Constitution Review

length of Representatives terms + number per state

2-year terms, number of members based on population (minimum of 1)

length of Senators terms + number per state

6-year terms, 2 Senators per state

Who elects House members?

The people (since adoption of the Constitution)

Who elects senators?

Before 1913: state legislators

Since 1913: the people (whole state)

Qualifications of House members

U.S. Citizen for 7 years, 25 years old, reside in the place they are representing

Qualifications of Senators

U.S. Citizen for 9 years, 30 years old, reside in the place they are representing

Special privilege for members of Congress

They cannot be arrested for a misdemeanor on the way to/while serving the government

Tax or revenue bills originate from…

The House of Representatives

Two ways the president can veto legislation

Pocket veto: president ignores a bill from Congress

Regular veto: denies a bill presented from Congress

Overriding presidential veto

2/3 majority in both houses of Congress

checks and balances

prevent abuse of power

Approve treaties

Legislative check on executive

Declare war

Legislative check on executive

Propose constitutional amendments

Legislative check on judicial

Raise and regulate armies & the militia

Legislative check on the executive

Regulate trade/commerce

Legislative check on the executive

Set up federal courts under the Supreme Court

Legislative check on the judicial

Appoint judges

Executive check on the judicial (and therefore legislative)

Grant pardons

Executive check on the judicial

Make treaties with other countries

Executive check on the legislative

Veto laws

Executive check on the legislative

Declare executive orders unconstitutional

Judicial check on executive

Declare laws unconstitutional

Judicial check on legislative

Why do 3 branches each have implied powers? Give an example of a clause.

To be able to adapt to various situations without amending the Constitution.

Ex: the elastic clause (necessary and proper clause)

Double Jeopardy

Denied power of Congress, people cannot be tried twice for the same crime

Habeas Corpus

people have the right to know what they are being arrested for (except in times of rebellion or invasion)

Bill of Attainder

Denied power of Congress, a person cannot be convicted/punished without a trial

Ex Post Facto

Denied power of Congress, cannot be arrested/punished for a (now) crime that was legal when performed

Election of the president and vice president

Electoral college is influenced by the popular vote state by state

Qualifications of President

Natural-born citizens, 35 years old, lived in the U.S. for the past 14 years

Who has final say on the constitutionality of a law?

Supreme Court

Appellate jurisdiction

Case gets to Supreme Court on appeal from lower courts

Original jurisdiction

Case is brought directly to the Supreme Court

Length of term for a federal judge

For life (under good behavior)

States give “full faith and credit” or recognize what from other states?

Public acts, records, and judicial proceedings

"“Privileges and immunities” clause

Prevents states from discriminating against people from other states, U.S. citizen rights are granted in all states

What does the Constitution guarantee to the States?

Republican form of government, protection against invasion, and protection against violence

An amendment to the Constitution must be ratified by…

¾ of the states

An amendment to the Constitution is repealed by…

passing another amendment

Oath of Affirmation

Oath required of all public officials under the Constitution

What kind of oath/test is forbidden to be a requirement for public office?

a religious oath/test

Anti-Federalists supported the Bill of Rights because…

they feared tyranny after British colonial rule, so they wanted to ensure that freedoms/rights were protected under the Constitution

1st amendment rights

P - press

A - assembly

P - petition

E - establishment of religion (protected from a forced religion)

R - religion

S - speech

2nd amendment

right to bear arms is granted because it is necessary to the security of a free state

4th amendment’s protection against “unreasonable search and seizures”

guaranteed: must have a warrant (given by a judge) with probable cause and also describes the place to be searched

implied: right to privacy

Peaceable assembly examples

celebrations, class meetings, clubs

“self incrimination” (5th amendment)

Cannot be forced to be a witness against themselves

“eminent domain” (5th amendment)

Private property may only be taken for public use with just compensation

“grand jury” (5th amendment)

Right to a group of citizens deciding if there is enough evidence to charge you

“double jeopardy” (5th amendment)

Cannot be tried twice for the same offense

6th amendment guarantees for accused people

1. speedy public trial

2. impartial jury

3. informed of the nature and cause of the accusation

4. know of the witnesses against you

5. gather your own witnesses

6. assistance of council (lawyer)

8th amendment protections for accused persons

no excessive bail, no excessive fines, and no cruel and unusual punishment

10th amendment

All powers not stated as powers of the federal government are reserved for the states and/or the people

Ex: education system

State Representative in the Illinois General Assembly

Bob Morgan

State Senator in the Illinois General Assembly

Julie Morrison

General Illinois Assembly

“Congress” or legislative branch of states

Representative from the 10th Congressional District of Illinois to the U.S. House of Representatives

Brad Schneider

U.S. Senators from Illinois

Dick Durbin and Tammy Duckworth

Speaker of the House

Mike Johnson

U.S. Secretary of State

Marco Rubio

Vice President

JD Vance

President

Donald Trump

Chief Justice of the U.S. Supreme Court

John Roberts

Public Education in Illinois Constitution

public education through high school is free

Governor veto power

Line-item veto: for revenue bills, the governor can modify the amount of money

Still has the regular veto

Preambles of Illinois and U.S. Constitutions

mostly the same

Where is the Bill of Rights in the Illinois Constitution?

Article I

Separate Branches in Illinois Constitution

3 branches of government (judicial, executive, legislative)

Qualifications to vote in Illinois

U.S. citizen, at least 18 by the time of the general election, and not jailed for a felony

Do all 6 elected officials of the Illinois executive branch need to be from the same political party?

No, only the governor and the leutenant governor

Eligibility for the Illinois State Militia

all able bodied people

How are judges selected in Illinois?

elected