APGov Summer Assignment (Full list)

14th amendment (1868)

• Protects birthright citizenship (if you were born here, you’re a citizen)

• equal protection under the law for everyone

• fair legal procedures

15th amendment (1870)

1. The right of citizens of the United States to vote shall not be denied by race or color.

2. The Congress shall have power to enforce this article by appropriate legislation.

16th amendment (1913)

The Congress has the power to collect income taxes

17th amendment (1913)

Established direct popular voting to elect Senators

18th amendment (1919)

1. Prohibition

• Replaced by the 21st amendment

• The sale, manufacturing, and transportation of intoxicating beverages is prohibited within the United States and its territories

2. The Congress and the individual states have power to enforce this article

3. This article is inoperative unless it has been ratified as an amendment on the Constitution within seven years from the date of submission

19th amendment (1920)

The right to vote should not be denied based on sex(gender) by the United States or any states.

20th amendment Section 1 (1933)

Terms of Office

• President and Vice President terms: ends and begins at noon on January 20th

• Senators and Representatives terms: ends and begins at noon on January 3rd

20th amendment Section 2 (1933)

Assembly of Congress

• Congress meets at least once a year on January 3rd unless by law they appoint a different day

20th amendment Section 3 (1933)

Vice President Elect

• If the president dies at the beginning of their term the vice president-elect will become president

• If a president is not elected before January 20 or if they fail to qualify, the vice president-elect acts as president until they qualify

• Congress can legislate who acts as president if neither the vice president-elect nor the president qualifies

20th amendment Section 4 (1933)

The House must choose the President in a contingent election (no candidate wins the majority of electoral votes) and if the chosen person fails to qualify, Congress has the power to legislate who acts as President (has not happened yet)

20th amendment Section 5 & 6 (1933)

5. Section 1 and 2 are in effect on October 15 after the ratification of this article

6. The article is inoperative unless it has been ratified as an amendment by three-fourths of the states within seven years of its submission

21st amendment (1933)

1. The 18th amendment in Constitution is repealed (removed)

2. Individual States are allowed to regulate the transportation and importation of intoxicating liquors within its borders

3. There is a seven year deadline to ratify the 21st amendment from Congress’s submission date

22nd amendment (1951)

1. Elections

• No person can be elected in office as President more than two terms

• No person can be elected more than once if they acted as President for someone else’s term for more than 2 years

• This article does not apply to the person holding office of President during the time this becomes operative

2. Three-fourths of the states must ratify it as an amendment within 7 years of the Congress’s submission date for it to be operative

23rd amendment (1961)

1. Representation

• It allows the district where the government of United States resides, to appoint an equal number of electors for President and Vice President as the total number of Senators and Representatives in Congress

• Treated as if the district were a state, but the number of people appointed can not be more than the least populated state

• Electors are considered an elector from a state only for the presidential election

• Congress decides how they are chosen to be appointed

2. Congress has the power to enforce this article

24th amendment (1964)

1. The citizens of the US have the right to vote no matter the person's capability to pay poll tax or other tax (only apples it federal elections)

2. Congress has the power to enforce this article

25th Amendment Overview (1967)

Situations when the vice president takes place/acts as president

25th amendment Section 1 (1967)

If the president is dead, removed, or resigned from office the vice president becomes president

25th amendment Section 2 (1967)

When there is a vacancy in office of vice president, the president can nominate a new vice president who can be confirmed into office through voting from the House of Congress

25th amendment Section 3 (1967)

The President can write to the Congress and declare that they can not complete the duties to be president and the vice president takes over temporarily until the president sends a letter to return

25th amendment Section 4 (1967)

The vice president and majority of the cabinet will declare that the president cannot complete their duties and the vice president will take over immediately. If the president disagrees two-thirds must vote for the vice president to be in charge or the power would return to the president

26th amendment (1971)

1. The citizens of the US who are 18 or older have the right to vote and can not be denied based on age.

2. The Congress has the power to enforce this article

27th amendment (1992)

No law on the compensation(pay) for the Senators and Representatives can be established until the election for the House of Representatives (Prevents pay changes from taking effect)

Explain full faith and credit (Article IV)

Full faith and credit requires every individual state, part of one big nation (the US), to respect the laws and institutions of the other states. Specifically the statutes, public records, and court decisions

Who is responsible for admitting new states into the union? (Article IV)

The Congress is responsible for admitting new states into the union, but a state may not be formed without the jurisdiction of two or more states. No new state can be established without the Consent of the Legislatures of the States as well as Congress

What are the 2 ways to propose a Constitutional Amendment? (Article V)

1. Two-thirds of each House in Congress must vote for it, then three-quarters of the state has to ratify the amendment for it to be on the Constitution 2. Two-thirds of the state legislature can hold a national convention to propose a Constitutional Amendment.

How is an Amendment ratified? (Article V)

The State Legislature who passes the law in a state can ratify an Amendment.

What constitutes the “Supreme Law of the Land” and who is bound by it? (Hint: not just the Constitution) (Article VI)

The Constitution, the laws, and all treaties of the United States constitute the “Supreme Law of the Land”. The judges in every state are bound by it.

What is the significance of the “oath” or “affirmation” to support the Constitution? What comment was made about religious affiliation? (Article VI)

The people in authority, specifically the Senators and Representatives, Members of the several State Legislatures, all executive and judicial officers, and the whole United States are under “oath” or “affirmation” to support the Constitution. There are no religious qualifications required to any office or public trust under the United States.

In what month, day and year was the Constitution ratified? (Article VII)

The Constitution was ratified June 21, 1788 by 9 states out of the 13, but was later ratified by all 13 states in 1790.

How many states needed to ratify the Constitution for it to go into effect? (Article VII)

For the Constitution to go into effect 9 states were needed to ratify it.

Amendment #1

Protects 5 basic freedoms:

1. Freedom of religion

   1. You’re free to practice whatever religion you want OR not practice any religion at all

   2. Government cannot set up an official state religion

2. Freedom of speech

   1. You can say and share your thoughts without government punishment

3. Freedom of the press

   1. Newspapers, writers, and TV can share facts or opinions without gov stopping them

4. Freedom of assembly 

   1. People can gather (assemble) in public spaces for peaceful protests or just hanging out

5. Freedom to petition

   1. You can ask the government to fix problems or change laws if you don’t like them

Amendment #2

The right to keep and bear arms (you can own and carry weapons)

Amendment #3

no quartering of soldiers (The government cannot force people to house soldiers in their private homes during times of peace)

Amendment #4

protects people from unfair and random searches and seizures by the government

• Cops must have probable cause (good reason) and a signed warrant from a judge before they can search your home and take your things

Amendment #5

Protects people from unfair treatment during legal trials:

• The right to a grand jury for big trials

  • A group of citizens decide if there’s enough evidence to hold a trial for a serious crime

• No double trials

  • If you are found innocent for a crime, you cannot be put back on trial for that exact same crime

• No self-incrimination

  • “I plead the fifth”

  • You don’t have to answer police questions or testify at your trial if you think it will make you look guilty

• Due process

  • The gov has to follow established rules and laws before they can take away your freedom or property

• Eminent domain

  • Gov can take private property for public use but they have to pay a fair price for it

amendment #6

Protects the rights of people accused of crimes:

• Speedy and public trial

• A fair and local jury

• The accused must know their charges

• The accused get a chance to face and confront witnesses who oppose them

• The accused can force helpful witnesses to testify in court

• The right to a lawyer

  • The state will provide a lawyer if the accused can’t afford one

amendment #7

Guarantees the right to a jury trial in federal civil court cases (noncriminal lawsuits over money or property) when the amount is over $20

• Also stops judge from throwing out the jury’s decision on the facts of the case

amendment #8

• No excessive bail or fines

• No cruel and unusual punishments

amendment #9

People keep other rights even if they’re not listed in the constitution

amendment #10

Any power not specifically given to the federal government in the constitution belongs to the states or to the people

amendment #11

Protects a state government from being sued in federal court by people who live in another state or a foreign country

amendment #12

Changed the way electoral college elects the president and vice president

• Electors vote on separate ballots for president and vice president

• Runner up president DOES NOT automatically become vice president

• Breaking the tie for president

  • House of representatives chooses from the top 3 candidates

• Breaking the tie for vice president

  • Senate chooses from top 2 candidates

amendment #13

Officially ended slavery and forced labor in the United States (with the exception of forced labor as a punishment for a convicted crime)

amendment #14

• Protects birthright citizenship (if you were born here, you’re a citizen)

• equal protection under the law for everyone

• fair legal procedures

Which methods does Madison suggest to check the powers of government?

The legislative, executive, and judicial branches should be made as separate powers, so no one branch becomes too powerful.

Which branch appears as an exception to the separation of powers norm? Why is this exception not dangerous?

The judicial branch , since they have a life term.

The greatest security against concentrating power is found in what?

Two of the branches can check the other. 

How is the separation of powers between the three branches assured?

The administrators of each branch are able to use constitutional means/personal motive to check other branches.

Which branch of government did Madison think would be the strongest?

Legislative

What are the two great advantages of federalism, according to Madison?

Smaller states are protected against larger states. Part of society is protected against injustice from the other.

What is the "end" (supreme goal) of government, according to Madison?

Justice

What is Madison's view of human nature and how does it affect a republic?

That humans are selfish and pursue their own interests rather than the common good

How often are representatives in the House elected?

Every 2 years

What are the 3 requirements to be a representative?

25+ y/o, 7+ years a U.S. citizen, be a resident of their state when elected

How are the number of representatives in each state decided?

First 50 are set per each state, then the rest are divided proportional to each states population.

The House alone has what power?

Impeachment

What is the term of the Senate?

6 years

How is the Senate chosen?

By legislature

How are vacancies in the House filled?

The Executive Authority issues ‘Writs of Election’

How are vacancies in the Senate filled?

Executive makes temporary appointments, then filled by legislature

What are the 3 requirements for being a Senator?

30+ y/o, 9+ years a U.S. citizen, be a habitant of their state when elected

Who is the president of the Senate?  What power do they have?

Vice President of the U.S. -has the power to make a vote, only when there is a tie.

What sole power does the Senate have during impeachment?  What vote is required to convict?

The sole power to try all impeachments. A vote of ⅔ majority

Who is responsible for running elections?

Legislature

When is the first meeting of Congress?

1st Monday of December

Where must bills raising revenue (taxes) originate?

House of Representatives

What fraction of both houses of Congress is required to pass a law after presidential veto?

2/3

What is a pocket veto?

The president can make a veto by not responding to congress’s bill within 10 days.

Define: Habeas corpus

The right for people detained by the government to question the legality of their imprisonment.

Define: Bill of attainder

A law that declares a person/group guilty of a crime, and punishes them without a court trial. 

Define: Ex Post Facto Law

A rule that punishes people for things they did before the rule existed.

What are factions, according to Madison?

A group of citizens with the same interests and a desire to dominate the government and impose their own interests on the whole society.

What are the causes of faction?

According to Madison, the causes of factions is sown into human nature and is built on differing opinions within people.

What is the most common and durable source of factions?

The unequal distribution of property and wealth.

 What are the 2 cures for the "mischiefs of faction," according to Madison?

One way is to remove their causes (destroying their liberty); another is to limit their effects (giving them the same opinion). 

Why are the remedies to the “mischiefs of fractions” worse than the disease?

These remedies are worse than the disease because destroying liberty is worse than destroying factions, and giving them the same opinion is impossible.

What is Madison's solution for controlling the effects of factions?

Through a Republician style of government.

What is a republic?

a form of government where power is held by the people but is exercised through representatives selected by the people. 

What is a pure democracy?

A pure democracy is where everyone can vote on everything, like laws and policies.

How does a republic and pure democracy differ from one another?

They mainly differ in the fact that a republic can implement checks and balances, which benefits the majority and minority. Whereas a pure democracy can outcast the minorities. 

How does a republic inhibit the effects of factions, according to Madison?

 It will cause more factions to form, which will dilute the power each faction has, or the factions will be forced to make a compromise.

How long is a presidential term?

4 years

What are the requirements for running for president?

Must be at least 35 years old, a natural-born citizen, lived in the USA for at least 14 years

Who are the first three in line of succession to the presidency?

Vice President, Speaker of the House, President pro tempore of the Senate

What is the president’s role regarding military power?

Shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States

What is the president’s role regarding treaties? Ambassadors? Supreme Court Justices?

Shall have power and with Advice and Consent of the Senate, to make Treaties. Shall appoint Ambassadors and Judges of the Supreme Court.

What types of messages are required by the president to give?

Give updates about the country to Congress

For what reasons might a president be impeached?

Conviction of Treason, Bribery, or other high Crimes and Misdemeanors.

What does “judicial power” mean?

Judicial Power shall be used in all cases, in Law and Equity, upholding the Constitution, the Laws of the United States, and Treaties made, or shall be made, under their authority.

What is the difference between original and appellate jurisdiction?

Original jurisdiction is a court in which a case is first heard while appellate jurisdiction is a court in which a case is heard on appeal from a lower court. 

What does section 2 say about jury trials?

Trials of all Crimes, except cases of impeachment, shall be by a Jury and be held in the State where the crimes have been committed.

What does this article say about treason?

Treason against the United States shall impose war against them, or adhering to their enemies. No one shall be convicted of Treason unless on the Testimony of two witnesses to the same act, or confession in court. Congress shall have power to declare punishment of Treason.

How does a republic inhibit the effects of factions, according to Madison?

A republic inhibits the effects of factions by providing various representations and opinions