Posi Exam 2

What are the first words of the United States Constitution?

“We the people”

What goals are set forth in the preamble? What order are they listed in?

“in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

For whom does the document wish to secure “blessings of liberty?”

“Ourselves and our posterity”

Which Branch of the Federal Government is the subject of Article 1?

Congress

How much of the legislative power is reserved for Congress?

“All legislative powers herein granted shall be vested in a Congress of the United States.”

Which branch of government is described in Article 1, section 2?

The House of Representatives

How long are the terms of the House of Representatives?

Two Years

Who is allowed to vote in elections of members of the House of Representatives?

“The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the elector in each state shall have the qualifications requisite for the electors of the most numerous branch of the State Legislature.”

What is the minimum age for a member of the House of Representatives?

25

how may years of citizenship do representatives have to have?

7

Where do the representatives have to live?

In the state that which elected them

How are vacancies in the House of Representatives filled?

The governor of each state will issue a writ of election

Who is to elect the Speaker of the House?

The House

What qualifications are listed for the Speaker of the House?

Only that he has to be elected by the members of the house

Which branch of government has the authority to bring articles of impeachment?

“The House of Representatives shall … have the sole power of impeachment.”

What branch of government is described in Article 1, section 3?

The United States Senate

Do the states have equal representation in the Senate?

Yes

Who elected U.S. Senators according the original design of the U.S. Constitution?

The state legislators

How long are Senatorial terms?

6 years

What portion of the Senate is up for election every two years?

1/3

In the event of a vacancy, when the stat legislature is not in session, who is to appoint the replacement senator?

The governor, in the original design

How old must one be to run for office in the United States Senate?

30

How many years must one be a citizen to run for the Senate?

9

Who is the President of the Senate?

The Vice President of the United States

When does the President of the Senate get to cast a vote?

If the vote is tied

Which branch has the sole authority to try all impeachments?

The Senate

How does the impeachment process change when the President of the United States is on trial?

The chief justice presides over the trial

What fraction of the Senators present is necessary to convict a person who is impeached?

2/3

Can impeachments lead to criminal convictions?

no

What consequences does an impeachment bring with it?

“disqualification to hold and enjoy any office of honor, trust, or profit under the United States”

Who gets to prescribe the times, places, and manner of holding elections for the Senators and Representatives?

Each state legislature, but the Congress may at any time by law make or alter such regulations

Can Congress regulate the times, places, and manner of holding elections for Senators and Representatives?

Yes, but they may not alter the place

Who is to be the judge of the elections of the House of Representatives?

The house

Who is to be the judge of the elections of the Senate?

The Senate

Who may expel a member of the House?

2/3 of the House

Who may expel a member of the Senate?

2/3 of the Senate

Are the Senator and Representatives to be paid?

yes

Are Senator or Representatives liable for what they say on the floor?

no

Which House must initiate all bills for raising revenue?

The House

What paragraph is the veto described in?

Article 1, section 7 paragraph 2

What happen if a law is not signed or vetoed after seven days, excluding Sundays?

“If any bill shall not be returned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in the manner as if he had signed it.”

Which Branch of government is empowered by Article 1, section 8?

The Congress

What powers are enumerated in Article 1 Section 8?

The enumerated powers

Under what circumstances may the privilege of the writ of habeas corpus be suspended?

“in cases of rebellion or invasion the public safety may require it.”

Who does the Constitution empower to suspend the writ of habeas corpus?

It is unclear

Are bills of attainder permitted under the U.S. Constitution?

no

Are ex post facto laws permitted under the U.S. Constitution?

no

May the federal government give preference to one state’s port over another state’s?

no

May the federal government grant titles of nobility?

no

Can States enter into treaties, alliances, or confederations?

no

Can states grant titles of nobility?

no

Which branch of the federal government is described in Article 2 of the U.S. Constitution?

The President

How long are presidential terms?

4 years

Did the original Constitution of the United States place term limits on the President?

No, though George Washington instituted formal ones

How is the number of electors sent to the Electoral College determined according to the U.S. Constitution?

It is the total number of senators and representatives that each state receives

Can electors hold other offices as they are elected to the Electoral College?

no

Where do the electors of the Electoral College meet?

In the capital of their state

Which federal officer is to certify the election?

The Vice President acting in the capacity of the President of the Senate

Where is the election to be certified?

In Congress assembled

Can the Electoral College decide a winner with a mere plurality?

no

Absent a majority, how does the Constitution direct POTUS to be elected?

The House of Representatives elects the president with each state getting one vote

How long does one have to be a citizen of the United States to be elected President?

One has to be a natural born citizen

How old does one have to be to run for President?

35

How may the President’s salary change while he is in office?

It shall not

Is the oath of office constitutionally required for the President of The United States?

yes

Which branch possesses the power of the sword?

The President

May the President require the opinions of the heads of the departments?

Yes

Does POTUS have the authority to grant pardons?

Yes

Which branches have the authority to make treaties?

The President with the consent of the Senate

Which branches have the authority to appoint members of the Supreme Court?

The President with the consent of the Senate

Can the President make appointments when the Senate is not in session?

Yes, but they expire when the Senate comes into session

Is the state of the union constitutionally required?

yes

Which Branch of the Federal Government is the subject of Article 3 of the U.S. Constitution?

SCOTUS

How long do the justices of the Supreme Court hold their office?

On good behavior (lifetime until impeached)

How may the salary of the Supreme Court be adjusted during their time in office?

It may be increased

What form of trial, except for cases of impeachment, is required by the United States Constitution?

A jury trial

Where must trials be held, according to the Constitution?

“in the state where the said crimes shall have been committed.”

How does the constitution define treason?

“Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.”

What does the Constitution require as evidence of treason?

Confession cannot be coerced and two people have to witness it.

What form of government is guaranteed to the states by the United States Constitution?

Republican

What two authorities may propose amendments to the Constitution?

The congress or the state legislatures

What fraction of the bodies empowered to propose amendment is required to propose amendments?

2/3

What bodies have the authority to ratify amendments?

State legislature or conventions in ¾ of the states

What fraction of the bodies empowered to ratify amendments are required to ratify amendments?

3/4

May the equality of the states in the Senate be amended?

no

What is the supreme law of the land?

“This constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land;”

Are House of Representatives and Senators members bound by an oath or affirmation?

yes

May a religious test be required for any office under the United States?

no

What is a preamble?

An introductory statement or defining statement

According to lectures in class and quotes provided to you from this lecture, what part of a work does Socrates say is the most important part?

The start or beginning of a work

According to lectures in class and quotes provided to you for this lecture from The Federalist Papers and The Brutus Papers, is the United States Constitution a philosophically consistent document or a compromise document?

It is a compromise document

According to this lecture in class, the different parties during the constitutional convention turned into our modern parties. Which party can claim the Federalist Party? Which party has descended from the Antifederalists?

There are two lines of parties:

Federalist > Whig > Republican

Antifederalists > Democratic Republicans > Democrats

According to this lecture and the quote provided to you that was written by Patrick Henry, what part of the preamble did henry object to?

The preamble, specifically the phrase “we the people”

According to this lecture and quotes by John Jay, Abraham Lincoln, and the 14th Amendment, How did the Federalist Republican party understand the concept of union?

A collection of individuals with natural rights and this collection is bound together by a strong federal government that protects natural rights

According to this lecture and quotes provided to you from George Clinton, Stephen Douglass, and Andrew Jackson, how did the Antifederalist/Democratic party understand the concept of union?

A collection of states bound by the US Constitution. The states have a monopoly on some authority and the Federal Government has a monopoly on other powers. Neither the states nor the federal government can violate the rights of the other party as both exist legitimately. Thus Democrats supported state’s rights but opposed nullification and secession.

According to this lecture and quotes provided to you from New England Secessionists and John C. Calhoun, how did the Southern and New England Secessionists understand the concept of union?

Union was an optional friendship created by the states. The states could void a federal law (nullify a law) at their will, and they could also leave the union (secede) at their will because they were prior the Union (both chronologically and ontologically).

According to the lectures in class and quotes provided to you from Abraham Lincoln, what parts of the Constitution do Republicans appeal to for their arguments about union?

“The more perfect” phrase of the preamble, “the privileges and immunities clause, and the 14th Amendment

According to lectures in class, what part of the Constitution do Democrats appeal to for their understanding of union?

The 10th Amendment and the Senate

According to lectures in class, what part of the Constitution do secessionists appeal to for their understanding of union?

Article 5 of the US Constitution

According to this lecture and quotes provided to you from Federalist 51, what institution is the greatest of all reflections on human nature?

Government