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Preamble
A source of law or power itself, acting more as a mission statement for the American government.
Enumerated v. Implied Powers
Enumerated powers are clearly listed, like Congress's ability to collect taxes. Implied powers aren't explicitly listed but are assumed, like the Necessary and Proper Clause.
The Elastic Clause
Gives Congress the power to make laws "necessary and proper" for carrying out its specific, listed (enumerated) powers, allowing for implied powers and flexibility to adapt to new situations
Article 1: Legislative Branch
Who makes up the legislative branch?
The House of Representatives and Senate
How many legislators from each state?
Two Senators
What are the requirements to become a congressman? How long do Congressmen serve?
You must be at least 25 years old, a U.S citizen for 7 years, and must be born in the U.S.
Serves up to 2 years.
What is the function of the legislative branch?
To create laws
What are some of the enumerated powers of the legislative branch?
The Constitution shall have the power to collect Taxes, imposts, duties, etc. To pay for the Debts and provide for the common defense and general welfare. To regulate Commerce with foreign Nations, several states, and Indian tribes
What is the Elastic Clause
Section 8, Clause 18, this clause grants Congress the power to pass all laws deemed 'necessary and proper' for executing its enumerated powers.
What are some of the limitations of Congress? Clauses 2 and 3 of section 9.
The privilege of Writ of Habeas Corpus shall not be suspended and No Bill of Attainder or Ex post facto Law shall be passed.
Article II - The Executive Branch
Who makes up this branch?
The President, The Vice President, and the President’s Cabinet.
Article II - The Executive Branch
What is the Electoral College and how does it work?
It’s a U.S. system for electing a president, where citizens vote for electors, not directly for candidates; each state gets electors equal to its Congress members (House + Senate), most using a "winner-take-all" method for their state's popular vote, and a candidate needs 270 of the 538 total electoral votes to win the presidency
What are some of the enumerated powers of the executive branch?
Is required to keep the Congress informed about governmental affairs through regular State of the Union addresses.
Is responsible for receiving foreign ambassadors that come to the United States.
Can make sure that all laws are executed faithfully while they are in office.
What are the eligibility requirements for the presidency?
A candidate must be a natural-born citizen, at least 35 years old, and have been a resident of the United States for 14 years.
What is the main function of the executive branch?
To enforce laws
Article III - The Judicial Branch
Who makes up the judicial branch?
U.S Supreme Court
What is the main function of the judicial branch?
To Interpret Laws
What are some of the enumerated powers of the judicial branch?
Hear cases under the Constitution, U.S. laws, and treaties. Resolve disputes and exercise judicial review.
How long do federal judges serve and why?
Supreme Court justices serve for life because they want an independent Judiciary or protect judges.
But they can be removed through impeachment for high crimes and misdemeanors.
Article IV - Relationship Among States
What is meant by full faith and credit?
The requirement of respect, accepting each other's acts, and records or judicial proceedings. And also granting Congress the power to create legislation that defines our public acts.
What is meant by privileges and immunities
They promise citizens the basic rights and freedoms they deserve.
Article V - Amending the Constitution
What are the two ways in which there can be a proposal for an amendment?
A two-thirds majority of both the House of Representatives and the Senate are required or by a national convention called by Congress.
What fraction of the states must approve a proposed amendment?
Two-Thirds
Article VI - Supremacy Clause
When a federal law and state law conflict, which shall be supreme?
The Federal Law
Article VII - Ratification
How many states were needed to ratify the Constitution?
9 States