The Constitution Flashcards

0
Q

Objectives laid out in the Preamble of the Constitution

A
  1. Form a more perfect Union
  2. Est. Justice
  3. Ensure domestic tranquility
  4. Provide for common defense
  5. Promote general welfare
  6. Secure liberty
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1
Q

The Constitution has been called a(n) __________ and _________ document

A

Enduring and evolving

Because it has stood the test of time

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2
Q

Major factors creating longevity of the Constitution

A
  1. Separation of powers
  2. Checks and balances
  3. Built-in elastic clause as part of Congress’s power
  4. Reserved power clause giving states power not delegated to National government
  5. Guaranteed rights for citizens
  6. Precedents and traditions in unwritten Constitution
  7. Supreme Court’s judicial review
  8. Flexible amending process
  9. Inherent powers of the president
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3
Q

The organization of the Constitution…

A

Separates the formal institutions of government (3 articles)

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4
Q

Article II of the constitution regarding the executive branch does not specifically mention…

A

The president’ scanner of the federal bureaucracy

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5
Q

The authority of judicial review was given to the Supreme Court in…

A

The landmark case of Marbury v. Madison

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6
Q

Only people to be executed for treason

A

Ethel and Julius Rosenberg

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7
Q

Which house of Congress is more representative?

A

The House of Representatives

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8
Q

Baker v. Carr

A

Est. “One man, one vote” law

Created congressional district guidelines

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9
Q

How many Congress members does each state have

A

2 senators

At least 1 House Representative

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10
Q

Why is the House of Representatives more representative than the Senate?

A
Size (435)
Term in office (2yrs)
Qualifications (at least 25yrs, citizen for at least 7yrs, and inhabitant of state that he/she is representing) 
Initiate impeachment process 
Start all revenue bills
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11
Q

Qualifications and duties for senators

A

30yrs old
Citizen for at least 9 years
Resident of the state that the senator represents
Term: 6yrs
Try presidents for impeachment
Approves presidential appointments and treaties

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12
Q

Congressional powers from Constitution

A

Article I Section 8

  1. Collect taxes, pay debts, provide common defense and general welfare
  2. Borrow money
  3. Regulate interstate and foreign commerce
  4. Est. Laws for immigration, naturalization, and bankruptcies
  5. Coin money
  6. Make laws against counterfeiting
  7. Est. Post offices
  8. Make copyright laws
  9. Est. Federal courts in addition to Supreme Court
  10. Define and punish piracy
  11. DECLARE WAR
  12. Raise armies and navy
  13. Est. National Guard
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13
Q

Elastic clause

A

“Necessary and proper” clause given to Congress
Increases power of Congress with ability to interpret its lawmaking ability in a broad manner
Ex. Est. National Bank and Brady Bill

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14
Q

Powers denied to Congress

A
  1. Denial of the writ of habeas corpus (giving appeal protection to the accused)
  2. Passage of bill attained laws (which proscribe penalties without due process)
  3. Passage of ex post Facto laws
  4. Pass export taxes
  5. Grant titles of nobility to citizens
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15
Q

Who is central player in government

A

The president

16
Q

Qualifications for president

A
(Strictest of the three branches)
Natural-born citizen 
At least 35yrs 
Resident of US for past 14yrs 
 Can serve no more than two terms
17
Q

Specific powers of the president in Articles 2 and 3

A
  1. Commander in chief of armed forces
  2. Ability to obtain info from members of the executive branch
  3. Grant pardons
  4. Make treaties with Senate’s consent
  5. Appoint ambassadors, justices, etc. with Senate’s consent
  6. Sign or veto legislation
  7. Give Congress a State of the union report
  8. Call special sessions of Congress
  9. Inherent power of president
18
Q

The power of which branch has increased the most over time?

A

The executive branch

19
Q

The only stated responsibility of the Vice President

A

Preside over the Senate and be the deciding vote if there is a tie
25th Amendment makes him next in line for presidency if president dies or cannot fulfill duties

20
Q

If no presidential candidate receives a majority of the electoral votes, the election is determined by….

A

The House of Representatives

21
Q

Unlike the legislative and executive branches, the judicial branch has not…

A

Specific qualifications for office

Direct responsibility or accountability to voters

22
Q

Term for Supreme Court justices

A

Life after appointment

23
Q

The appointment process for Supreme Court justices has become more and more difficult as a result of…

A

Questioning by the Senate Judiciary Committee

24
Q

How the president can get around Senate opposition to an appointment.

A

Through a recess appointment: a temporary appointment of the president’ s choice during a congressional recess
Appointment can only serve 1 year

25
Q

Features of government and political system that have an impact on the size and function of the presidency:

A
  1. Role of political parties
  2. Growth of federal bureaucracy
  3. Development and expansion of the info superhighway and role of media, which outs pressure on elected officials
  4. Emergence of US as the last superpower from the Cold War, leading to a tremendous responsibility
26
Q

“Full faith and credit”

A

Is sided to describe the mutual respect and legality of laws, public records, and judicial decisions made by states
Ex. Rules for marriage in Nevada must be respected by NY

27
Q

Peeve se of Marriage Act

A

Signed by Clinton
Gives states right to not recognize gay marriages performed in other states
Denied gays who were married all the federal benefits given to other married couples but this clause was revoked by the Supreme Court in the Windsor v. US case

28
Q

14th Amendment

A

Gave African Americans citizenship
States cannot abridge privileges and immunities of its citizens
Recognizes extradition of fugitives by states

29
Q

Constitution gives each state a ________ government

A

Republican

30
Q

Supremacy clause

A

Article VI
Constitution and US laws “shall be the supreme law of the land”
States cannot pass laws that conflict with federal actions
Ex. McCullough v. Maryland (Maryland could not tax National Bank)

31
Q

Federalism

A

Overall relationship between the federal government and state governments
Defined in 10th Amendment which gives states reserved powers not specifically given to the national government

32
Q

Classification of amendments

A
  1. Creating additional power for the federal government (ex. 16th: power to take income tax)
  2. Limiting power to state government (ex. 14th)
  3. Adding right of popular sovereignty to various groups
  4. Taking away and adding power of the voter to elect public officials
  5. Changing the structure of government
33
Q

Two methods to amend the Constitution

A
  1. (Most common) 2/3 vote in House of Representatives and Senate with 3/4 ratification of states
  2. (Only used once for prohibition) Congress calls national constitutional convention after request made by 2/3 legislatures. Then amendment can be ratified with 3/4 state legislatures or 3/4 of ratifying conventions in the states
34
Q

Texas v. Johnson

A

Flag burning is legal form of political process (1st Amendment)

35
Q

Roe v. Wade

A

Constitutionally protected the right for a woman to have an abortion