of wrongdoing or misuse of power
-only House of Representatives can impeach (majority vote)
-trial is carried out by the senate (two thirds majority)
-Chief Justice of Supreme Court acts as judge to these trials

25

Privileges

special rights not given to others

26

What congressional district do we live in?

the fourteenth congressional district

27

Quorum

-necessary for any official meeting of congress to take place
-one person over half its members

28

Expel

-to remove
-to expel a member of congress, two thirds of the house or senate must agree

29

Minority

less than half

30

Congressional Record

where the house and senate both publish the notes, minutes, and records of their meetings

31

Qualifications for a Senator

-be thirty years old
-citizen of the U.S. for at least nine years
-live in the state they represent

32

Qualifications to be in the House of Representitives

-be at least twenty five years old
-a citizen of the U.S. For at least seven years
-live in the state they represent

33

Which is the only house that may introduce a money bill?

House of Representitives

34

Census

count of U.S. citizens which takes place every ten years

35

Veto

with a veto, the president is rejecting the bill

36

Adjourn

break off (a meeting, legal case, or game) with the intention of resuming it later

37

Override

-may occur if bill is vetoed and congress is still in session
-if two thirds of the starting house still agree with the bill, they may override the president
-two thirds of the other house must override the bill as well for it to become a law without the president's approval

38

Pocket Veto

-occurs when president does not sign bill within ten days after congress adjourns
-bill dies

40

Elastic Clause

-gives congress power to create all laws which shall be necessary and proper the carry out it's responsibilities

41

Enumerated Powers

-powers specifically given to congress by the constitution

42

Implied Powers

-powers given to congress that are general
-they are stated, but not enough information is given about the details

43

leader of the senate

-vice president
-Joe Biden
-president pro tempore
-Orrin Hatch

43

leader of the house of representitives

-John Boehner
-Speaker of the House

44

house of representitives (how many)

-435
-18 reps for Illinois

45

our congress person and senators

Congressperson: Randy Holtgren
Senators: Dick Durbin + Mark Kurk

46

current term and session of congress

114th term, 1st session

47

Inherent Powers

-unlisted powers that a government must have simply because it exists as a government and it needs to run it's affairs smoothly

48

Fillibuster

-only occurs in the senate
-talking for a long period of time to prevent anything from getting done

49

Federalism

a strong central government, but with shared powers with the states

50

Path From Bill to Law

1) idea
2)house/senate committee [if yes then...]
3) house/senate floor [if yes then...]
4) senate/house committee [if yes then...]
5) senate/house floor [if yes then...]
6) joint committee [if yes then...]
7) house/senate floor [if yes then...]
8) senate/house floor [if yes then...]
9) president [can be vetoed, signed, ignored, or pocket vetoed]

*at any point if a 'yes' is not achieved, the bill dies

51

How President Affects Bill to Law Process

-veto: if congress is still in session, they can vote to override the president's decision. 2/3 majority is needed in both houses.
-pocket veto: this occurs if the president ignores the bill for ten working days, but congress is not in session.
-ignore: if the bill is ignored for ten working days while congress is in session it automatically becomes a law.
-signed: occurs when president signs bill. It becomes a law.

52

Habeas Corpus

-literally means "you shall have the body"
-gives you the right to be seen and heard in court by a judge

53

Ex Post Facto

-punishes people for crime that was not a crime when they committed it
-congress may not do this

54

Delegated Powers

powers given to national government in Washington D.C.

55

Concurrent Powers

powers shared between the national and state governments

56

Reserved Powers

powers that only states have

57

Bill of Attainder

a law passed by government which convicts a person of a crime and punishes them without trial

58

Vice President

-Joe Biden
-first in line presidency

59

Speaker of the House

-John Boehner
-2nd in line for presidency

60

President protempore

-Orrin Hatch
-3rd in line for presidency

62

Bribery

making someone do what you want them to do by giving them some thing they want as well.

62

President

Barack Obama

63

Treason

a crime that undermines that persons goverment

64

Execute

to carry out

65

Number of Illinois Electoral Votes

20

66

Electoral College

-how president and vp are chosen
-total representatives + two senators = # of electoral votes
-illinois: 18 + 2 = 20 electoral votes
-people vote for president and electors take the totals and vote based on who the people have selected
-if there is a tie, the house of representatives, with each state getting only one vote, elects the president
-nebraska and maine are the only states which divide up electoral votes

67

"Magic Number" of Votes Needed to Win an Election

270

68

Date New President Takes Oath

-Inauguration Day
-January 20

70

Qualifications of President

-must be at least 35 years old
-US citizen for 14 years
-born a US citizen

70

What is the largest branch of government?

the executive branch

71

Presidents who have been Impeached

-no president has been removed by impeachment
-Bill Clinton and Andrew Johnson have gone through the impeachment process
-Richard Nixon resigned before he could be impeached

72

Which president started the cabinets because he felt that he needed advisers?

George Washington

73

First Three Cabinet Departments

-department of state
-department of defense (previously department of war)
-department of treasury

74

Impeachment Process (steps)

1. House of Representatives- issue charges simple majority moves on to Senate
2. Senate- hold the trial,act as jury, if the president is being Impeached Court Chief Justice acts as the judge, 2/3 must find guilty to be Impeached and that person can not be in any other elected offices.

75

Number of Cabinet Departments

fifteen

76

Salary of President

$400,000

77

Which branch of government has the power to declare war?

Legislative Branch

78

Order of Succession

1) vice president - Joe Biden
2) speaker of the house - John Boehner
3) president pro tempore - Orrin Hatch
4) secretary of state - John Kerry
5)secretary of the treasury - Jacob Lew*
6) secretary of defense - Chuck Hagel*
7) attorney general - Eric Holder*

*I don't think we need to know these

80

Second Highest officer

vice president- Joe Biden

81

Four Divisions of the executive branch

1. cabinet departments
2. independent agencies
3. government corporations
4. regulator agencies

82

5 jobs of the president

1. commander in chief = when he is doing anything regarding the Military
2. Chief executive= anything to do with his cabinet and staff
3. Chief of state = authority to visit other countries and create foreign affars
4. Chief legislator= anything to do with new laws
5. Chief of party = head of his political party

83

What are the three major courts of the federal system?

-(US) Supreme Court: (mostly) appellate jurisdiction + original jurisdiction
-Appellate Court: appellate jurisdiction
-District Court: original jurisdiction *most cases start here

84

How many justices are on the supreme court

nine

85

Who appoints a justice

the president

86

Who approves a justice

the senate

87

Judicial Review

when the supreme court cheeks the laws made by the legislative branch to make sure that they are not unconstitutional

88

Chief Justice

John G. Roberts Jr.

89

Original Jurisdiction

a case that are being heard for the first time

90

Appellate Jurisdiction

a case that is being reheard

91

Unconstitutional

going against the Constitution

92

Writ of Cert (certiorari)

what a layer must write in order for his/hers case to be heard in Supreme Court

93

Treason

carrying on war against the US and helping its enemies

94

Conviction of Treason

1)two witnesses must testify to the same story
2)the accused must make an in-court confession

95

cases the supreme court hears

-questions on...
•the constitution
•federal laws
•treaties
•laws governing ships
-coming from people concerning...
•ambassadors/public ministers
•US government
•two or more state governments
•citizens from different states
•state/citizen VS foreign country/citizen

96

Marbury Vs Madison

established justice review

97

Judicial

having to do with the legal system or courts

98

Jurisdiction

the right to hear a case

99

Appeal

to hear a case a second time

100

Republic

a government elected by the people (not a monarchy)

101

what is the supreme law of the land?

the constitution

102

how do you amend and ratify the amendments to the constitution?

-get two thirds of each house of congress to agree (most common)
-through a constitutional convention held by two thirds of the state legislatures
-three fourths of state legislatures must ratify the amendment (most common)
-three fourths of the states must have individual constitutional conventions to ratify the amendment

103

who has the power to admit new states?

congress

104

article IV (four)

-each state must respect the laws and sessions of other states
-congress has the power to admit new states
-each state has a republican form of government

105

article VI (six)

-confirms authority of the constitution
-founding fathers establish the constitution as the supreme law of the land

106

article VII (seven)

-describes how the constitution must be ratified or approved
-nine out of the thirteen states had to sign the constitution in order for it to replace the articles of confederation in 1787

107

article V (five)

-provides a way for the constitution to be amended

108

amendment one

freedom of religion, press, speech, assembly, and petition

109

amendment two

the right to bear arms

110

amendment three

quartering of soldiers

111

amendment four

unreasonable searches and seizures

112

amendment five

-right to due process of law
-no double jeopardy

113

amendment six

-right to fair, fast, and public trial
-right to a lawyer

114

amedment seven

right to jury trial

115

amendment eight

-excessive bail
-no cruel and unusual punishment

116

amendment nine

rights not listed in the constitution

117

amendment ten

rights to the people and states

118

amendment thirteen

abolition of slavery

119

amendment fifteen

black suffrage

120

amendment nineteen

women's suffrage

121

amendment twenty-five

presidential succession

122

amendment twenty-six

eighteen year old vote

123

how many amendments are there?

27

124

search warrant

a document issued by a judge to the sheriff for the purpose of getting evidence concerning a crime

125

due process of law

government cannot take away someones life, liberty, or property without first going through the proper steps set fourth in our laws.

126

bail

money given in order to be released from jail

127

indictment

formal charge, or accusation, against a person

128

assemble

meeting together to organize

129

quartering

being forced to house and provide for a soldier

130

miranda rights

-the right to remain silent (avoid self-incrimination)
-amendments five and six