US constitution test study guide

Declaration of Independence

Declared independence from Great Britain

Declaration of Independence gets its power from:

the people

Purpose of the Declaration of Independence:

colonists wanted to be free of England for many reasons

Declaration of Independence signed and approved:

July 4th 1776

Declaration of Independence was written by:

Thomas Jefferson

Popular Sovereignty:

a government can only get its power from the people

Constitution was completed and signed:

Sept. 17th 1787

Father of Constitution:

James Madison

Great Compromise:

Settled how to choose members of congress, small and large states got what they wanted. One house based on population and one based on equal representation.

Preamble of the Constitution:

stated belief govt gets its powers from the people

Article I,II, and III of the constitution:

established principle of separation of powers, outlines legislative, executive and judicial branches

Bill of Rights:

1st 10 amendments

Federalism:

divides power between national and state governments

Separation of Powers:

divided government into 3 separate but equal branches

Reserved Powers:

Powers given to states, federal govt cannot have these powers

Concurrent Powers:

powers given to both state and federal govt

Exclusive powers:

powers only given to national govt, print money

Delegated Powers:

powers given to congress in Article I of the constitution

How often MUST Congress meet?

At least once a year

Ex Post Facto Laws

to make an act illegal after the act was done and prosecute someone for it

Writ of Habeas Corpus

protects against unjust indefinite imprisonment

Number of Senators, How is number set?

100, 2 from each state

Senate Requirements and term:

30 years old, citizen for 9 years, 6 year term

Number of Reps in House of Reps, How is number set?

435, number per state based on state population

House of Reps Requirements and term

25 years old, citizen for 7 years, 2 year term

Who presides over the Senate?

vice president or president pro tempore

Who presides over the House?

speaker of the house

Electoral College elects:

the president

How voting with the Electoral College works:

the winner of the state's popular vote receives all of the states electoral votes

Something the president CANNOT do (presidential myth):

declare war

Cabinet:

heads of executive departments, advise the president, appointed by the president and approved by the senate

Requirements for President:

35 years only, live in the US for 14 years, Natural Born Citizen

Presidential Powers:

commander in chief, recognize other nations

Duties of V.P.

main duty is to take the place of the president if necessary

Who chooses judges?

appointed by president and approved by the senate

Judge term:

serve for life as long as they are in “good behavior”

Judicial Review:

courts power to review legislative and executive actions, established by Marbury v Madison

Brown v. Board of Ed Topeka KS:

overruled laws stating segregation was legal

Three types of Courts:

district courts, court of appeals, supreme court

Treason

Making war against US or aiding enemy, must confess in open court or have two eyewitnesses testify against them to be convicted

1st Amendment Protections:

freedom of express self, disagree and criticize the govt, and to observe any religion one wishes

4th Amendment Protections

protects people from unreasonable searches and seizures by the govt

5th Amendment Protections

cannot be forced to testify against yourself, cannot be charged for the same crime twice

6th Amendment Protections

right to speedy and public trial by impartial jury

10th Amendment Protections

Powers not given to congress and not forbidden to the states are powers reserved to the states (reserved powers)

13th Amendment Protections

Prohibited slavery and involuntary servitude

14th Amendment Protections

all people born in the US are citizens

16th Amendment Protections

congress has the power to levy and collect taxes (income taxes)

18**th Amendment**

prohibited the making, sale or consumption of alcohol, prohibition

21st Amendment Protections

repealed the 18th amendment, allowing the making, sale, and consumption of alcohol legal

22nd Amendment Protections

Presidents are limited to 2 terms