United States Constitution Study Guide

Practice flashcards based on the United States Constitution Study Guide.

What is the supreme law of the land?

The United States Constitution.

How is a vacancy in the U.S. House of Representatives filled?

A special election is held in the state.

By what means has the U.S. Constitution been changed since its adoption?

By amendment, court decisions, and presidential practices.

What are two ways in which amendments to the U.S. Constitution may be proposed?

By a two-thirds vote of each house of Congress or by a convention called by two-thirds of the State Legislatures.

Why are the first ten amendments to the Constitution collectively known as the 'Bill of Rights'?

They guarantee certain personal rights recognized by the federal government.

What basic freedoms are protected in the First Amendment?

Freedom of religion, speech, press, peaceable assembly, and the right to petition the Government.

What is the purpose of the Thirteenth Amendment?

To abolish slavery.

What is the purpose of the Fourteenth Amendment?

To give citizenship to all persons born in the United States.

What is the purpose of the Fifteenth Amendment?

To protect the voting rights of citizens regardless of race, color, or previous condition of servitude.

What three restrictions on voting are forbidden in the Constitution?

Voting rights cannot be restricted based on race, color, or sex.

What is meant by naturalization?

The process by which a citizen of another nation becomes a citizen of the United States.

What form of government is guaranteed to each state?

A Republic form of government.

How are new states admitted?

Congress has the authority to admit new states.

Where do powers reside that are not delegated or prohibited by the Constitution?

These powers are reserved to the States or to the people.

What are five powers forbidden to the states?

Coing money, making treaties with foreign nations, declaring war, granting titles of nobility, passing ex-post facto laws.

What is an ex-post facto law?

A law that attempts to penalize or declare illegal acts after they have already occurred.

What are the functions of the legislative, executive, and judicial branches?

Legislative creates the laws; Executive enforces the laws; Judicial interprets the laws.

Which two bodies make up the Congress of the United States?

The U.S. House of Representatives and the U.S. Senate.

When does Congress regularly meet?

On the third day of January each year.

How are special sessions of Congress called?

By order of the President.

What are the qualifications to be a member of the House of Representatives?

At least twenty-five years of age, a U.S. citizen for seven years, and a resident of the state.

What are the qualifications to be a member of the U.S. Senate?

At least thirty years of age, a U.S. citizen for nine years, and a resident of the state.

Who prescribes the times, places, and manner of holding elections for senators and representatives?

The legislature of each state.

Who is the judge of the election returns and qualifications of members of Congress?

Each house of Congress oversees its own election returns and qualifications.

How many senators are provided by the Constitution?

Two senators from each state.

What are the terms of office for the House of Representatives and the Senate?

Two years for the House, six years for the Senate.

Who presides over the House of Representatives and the Senate?

The Speaker of the House presides over the House; the Vice-President presides over the Senate.

What are the powers vested in the Speaker of the House?

Assigning bills, controlling debate.

What major powers are assigned to Congress?

Taxation, borrowing money, regulating commerce, coining money, establishing post offices, declaring war.

What limitations are placed on Congress?

Cannot suspend writ of habeas corpus, pass ex-post facto laws, or grant titles of nobility.

What is the 'implied powers clause'?

Art. 1-Sec. 8, Par. 18 allows Congress to make laws necessary and proper for executing powers.

What is the Presidential Cabinet?

Principal officers of executive departments appointed by the President.

What are the President's legislative powers?

The ability to veto legislation and convene Congress.

What does overrunning the President's veto mean?

Passing a vetoed bill by a two-thirds vote of both houses.

What powers are unique to the Senate?

Conduct impeachment trials, ratify treaties, and approve presidential nominations.

What is impeachment?

The process for removing a government official from office.

Who presides over a presidential impeachment trial?

The Chief Justice of the Supreme Court.

What is the right of eminent domain?

The power to take private property for public use with compensation.

What does the judicial branch consist of?

The Supreme Court and inferior courts established by Congress.

What is the term of office for a federal judge?

Federal judges are appointed for life unless removed for cause.

How can a Supreme Court justice be removed?

Through the impeachment process.

What types of cases have federal courts jurisdiction over?

Cases under the Constitution, laws, treaties, affecting ambassadors, between states, and between citizens of different states.

What happens if no candidate receives a majority in the Electoral College?

The House of Representatives selects the President by majority vote.

What is original jurisdiction?

Cases that come initially to the court for trial.

What is appellate jurisdiction?

Cases that come from lower courts through appeal.

What is a law being declared unconstitutional?

A law that contravenes the Constitution and has no effect.

What constitutes treason?

Acts of war against the U.S. or aiding enemies.

What freedoms are guaranteed by the Fifth Amendment?

Indictments for major offenses, protection against double jeopardy, and due process.

In what cases is the right to trial by jury assured?

In all criminal prosecutions.