Constitution Test

Issues with Articles of Confederation

-Economic Problems (National Debt)

-Weak Government (No executive branch, no power to tax states)

-Shays Rebellion proved weak government

Constitutional Convention

-James Madison (father of constitution)

-George Washington (president of convention)

-Debates (slavery, representation)

The Virginia Plan

-Big State Plan

-bicameral legislature

-Representation based on population

New Jersey Plan

-small state plan

-unicameral legislature

-equal representation for each state

Great Compromise

-bicameral legislature

-one house on population

-one house with equal representation

-3/5ths compromise

Ratification

-debate between Antifederalists (more state rights) and federalists

-9 of 13 need to ratify

-federalists win and bill of rights is added

Separation of Powers

3 branches of government have their own powers

Checks and Balances

Each branch can limit the power of the other branch

Limited government

government does not have total power, it is split

Popular Sovereignty

government gets power from the people

Republicanism

vote for people who represent us

Federalism

state and federal governments each have own power and shared powers

Articles I, II, III

I-legislative

II-executive

III-judicial

House of Representatives

-lower house

-435 total (217 republicans, 212 democrats)

-census every 10 years

-direct election by residents of district

-presiding officer: speaker of the house Mike Johnson

House Qualifications

25 years old, 7 years a citizen, living in state 2 years

Senate

-the upper house

-2 from each state (53 republicans, 45 democrats)

-elected by state legislatures originally, now residents of state through direct election (popular vote)

-president of senate JD Vance

Qualifications & term length

30 years old, 9 years a citizen, resident for 2 years of state

House Powers

-bills related to taxes and spending

-impeachment accusation (simple majority to accuse)

Senate Powers

-ratify treaties with other countries (2/3)

-approve presidential appointments (simple majority 51)

-act as jury for impeachment (2/3 required)

-unlimited debate filibuster

Both Houses

-write laws

-oversight

-$174,000

-2/3 majority of both houses to override the veto instead of simple majority to pass bill

Enumerated Powers

-levy taxes, borrow spend money

-regulate commerce with foreign nations

-regulate immigration

-coin money

-establish post offices

-issue patents

-create lower courts

-declare war

-raise army/navy

-establish capitol in DC

-make laws

-elastic clause

implied powers

-inferred from enumerated powers

-congress can coin money—>paper money

Powers forbidden

-cannot suspend writ of habeas corpus (if arrested, must be told why)

-bill of attainder (punish a person through act of law)

-ex post danger law (makes something illegal in the past)

-no titles of nobility or other titles from king

Article II

Executive Branch

Presidential Requirements

-4 year term, with VP

-Can be voted in twice (up to 10 years)

-natural born citizen

-35 years old

-14 years US resident

-takes oath into office

-$400,000 salary

Roles of President

-commander in chief of the army and the navy

-power to create cabinet

-15 departments run by secretaries

-can grant reprieves and pardons

-with advice and consent of the senate

-make treaties (2/3 of senate to ratify)

-nominate and appoint ambassadors (51)

-supreme court justices (51)

-cabinet members (51)

-sign or veto laws

State of the Union

gives recommendations to both houses and can convene them

Impeachment

-can be impeached for treason, bribery, and other high crimes

-house can accuse with simple majority

-senate acts as jury with 2/3 vote

Electoral College

-each state gets one elector for each rep & senator

-100 senators+435 representatives= 438

-winner might take half+ 1= 270 to win

-Illinois has 19 (17 reps, 2 senators)

Presidential Succession & Disability

-VP becomes POTUS, New Pres nominates new VP, congress must confirm with majority votes

-for disability, pres or VP & majority can write t speaker and president pro tempore

Article III

Judicial Branch

Levels of Courts

-Levels of Courts (trial courts, courts of appeal review judgements for mistakes in trial courts)

-Supreme Court (highest appellate court)

-Criminal and Civil Law

Jurisdiction

-the power to make legal decisions

Original Jurisdiction

-the court you’re assigned to first hears your case, without state of US district court

-appellate court (never has original jurisdiction)

-US Supreme Court (a few examples of original)

Dual Court System

Similarities: judges, lawyers, can go to appeal, criminal and civil law cases

Differences: state courts handle state laws (traffic ticket), federal courts handle federal laws (counterfeit), federal judges are appointed by the president and senate simple majority approves them, state judges elected and appointed

State Courts

-Illinois has 23 district courts and 5 appellate courts

-3 main types: trial courts, appellate courts, and state supreme court

federal courts

-deal with federal laws

-94 district courts and 13 US courts of appeal

-judges: presidential appointment, simple majority of senate, lifetime appointment

the supreme court

-constitutional interpretation, highest court in USA

-judicial review implied

-cases rise through court system

-9 seats today, chief justice acts as judge during impeachments

how do cases make it to supreme court

-the court chooses which cases it hears

-takes cases from state supreme courts, US court of appeals, original jurisdiction

-if you lose at lower court, ask for writ of certiorari (4 of 9 justices must agree to hear

First amendment

-freedom of religion, speech, press, assembly, petition

second amendment

right to bear arms

Third amendment

No quartering of troops

fourth amendment

unwarranted searches and seizures

fifth amendment

right to grand jury

Sixth amendment

speedy and public trial, jury/witnesses, right to lawyer

seventh amendment

civil court case rights, suits, right of trial

Eighth amendment

freedom from cruel and unusual punishment

ninth amendment

bill of rights is not all inclusive, other rights

tenth amendment

states’ rights, powers left to the states, federalism

11th amendment

Citizens and other countries may not sue a state, federal courts can’t hear cases where states are being sued

12th amendment

electors one vote each for president and VP, house of reps if nobody gets a majority

13th amendment

Abolish slavery

14th amendment

citizenship not on race, etc, must be born or naturalized

15th amendment

right to vote

16th amendment

income tax, direct taxing on citizens

17th amendment

direct election of US senators

18th & 21st amendment

prohibition as a result of temperance, 21st repealed 18th

19th amendment

women’s voting rights

20th amendment

new president, VP, senators, and reps take office in January

22nd amendment

presidential term limits, may be elected twice, 10 year max

23rd amendment

Washington DC 3 electoral votes

24th amendment

right to vote cannot be denied by fail to pay poll tax

25th amendment

presidential disability/succession

26th amendment

18 year olds can vote

27th amendment

Raises are effective next 2 year term, no one can make raises immediate

Illinois constitution

-republican form of government

-3 branches

-four constitutions

-6 capital buildings, Springfield

legislative IL

-house of reps (118), 2 yr

-senators (59), 2 or 4 yr

-must be 21, US citizen, resident of district for 2 years

executive IL

-governor (pritzker)

-governor can veto or sign bills in 60 days (3/5 of each house to overturn veto)

-must be a US citizen, 25 years old, IL resident for 3 years

judicial IL

-supreme court (7 justices, 10 year term)

-appellate courts (54 justices, 5 courts, 10 years)

-circuit courts (24 of them, original jurisdiction, circuit judges 4 year term)

-must be lawyer, US citizen, resident of district or circuit

amending IL constitution

-proposed by 3/5 of state senate and reps

-goes on ballot, 3/5 of voters on question, ½ + 1 if a lot left blank

IL voting requirements

-18 years old

-resident 30 days prior to election

-US citizen

-can vote in primary if 18 by next election

flying US flag

-raise briskly/lower ceremonially

-take down at night or illuminate

-half staff based on presidential order

Displaying a flag

-on a stage (to the speakers right)

-among state/ locals—> highest

-among other nations—> even

-upside down—> sign of distress