Constitution and Federalist Papers Study Flashcards

60 flashcards covering the Preamble, Article I (legislative powers), Article II (executive), Article III (judicial), Article IV (states), Article V (amendments), Article VI (supreme law), Article VII (ratification), key Amendments (Bill of Rights and beyond), as well as introductory Federalist No. 10 and No. 51 concepts from Federalist Papers.

What is the purpose of the preamble?

To introduce the ideals and goals of the Constitution and explain the 'why' behind the document.

Why is 'we the people' significant?

It signals unity and represents the shift from monarchy to a republic, with power vested in the people.

How often are House representatives elected?

Every second year.

What are the three requirements to be a House representative?

At least 25 years old, 7 years a U.S. citizen, and an inhabitant of the state from which they are chosen.

How is the number of representatives for each state decided?

By the state's population, counting free people.

How are vacancies in the House filled?

The executive issues an election to fill the vacancy.

What power does the House alone have?

Impeachment.

What is the term length for a U.S. Senator?

Six years.

How are Senate vacancies filled?

The executive can temporarily replace until the next legislature votes.

What are the three requirements to be a Senator?

Age 30, 9 years a citizen, and an inhabitant of the state.

Who is the president of the Senate and what power do they have?

The Vice President; they have no vote unless there is a tie.

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

To try impeachments; conviction requires a two-thirds vote of the members present.

Who is responsible for running elections?

The state legislature; Congress can pass laws to alter regulations.

When is the first meeting of Congress?

Noon on January 3 (20th Amendment); older practice was the first Monday in December.

Where must revenue (tax) bills originate?

In the House of Representatives.

Power 1 of Congress (Article I, Section 8): Taxation

To collect taxes to fund the government.

Power 2 of Congress: Borrowing

To borrow money for national needs.

Power 3 of Congress: Commerce

To regulate trade between states and with foreign nations.

Power 4 of Congress: Naturalization and Bankruptcy

To set rules for becoming a citizen and dealing with bankruptcy.

Power 5 of Congress: Money

To regulate and print U.S. currency.

Power 6 of Congress: Counterfeiting

To punish the making of counterfeit money.

Power 7 of Congress: Post Offices

To create and manage mail services.

Power 8 of Congress: Patents and Copyrights

To protect inventors and creators.

Power 9 of Congress: Federal Courts

To establish courts below the Supreme Court.

Power 10 of Congress: Piracy and Crimes at Sea

To punish crimes committed on the oceans.

Power 11 of Congress: War

To declare war.

Power 12 of Congress: Army

To raise and support an army.

Power 13 of Congress: Navy

To raise and support a navy.

Power 14 of Congress: Military Rules

To make rules for the conduct of the military.

Power 15 of Congress: Militias

To call up state militias in emergencies.

Power 16 of Congress: Militia Organization

To organize and train militias.

Power 17 of Congress: Capital Control

To govern the District of Columbia.

Power 18 of Congress: Elastic Clause

To make laws that are proper and necessary to carry out these powers.

What is the significance of Section 9 in Article I for Congress?

It lists powers forbidden to Congress.

Forbidden power 1: The slave trade

No banning the slave trade until 1808 (per original text).

Forbidden power 2: Habeas corpus

Suspension only in cases of rebellion or invasion.

Forbidden power 3: Bills of Attainder

Laws that punish without a trial.

Forbidden power 4: Ex post facto laws

Laws that punish actions retroactively.

Forbidden power 5: Direct taxes

No unfair direct taxes unless based on population.

Forbidden power 6: Taxes on exports

No taxes on exports from any state.

Forbidden power 7: Favoritism toward ports

No favoritism toward ports in states.

Forbidden power 8: Drawing money from the Treasury

No drawing money from the Treasury unless Congress approves by law.

Forbidden power 9: Titles of nobility

US officials can’t accept foreign titles or gifts without Congress’s approval.

What is Habeas Corpus (definition)

The right to challenge unlawful detention.

What is a Bill of Attainder (definition)

Laws that punish without trial.

What is an Ex Post Facto Law (definition)

Laws that punish actions retroactively.

States forbidden 1: No treaties with other countries

States cannot make treaties with other countries.

States forbidden 2: No declaring war

States cannot declare war on their own.

States forbidden 3: No printing money

States cannot print their own currency.

States forbidden 4: No bills of attainder

States cannot pass bills of attainder.

States forbidden 5: No ex post facto laws

States cannot enact ex post facto laws.

States forbidden 6: No titles of nobility

States cannot grant titles of nobility.

States forbidden 7: No taxing imports/exports without Congress approval

States cannot tax imports or exports without Congress consent.

States forbidden 8: No keeping armies in peacetime without Congress approval

States cannot maintain armies or warships in peacetime without Congress approval.

States forbidden 9: No agreements with other states or countries without Congress approval

States cannot make agreements with other states or foreign countries without Congress approval.

Article II: How long is a presidential term?

Four years.

What are the requirements to run for president?

Natural born citizen, 35 years old, 14 years a resident.

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?

Commander in Chief of the Army, Navy, and state militias.

What is the president’s role regarding treaties and ambassadors (and Supreme Court Justices)?

Treaties require two-thirds of the Senate; the President appoints ambassadors and Supreme Court Justices with Senate advice.

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

State of the Union, call special sessions of Congress, receive ambassadors, and commission officers.

What is the main idea of Federalist No. 10?

Factions are inevitable; a large republic dilutes factional power; direct democracy is vulnerable to tyranny of the majority.

What are the causes of faction, according to Madison?

Liberty, unequal distribution of property, self-interest, and protection of rights.

What is the most common and durable source of factions?

Unequal distribution of property.

What are the two cures for the mischiefs of faction, per Madison, and why are they problematic?

Destroy liberty or make everyone think the same; both would undermine a free society and lead to tyranny.

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

A large republic with representative government to balance competing interests.

What is a republic and how does it differ from a pure democracy?

A republic uses elected representatives to make laws under a constitution; a pure democracy has all citizens voting on laws, often risking minority rights.

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

By refining public views through elected representatives and enlarging the sphere to include more interests.

What is the supreme end of government, according to Madison?

Justice.

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

Humans are flawed and ambitious; checks, balances, and separation of powers are needed to prevent tyranny.

Which branch did Madison think would be the strongest?

The Legislative Branch, because it makes laws and is closest to the people.

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

Double security for rights by dividing power between state and federal governments; helps prevent tyranny by dispersing power.

What did Madison say is the 'end' or supreme goal of government?

Justice.

What is the significance of the oath/affirmation to support the Constitution, and what comment about religious affiliation was made?

Public officials must uphold the Constitution, not serve a person or party; no religious test shall be required for office.

When was the Constitution ratified and how many states were needed?

Ratified June 21, 1788; 9 states needed.