US Government: Key Concepts in Constitution, Federalism, and Branches

Define "separation of powers."

The distribution of governmental powers—Legislative, Executive, and Judicial—among several political institutions; in the US, at the national level, these powers are manifested in the Congress (House and Senate), the Presidency, and the Court System respectively.

What is the concept of "checks and balances"?

A constitutional mechanism giving each branch of govt. some oversight and control of the other branches (e.g., the lawmaking process, Senate approval of executive nominations, or Judicial review of legislative acts).

Define "bureaucracy."

The body of non-elected officials who work in government.

Define "federalism" and distinguish between vertical and horizontal federalisms.

A system of govt. in which power is shared/divided between the central/national/federal govt. and the state and local govts.; vertical federalism refers to the relationship between states and central government; horizontal federalism refers to the relationship among the states.

What is sovereignty?

Ultimate, final, or supreme power/authority in a govt.

When was the Constitution written and ratified?

1787-1788.

Where is "sovereignty" theoretically located and where in the Constitution did you find that answer?

In the people; in the Preamble.

How is "the people" ambiguous?

It can mean all the American people collectively or the people of the individual states. What about men w/o property; women; free blacks; and Native Americans? See 1.2.3. Yes to propertyless, women, free blacks, Indians paying taxes (participating in the economy), but excluding most Native Americans and blacks (3/5 clause)

The "nature of the Union" was ambiguous when the Constitution was written and may be understood in two basic ways—what are they?

As an indivisible perpetual Union of all the American people OR as a divisible compact of sovereign states.

Why does the Preamble say

"We the people of the United States" rather than "We the people of ... [all thirteen states listed]?",Because nobody could know which states would ratify the Constitution.

What are the six "aspirational" goals of the preamble?

To form a more perfect Union; establish justice; insure domestic tranquility; provide for the common defense; promote the general welfare; secure the blessings of liberty.

What are the three branches of government and which article in the Constitution pertains to each branch?

Legislative Article I; Executive Article II; Judicial Article III.

1.1 grants what to Congress?

All legislative powers.

What are 1.1. 2.1.1, and 3.1 called, respectively?

The Vesting (or Vested Powers) Clauses of the Legislative, Executive, and Judicial branches.

What does "vested" mean?

To put in possession of or place authority in.

What is a "bicameral" legislature (by definition) and what specifically does that look like/consist of in the United States?

A two-house legislature consisting of the House of Representatives and the Senate.

How did the bicameral legislature emerge as a compromise at the Constitutional Convention?

Through the Great (Connecticut) Compromise combining population-based representation in the House and equal state representation in the Senate.

Article 1

Section 2 pertains specifically to ____________________.,The House of Representatives.

What are the requirements to serve as a representative? Where in the Constitution did you find the answer?

25 years old; 7 years a citizen; inhabitant of the state; Article 1 Section 2 Clause 2.

What are the requirements for the Senate the President, and Federal judges and where are these found in the Constitution respectively?,

Senate: 30 years old; 9 years a citizen; inhabitant of the state (1.3.3); President: natural-born citizen; 35; 14 years resident (2.1.5); Federal judges: none—serve during good behavior (3.1).

How many years does a representative serve per term?

Two years.

Is there a stated limit on the number of terms a representative may serve?

No.

How are the representatives selected for office (what does the Constitution say?)

Chosen directly by the people of the several states.

How is voter eligibility to vote for representatives determined according to the Constitution?

By the states—eligibility for the most numerous branch of the state legislature.

Briefly summarize the substance of the 15th

19th, 24th, and 26th amendments.,15th race; 19th sex; 24th poll tax; 26th age 18.

Who is eligible to vote in federal elections in the state of Florida?

Any U.S. citizen 18 or older who is not disqualified by an incomplete felony sentence or certain serious felonies.

What does "apportion" mean?

To assign or allot.

What does the noun "enumeration" mean and to what is it referring?

A counting of the population; the census.

What is the census? How often is the census taken? Why is a census taken (two reasons)?

An official population count taken every 10 years for House representation and taxation.

How is a state's population determined according to 1.2.3?,

By counting free persons, those bound to service, excluding Indians not taxed, and three-fifths of all other persons.

Who is being described as "those bound to service for a term of years?"

Indentured servants.

Explain the "three-fifths" clause (see 1.2.3)

Enslaved persons were counted as three-fifths of a person for representation and direct taxation.

Which Constitutional amendment overturned the "three-fifths" clause?

The 14th Amendment Section 2.

Where in the Constitution are there implicit references to slavery (three places excluding amendments)?,

1.2.3; 1.9.1; 4.2.3.

What was the earliest date that the slave trade could be abolished (what does the Constitution say)?

1808.

What three post-Civil War Constitutional Amendments address slavery-related issues?

13th abolished slavery; 14th granted citizenship and equal protection; 15th protected voting rights.

How does the sixteenth amendment relate to Article 1 Section 2, Clause 3 of the Constitution?

It permits direct income taxation without apportionment.

How many representatives (total) were "apportioned" (allotted distributed) by the Constitution originally?

65.

Congress has limited by law the total number of representatives to what number currently?

435.

What is the approximate current ratio of representative to American citizen?

About 1 representative per 750,000 people.

How many representatives does Florida currently have?

28.

Who is your representative?

Depends on your residential address.

Define "gerrymandering."

The practice of drawing legislative district lines to advantage or disadvantage a party or group.

What is the minimal number of representatives a state may have and where did you find the answer?

One; Article 1 Section 2 Clause 3.

What is the procedure for a vacancy in the House? Where did you find the answer?

Governor issues a writ of election ordering a special election; Article 1 Section 2 Clause 4.

Who is the "leader" of the House of Representatives? By positional title and by name (currently)?

The Speaker of the House; Mike Johnson.

What are the three primary roles of the Speaker of the House?

Presiding officer and administrative head of the House; leader of the majority party; representative as an elected member of the House.

Following the Vice President who are the next two in line to succeed the president (this is the "Line of Succession"—see 2.1.6, which authorizes Congress to establish that line)? Who is in line after those two?,

Speaker of the House; President Pro Tempore of the Senate; followed by Cabinet members in order of creation.

List the four Constitutional references related to the entire Impeachment process.

1.2.5 (House impeaches); 1.3.6-7 (Senate trial and punishment); 2.4 (grounds); 3.3.1 (treason defined).

By definition what is impeachment?

The bringing of charges.

Strictly speaking where (i.e., in which chamber of Congress) does impeachment occur?

The House of Representatives.

What are the possible Constitutional grounds for being impeached and where in the Constitution did you find the answer?

Treason, bribery, or other high crimes and misdemeanors; Article 2 Section 4.

What is treason according to the Constitution, and where is that definition found in the Constitution?

Levying war against the United States or adhering to their enemies, giving them aid and comfort; Article 3 Section 3 Clause 1.

Which three presidents have been impeached?

Andrew Johnson; Bill Clinton; Donald Trump (twice).

Article 1 Section 3 pertains to the ____________________.,

The Senate.

How many senators are there per state and thus, how many total senators are there currently?

Two per state; 100 total.

Who are Florida's Senators currently?

Ashley Moody and Rick Scott.

How were Senators selected/chosen when the Constitution was ratified?

By state legislatures.

In what way did the 17th Amendment change how Senators were selected/chosen?

Senators are directly elected by the people.

Explain the Senate "class" system and how often elections for Senators are held. And where in the Constitution did you find the answer?

,Senators are divided into three staggered classes with elections every two years for one-third of the Senate; Article 1 Section 3 Clause 2.

How many years is a full senatorial term?

Six years.

After the 17th amendment how are vacancies filled in the Senate?

The governor orders a special election and may appoint a temporary replacement.

What are the requirements to serve in the Senate?

30 years old; 9 years a citizen; inhabitant of the state.

Which government official serves as the president of the Senate and what is his or her primary function?

The Vice President; to break tie votes.

Who is currently the president of the Senate (by name)?

J. D. Vance.

Who is the President pro tempore of the Senate—by custom/tradition and currently (by name)?

Traditionally the senior member of the majority party; currently Charles Grassley.

What is the Senate's role in the overall impeachment process?

To hold the impeachment trial.

When the president is tried who presides over impeachment proceedings in the Senate? Where in the Constitution did you find the answer?

The Chief Justice of the Supreme Court; Article 1 Section 3 Clause 6.

Regarding the impeachment process what portion of Senate members present must concur in order to convict? Where in the Constitution did you find the answer?

Two-thirds; Article 1 Section 3 Clause 6.

Punishment meted out by the Senate for impeachment can extend no further than what? Does that mean that the individual cannot be held accountable by civil law?

Removal from office; no, civil or criminal liability may still apply.

According to federal law when are Congressional elections held?,

Tuesday after the first Monday in November.

How often must Congress convene (assemble)? Where did you find the answer?

At least once per year; Article 1 Section 4 Clause 2.

The annual series of meetings of a Congress is called a ____________.

A congressional session.

How did the 20th amendment sections 1 and 2, change 1.4.2?,

It moved the start of congressional terms and sessions to January 3.

Can either House prevent a duly-qualified and elected person from taking his or her own seat which 1.5.1 seems to permit?

No; the Supreme Court ruled this in Powell v. McCormack (1969).

What is a "Quorum" (by definition)?

A number sufficient to do business.

What constitutes a Quorum in Congress? Where did you find the answer?

A majority of each house; Article 1 Section 5 Clause 1.

What branch of government determines Congressional rules proceedings, and decides on penalties and possible expulsion for "disorderly behaviour"?,

The legislative branch; each house determines its own rules.

Where in the Constitution is the Congress authorized to establish committees?

Article 1 Section 5 Clause 2.

What are the three forms of punishment that House may mete out for "disorderly behavior"?

Reprimand; censure; expulsion.

What are the two forms of punishment that the Senate may mete out for "disorderly behavior"?

Censure; expulsion.

What percentage of the House is ordinarily (excepting the filibuster—see below) needed to pass a bill and where in the Constitution did you find the answer?

A simple majority; Article 1 Section 5 Clause 2.

What is a filibuster?

A Senate practice allowing extended debate to delay or block a vote.

What is cloture and how many votes are required?

A procedure to end debate requiring 60 votes.

What is the reason behind 1.5.4?

To prevent either house from obstructing the other's legislative work.

Which branch of government determines legislators' compensation?

The legislative branch.

How much does a member of Congress make annually?

$174,000.

What is the "Origination Clause" and where in the Constitution did you find the answer?

Revenue (tax) bills must originate in the House of Representatives; Article 1 Section 7 Clause 1.

What is a veto and where in the Constitution is the veto power found?

The president's rejection of a bill; Article 1 Section 7 Clause 2.

What options does the president have once Congress has passed a bill?

Sign it into law; veto it; do nothing and allow it to become law after 10 days if Congress is in session; pocket veto if Congress adjourns.

What is required to override a presidential veto?

A two-thirds vote in both the House and the Senate.

What is a "pocket veto"?

When the president takes no action on a bill and Congress adjourns, causing the bill to die.

What are "enumerated powers" and where are they found?

Powers specifically listed for Congress; Article 1 Section 8.

What is the "necessary and proper clause" and what does it allow Congress to do?

It allows Congress to pass laws needed to carry out its enumerated powers; Article 1 Section 8 Clause 18.

Why is the "necessary and proper clause" sometimes called the "elastic clause"?

Because it allows Congress flexibility to stretch its powers to meet new needs.

What is the "commerce clause" and where is it found?

The power of Congress to regulate interstate and foreign commerce; Article 1 Section 8 Clause 3.

Why is the commerce clause considered one of the most powerful congressional powers?

Because it allows Congress to regulate economic activity across state lines.

What is taxation and where is the power to tax found?

The power to raise revenue through taxes; Article 1 Section 8 Clause 1.

What is the purpose of the "general welfare clause"?

To allow Congress to tax and spend for the general welfare of the United States.

What limitation did Article 1 Section 9 place on taxation originally?

Direct taxes had to be apportioned among the states by population.