US Constitution Exemption Test (UGA)

Common Sense

Thomas Paine; pamphlet forcefully arguing for independence from Great Britain

Social Contract

suggests that gov'ts are only legit if they are created by a voluntary compact among the people

12; NY

____/13 states approved the Declaration of Independence→ _____ abstained

Articles of Confederation

The first constitution; specified the basic organization, powers and limits of the government. Passed by the Second Continental Congress in 1777.

central government authority, interstate commerce, currency

Articles of Confederation lacked ______ ____ ________, _______ _________, and ___________.

Constitutional Convention

55 delegates attended to draft the constitution in Philly; framers were not common folk → they were wealthy men.

Virginia Plan

Proposed by the larger states; wanted gov't based on population in states.

Proposed creation of a gov't with three branches—the legislative, executive, and judicial, a 2 house legislature, and a legislature with the power to select the executive and the judiciary.

New Jersey Plan

Proposed by the smaller states; wanted equal representation of states.

Wanted to strengthen the Articles and not replace them, create a one-house legislature with one vote for each state, and give Congress the power to raise revenue from duties on imports and from postal service fees. Create a Supreme Court

GREAT COMPROMISE (Connecticut Compromise)

SETTLED DISPUTES OVER THE VIRGINIA AND NEW JERSEY PLANS; called for a lower legislative house based on population size (House of Reps) and an upper house based on equal representation of the states (Senate)

Separation of Powers

divides the power of government among the legislative, executive, and judicial branches, each staffed separately, with equality and independence of each branch ensured by the Constitution

Checks & Balances

constitutionally mandated structure that gives each of the three branches of government some degree of oversight and control over the actions of the others

Federal System

system of government in which the national government and state governments share power and derive all authority from the people

James Madison was a huge proponent of this

Legislative

Article I is about....

congress; house; senate

All legislative powers are given to _________, which is made up of the _________ and the __________.

2

Members of the House of Representatives are elected every ____ years

435

How many members are in the House of Representatives?

1:30,000

Number of Representativeness (in the House) cannot exceed __ for every _________.

Writs of Election

Fill vacancies in the House of Representatives

25

Members of the House must be at least ____ years old

7

Members of the House must be ___ years a citizen

Tax & Tariff

What legislation starts in the House?

6

How many years is the term for a member of the Senate?

2

How many Senators in each state?

17th

Which amendment gave power to the people?

Originally, vacancies filled by legislature → but this amendment allows people in special election

Continuing Body

⅓ of senate are up for election each 2 year period

1/3; 2

How much of the senate are up for election each ___ year period?

30

Senators must be ____ years old

9

Senators must be ____ years a citizen

Vice President

President of the Senate is....

President Pro Tempore

When president of the Senate is gone, senators are designated to take over...called the:

Filibuster

This right allows one or more members to debate over a proposed piece of legislation so as to delay/entirely prevent a decision being made on the proposal

⅔

How much of the senate must approve impeachment to remove from office?

LEGISLATIVE CHECKS ON EXECUTIVE

Impeach the president

Reject legislation/funding the president wants

Refuse to confirm nominees or approve treaties

⅔ vote from Congress can override presidential veto

LEGISLATIVE CHECKS ON JUDICIAL

Change the number/jurisdiction of federal courts

Impeach federal judges

Propose amendments to override judicial decisions

Executive

Article II is about...

4

Presidential term is how many years?

Electoral College

certain number of electoral votes based on senators and representatives of the state; candidates can win even if lose popular vote

35

President must be how old?

14

Although they MUST be a US citizen born in the US, how long does the President need to be living in the US?

$400,000; $50,000

How much is the President paid? __________ plus ________ expense account.

Powers of the President

Commander in chief of military

Boss of heads of all civilian depts of gov't

Pardon individuals of convicted crimes

Negotiate treaties with foreign gov'ts

Recess Appointments

temporary when congress isn't in session

EXECUTIVE CHECKS ON LEGISLATIVE

Veto legislation

Call Congress into special session

Implement (or fail to implement) laws passed by Congress

EXECUTIVE CHECKS ON JUDICIAL

Appoint federal judges

Refuse to implement decisions

for life

Federal judges serve....

JUDICIAL CHECKS ON LEGISLATIVE

Rule federal and state laws unconstitutional

JUDICIAL CHECKS ON EXECUTIVE

Declare executive branch actions unconstitutional

Chief justice presides over impeachment trials

Necessary & Proper Clause (Elastic Clause)

The final paragraph of Article I, section 8, of the Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution

state and government powers

Article IV is about...

Concurrent Powers

powers shared by the national and state governments

EX: power to tax

Privileges & Immunities Clause

Part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.

Extradition Clause

requires states to return criminals to states where they have been convicted or are to stand trial

Dillon's Rule

Rule in which local governments (towns/counties/etc.) do not have any inherent sovereignty and instead must be authorized by state governments, which can create or abolish them

Gibbons vs. Ogden

Case that deals most directly with the Commerce Clause, giving national gov. the power to regulate interstate commerce

Nullification

the right of a state to declare void a federal law

Dredd Scott vs. Sanford

Civil Liberties

freedoms found primarily in the Bill of Rights that are protected from government interference

1st Amendment

Right to Religion, Speech, Press, Assembly, Petition

2nd Amendment

Right to Bear Arms

3rd Amendment

Quartering Soldiers is not allowed without owner's consent

4th Amendment

People protected from unreasonable Search and Seizure

5th Amendment

right to due process and protections from self-incrimination (and protection against double jeopardy)

6th Amendment

rights of the Accused (Right to a quick and speedy trial; Right to an attorney; etc.)

7th Amendment

right to trial

8th Amendment

right to no cruel or unusual punishment

9th Amendment

opens up more rights that do not exist

10th Amendment

gives states the powers that are not delegated to the national government (RESERVED POWERS)

16th Amendment

authorized Congress to enact a national income tax

17th Amendment

called for direct election of senators by the people

Bill of Rights

Where do civil liberties derive their power?

civil rights; civil liberties

_____ ______ are protections from unequal treatment, whereas _____ _____deal with freedoms of the people guaranteed by the constitution and law

Incorporation Doctrine

an interpretation of the Constitution holding that the due process clause of the Fourteenth Amendment requires state and local governments to guarantee the rights stated in the Bill of Rights

Lemon Test

Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues; every law must pass this to avoid establishing religion

Federalists

proponents of the Constitution during the ratification fight; also the political party of Hamilton, Washington, and Adams

Dual Federalism

belief that having separate and equally powerful levels of government is the best arrangement, often referred to as layer-cake federalism

Cooperative Federalism

The intertwined relationship between the national, state, and local governments that began with the New Deal

libel and slander

two forms of unprotected speech

libel

False written statement that defames a person's character.

slander

Untrue spoken statements that defame the character of a person.

habeas corpus

legal doctrine that a person who is arrested must have a timely hearing before a judge

exclusionary rule

Judicially created rule that prohibits police from using illegally seized evidence at trial.

13th Amendment

banned slavery

14th Amendment

One of the three Civil War Amendments; guarantees equal protection and due process of the law to all U.S. citizens.

Civil Rights

the government-protected rights of individuals against unequal treatment

Jim Crow Laws

Laws enacted by southern states that required segregation in public schools, theaters, hotels, and other public accommodations.

Plessy vs. Ferguson

Supreme Court case that said "Seperate-but-Equal" was constitutional

Brown vs. Board of Education

US Case that overturned the Seperate-but-Equal doctrine; Made school discrimination unconstitutional

Civil Rights Act of 1964

Wide-ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission.

Affirmative Action

Policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group