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Articles of Confederation
The first constitution of the United States, created in 1781. It established a weak central government with limited powers, no executive branch, and a unicameral legislature. It granted states more power, but lacked the ability to tax or regulate trade. Ultimately replaced by the Constitution in 1789.
Virginia Plan
Called for a bicameral legislature
Representation based on population
Strong central government with power to tax and regulate commerce
Favored by larger states
New Jersey Plan
Plan proposed by smaller states at the Constitutional Convention. Advocated for equal representation for all states in Congress, regardless of size or population.
Connecticut Compromise
Proposed during the Constitutional Convention, it resolved the conflict between large and small states by creating a bicameral legislature. It established the House of Representatives, with representation based on population, and the Senate, with equal representation for all states.
Supremacy Clause
The constitutional provision that declares federal laws and treaties as the supreme law of the land, overriding conflicting state laws.
3/5th Compromise
Agreement during the Constitutional Convention in 1787 that counted three-fifths of the enslaved population for taxation and representation purposes.
Establishment Clause
Prohibits government from establishing an official religion or favoring one religion over others. Protects freedom of religion and ensures religious neutrality in public institutions.
Free Exercise Clause
Protection of individual's right to practice their religion freely, without government interference or discrimination.
Full Faith and Credit
The legal principle that requires states to recognize and enforce the public acts, records, and judicial proceedings of other states.
Bill of Rights
First 10 amendments to the US Constitution. Protects individual rights and freedoms. Guarantees freedom of speech, religion, press, and assembly. Ensures the right to bear arms, a fair trial, and protection from cruel and unusual punishment. Prohibits unreasonable searches and seizures, and protects the right to privacy.
Ratification of the Constitution
Process where the Constitution was approved by the states. 9/13 states had to vote to ratify it.
Presidential Elections
Process to elect the President of the United States. Voters choose electors who then cast their votes for President. The candidate who receives a majority of electoral votes (270 out of 538) wins the election. Presidential elections occur every four years on the first Tuesday after the first Monday in November.
Election Day
An important day when citizens cast their votes to elect political leaders and make decisions on various issues. It usually takes place on a specific date and is a crucial part of democratic processes in many countries.
Electoral Votes
The number of votes each state receives in the Electoral College, based on their representation in Congress. It determines the outcome of the presidential election.
Electoral College
System used in the United States to elect the President. Each state is allocated a number of electors based on its representation in Congress. Electors cast votes for the President based on the popular vote in their state. The candidate who receives a majority of electoral votes becomes the President.
Gerrymandering
Manipulating district boundaries to gain political advantage by concentrating or diluting voters of a particular group.
Reapportionment
The process of redistributing seats in a legislative body based on changes in population.
Veto/Override Veto
A constitutional power held by the executive branch to reject a bill passed by the legislative branch. Override Veto is the legislative branch's power to overturn the executive branch's veto by a two-thirds majority vote.
Pocket veto
A power of the U.S. president to indirectly veto a bill by not signing it within the last 10 days of a legislative session. The bill does not become law and Congress cannot override it. This veto is effective when Congress is not in session and prevents the bill from becoming law without the president's formal rejection.
Conference Committee
It is a temporary, ad hoc panel composed of House and Senate conferees formed for the purpose of reconciling differences in legislation that has passed both chambers.
Quorum
the minimum number of members of a group or committee required to be in attendance in order for that group to be able to take official action.
Filibuster
action designed to prolong debate and delay or prevent a vote on a bill, resolution, amendment, or other debatable question
Cloture
A procedure for terminating debate, especially filibusters, in the Senate
Elastic Clause
allowing Congress to make laws not specifically mentioned in the Constitution
House of Representatives
The lower chamber of the United States Congress, responsible for representing the people and passing federal laws.
Qualifications for Presidency
Age Requirement: Must be at least 35 years old.
Citizenship: Must be a natural-born citizen of the United States.
Residency: Must have been a resident of the U.S. for at least 14 years.
Presidential Term
Length: A presidential term is four years.
Renewal: A President can be re-elected for a second term, serving a maximum of two consecutive terms.
Limitation: The 22nd Amendment to the Constitution, ratified in 1951, restricts a person from being elected to the presidency more than twice.
Senate
Members: they represent each state, with two senators per state, regardless of population.
Election: They are elected for six-year terms.
Rotation: their elections are staggered, with about one-third of the Senate up for election every two years.
Powers: Shares legislative power with the House of Representatives, including proposing and passing federal laws.
Advice and Consent: They provide advice and must consent to certain presidential appointments and treaties.
Impeachment Trial: They conduct impeachment trials, with a two-thirds majority vote required for conviction and removal from office.
Amnesty
A governmental pardon granted to a group of individuals for a specific offense, often for political reasons or to promote reconciliation.
Pardon
An official forgiveness or release from punishment for a crime, granted by the government or a head of state. usually for an individual.
Impeachment
Two-Step Process: House brings charges, Senate conducts the trial.
Charges: Include "high crimes and misdemeanors."
Votes: House requires a simple majority to impeach; Senate needs a two-thirds majority to convict.
Officials: President, Vice President, and other civil officers can be impeached.
Consequences: Removal from office is the primary outcome.
Political Process: Impeachment is political, not criminal.
Executive Order
A directive issued by the President of the United States that manages operations of the federal government and has the force of law.
Executive Agreement
A pact between the President of the United States and a foreign government, bypassing the Senate's advice and consent process.
Treaty
The Constitution grants the President the power to negotiate treaties with the Senate's advice and consent. Requires approval by the Senate with a 2/3 majority
Checks and Balances
A system within the U.S. government where each branch has the power to limit or check the actions of the other branches, ensuring no one branch becomes too powerful.
Writ of Certiorari
A formal request for a higher court to review a lower court's decision, typically issued by an appellate court.
Flag Code
A set of guidelines and rules established by the United States federal government for the proper use and display of the American flag.
Judicial Jurisdiction
The authority of a court to hear and decide a case, either by geographical area or the type of legal matter involved.
Appellate Jurisdiction
The authority of a court to review and reconsider decisions made by lower courts, either to affirm, modify, or reverse the lower court's judgment.
Treason
The crime of betraying one's country, often through acts of espionage, assisting an enemy during wartime, or attempting to overthrow the government.
Which amendments make up the Bill of Rights?
The first ten amendments to the United States Constitution
What is the main purpose of the Bill of Rights?
Safeguard individual liberties.
Protect citizens from potential government abuses of power.
How many total amendments are there?
27 amendments
How must amendments be ratified
Congressional Approval (2/3 majority in both houses).
1st Amendment
Freedom of religion.
Freedom of speech.
Freedom of the press.
Right to peaceably assemble.
Right to petition the government.
2nd Amendment
Protects the right to keep and bear arms.
Affirms the individual's right to own firearms.
3rd Amendment
Prohibits the forced quartering of soldiers in private homes during peacetime without the owner's consent.
4th Amendment
Guards against unreasonable searches and seizures, requiring warrants based on probable cause for searches and arrests.
5th Amendment
Protects various legal rights, including the right to a grand jury, protection against double jeopardy, the right to remain silent, and protection against self-incrimination.
6th Amendment
Guarantees the right to a fair and speedy trial, the right to counsel, and the right to confront witnesses in criminal prosecutions.
7th Amendment
Ensures the right to a trial by jury in civil cases, preserving the role of juries in deciding factual disputes in certain legal matters.
8th Amendment
Prohibits cruel and unusual punishment, as well as excessive bail or fines, emphasizing the prevention of harsh or disproportionate penalties.
9th Amendment
Affirms that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people, emphasizing the existence of rights beyond those explicitly listed.
10th Amendment
Reserves powers not delegated to the federal government to the states or the people, emphasizing the principle of federalism and limiting federal authority.
11th Amendment
Limits the jurisdiction of federal courts, preventing citizens of one state from suing another state in federal court without the state's consent.
12th Amendment
Modifies the process of electing the President and Vice President, establishing separate ballots for each office to avoid ties, and ensuring clearer representation of the people's choices.
13th Amendment
Abolishes slavery and involuntary servitude, marking a crucial step in the United States' commitment to ending institutionalized slavery.
14th Amendment
Grants equal protection under the law to all citizens, ensures due process, and defines citizenship rights, fostering civil rights and addressing post-Civil War issues.
15th Amendment
Prohibits the denial of voting rights based on race, color, or previous servitude, extending the right to vote to all male citizens regardless of race or ethnicity.
16th Amendment
Grants Congress the power to levy income taxes, providing a constitutional basis for the federal government to impose and collect income taxes.
17th Amendment
Establishes the direct election of U.S. Senators by the people of each state, shifting the selection from state legislatures to popular vote.
18th Amendment
Prohibited the manufacture, sale, and transportation of intoxicating liquors, initiating the era of Prohibition in the United States.
19th Amendment
Grants women the right to vote, ensuring that the right to vote shall not be denied or abridged on account of sex.
20th Amendment
Sets the terms of the President and Congress, shortening the time between Election Day and the inauguration, and addressing the "lame-duck" period for outgoing officials.
21st Amendment
Repeals the 18th Amendment, ending Prohibition and restoring the legal sale and distribution of alcoholic beverages in the United States.
22nd Amendment
Limits the President to two terms in office, aiming to prevent prolonged executive power and ensure regular transitions in leadership.
23rd Amendment
Grants residents of the District of Columbia the right to vote in presidential elections, providing citizens in the capital with representation in the electoral process.
24th Amendment
Prohibits the imposition of poll taxes as a condition for voting, eliminating a barrier to voting and promoting equal access to the electoral process.
25th Amendment
Addresses presidential succession, vice presidential vacancy, and presidential incapacity, providing a clear process for the transfer of power in cases of presidential disability or inability to fulfill duties.
26th Amendment
Lowers the voting age to 18, ensuring that citizens 18 years and older cannot be denied the right to vote on account of age.
27th Amendment
Delays any Congressional pay raises until after the next election, reflecting the principle that representatives should not personally benefit from immediate changes in compensation.
Describe the relationship between federal law and state law.
Federal law, governed by the Supremacy Clause, takes precedence over conflicting state laws, establishing a hierarchical legal framework.
What is the number of total electoral votes?
The total number of electoral votes is 538.
How does a bill become a law? What needs to happen for a bill to approved?
For a bill to become a law, it must be introduced in either the House or the Senate, pass both chambers by a majority vote, and then be signed by the President; alternatively, if the President vetoes it, Congress can override the veto with a two-thirds majority vote in each chamber.
What are the qualifications for Presidency? Which qualification is unique to the President?
The qualifications for the presidency include being a natural-born citizen of the United States, at least 35 years old, and having been a resident within the country for 14 years. The unique qualification is being a natural-born citizen.
What is the process of Presidential succession?
it is the Vice President taking over if the President is unable to fulfill their duties, followed by the Speaker of the House, President pro tempore of the Senate, and then members of the President's Cabinet in the order in which their departments were established.
What are the powers of the President?
The President has the power to sign or veto bills, command the military, grant pardons and amesties, make treaties (with Senate approval), appoint federal judges and officials (with Senate approval), deliver the State of the Union address, and enforce and execute federal laws.
What are the term lengths/limits for the President?
The President serves a four-year term and can be re-elected for a second term, with a maximum limit of two terms as established by the 22nd Amendment.
List the impeachable offenses described in the Constitution.
The Constitution states that the President, Vice President, and all civil officers can be impeached and removed from office for "Treason, Bribery, or other high Crimes and Misdemeanors."
What is the process to overturn a presidential veto?
To overturn a presidential veto, both the House and the Senate must achieve a two-thirds majority vote in favor of the bill, thereby overriding the President's veto and allowing the bill to become law without the President's signature
How are Supreme Court Justices selected? How long is there term?
Supreme Court Justices are nominated by the President, confirmed by the Senate, and serve lifetime appointments, ensuring judicial independence and stability
How are court vacancies filled?
Court vacancies are filled through the President's nomination, requiring Senate confirmation for federal judges, including Supreme Court Justices.
What are the qualifications for federal judges?
No formal qualifications
How many Justices are in the Supreme Court
9 justices
What type of cases are heard by federal courts?
Federal courts hear cases involving federal law, constitutional issues, disputes between states, citizens of different states, and cases with the United States as a party; they also handle certain appeals and cases with foreign governments.
What is proper flag code?
Proper flag code includes guidelines for respectful display, handling, and lighting of the American flag, adherence to the National Anthem and Pledge of Allegiance etiquette, and recommendations for patriotic conduct.
What would be examples of violating flag code?
Examples include using the flag for advertising or decoration purposes that could be interpreted as disrespectful, allowing it to touch the ground, displaying a damaged or faded flag, or altering the flag's design.
Who is the Father of the Constitution
James Madison
What was the process to ratify the Constitution
The process to ratify the Constitution involved approval by nine out of thirteen states through state conventions after it was drafted in 1787.
When are Federal Elections held?
They are held on the first Tuesday of November in even-numbered years
Strengths of the articles of the confederation
Provided for the coordination of states during the Revolutionary War, established a framework for handling foreign affairs, and created a system for the admission of new states.
Weaknesses of the articles of the confederation
Alack of centralized power, inability to tax or regulate commerce, no executive branch, and a cumbersome amendment process, ultimately leading to its ineffectiveness and the call for the Constitutional Convention.
Legislative Article
Article I
Executive Article
Article II
Judicial Article
Article III
Legislative Age Requirements
To serve here, a person must be at least 25 years old, and for the U.S. Senate, the minimum age requirement is 30 years old.
Legislative Residency Requirement
To serve here, a person must be an inhabitant of the state they represent at the time of the election. For the U.S. Senate, a person must be an inhabitant of the state they seek to represent at the time of the election.
House of Representatives Citizenship Requirement
A person must be a U.S. citizen for at least seven years.
Senate Citizenship Requirement
The requirement is nine years of U.S. citizenship.
Senate #
100 persons
Note
Flashcard