PSC 1387 Final Exam Clayton

What is Article 1 of the Constitution?

Legislative Branch

What is Article 2 of the Constitution?

Executive Branch

What is Article 3 of the Constitution?

Judicial Branch

What is Article 4 of the Constitution?

The States (States Relations)

What is Article 5 of the Constitution?

Process of Amending the Constitution

What is Article 6 of the Constitution?

Supremacy Clause

Article 1, Section 8

Powers of Congress

Article 1, Section 9

Powers DENIED to Congress

Article 1, Section 10

Powers DENIED to the States

Article 2, Section 1

Election, Installation, Removal

Article 2, Section 2

Powers of the President

Article 2, Section 3

Duties of the President

Article 3, Section 1

Judicial Powers (Vesting Clause)

Article 3, Section 2

Jurisdiction, Powers of the Courts

Article 4, Section 1

Full Faith and Credit Clause

Article 4, Section 2

Privileges and Immunities Clause

The Bill of Rights

First 10 Amendments to the Constitution

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to Keep and Bear Arms

10th Amendment

Powers Reserved to the States

12th Amendment

Election of President and Vice President

13th Amendment (1865)

Abolition of slavery

14th Amendment

Rights of Citizens

15th Amendment (1870)

The Right to Vote

16th Amendment

Allows the Federal Government to collect INCOME TAX

17th Amendment

Election of Senators

What is included in the 14th Amendment?

Privileges and Immunities of Citizenship, Due Process, and Equal Protection

What are the powers of Congress?

The power to tax, to borrow money, to regulate commerce and currency, to declare war, and to raise armies and maintain the navy.

What is the Necessary and Proper Clause?

Gives Congress the power to make all laws that are "Necessary and Proper" for executing its powers

How long is a Senator's term?

6 years

How long is a House of Representative's term?

2 years

What powers are DENIED to Congress?

The Writ of Habeas Corpus, Bills of Attainder and Ex Post Facto Laws, Export Taxes and the Port Preference Clause.

What powers are denied to the States?

They cannot enter a treaty, alliance, confederation.

What are the powers of the President?

Sign or veto legislation, command the armed forces, ask for the written opinion of their Cabinet, convene or adjourn Congress, grant reprieves and pardons, and receive ambassadors.

What are the duties of the President?

State of the Union, Receive Ambassadors, Laws Faithfully Executed, Commission Officers

What are the Judicial Powers?

The power of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision

What is the jurisdiction of the Supreme Court?

Original and Appellate

What is Original Jurisdiction?

The right to hear cases for the first time

What is Appellate Jurisdiction?

The power of a higher court to review decisions and change outcomes of decisions of lower courts

What are the differences between Original and Appellate Jurisdiction?

Original jurisdiction is the right of a court to hear a case for the first time; It is different than appellate jurisdiction which is the right of a court to review a case that has already been heard and decided upon by a lower court.

How does the Supremacy Clause conflict with the 10th Amendment?

The 10th Amendment gave some power back to the states, though only those powers that weren't already granted to the federal government

How did the 12th Amendment change the Electoral College?

The amendment stipulated that the electors would cast two votes: 1 for President and 1 for Vice President.

What is Selective Incorporation?

A doctrine describing the ability of the federal government to prevent states from enacting laws that violate some of the basic constitutional rights of American citizens

What is Due Process?

A requirement that legal matters be resolved according to established rules and principles, and that individuals be treated fairly

How many votes are in the Electoral College?

538 votes

How many votes are needed to win the Presidency?

270 electoral votes

What case established Judicial Review?

Marbury v. Madison (1803)

What part of the Constitution provides a basis for Selective Incorporation?

14th Amendment

How did Justice John Marshall view/expand the Necessary and Proper Clause in Marbury v. Madison?

Expanded that a writ of mandamus was the proper way to seek a remedy, but concluded the Court could not issue it

What is a Writ of Habeas Corpus?

a court order to a person or agency holding someone in custody to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention

What are Bills of Attainder?

A legislative act that singles out an individual or group for punishment without a trial.

Ex Post Facto Law

A law that would allow a person to be punished for an action that was not against the law when it was committed

Port Preference Clause

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another (Article 1, Section 9, Clause 6)

What is a Writ of Mandamus?

An order issued to a lower court, government official, or agency to perform acts required by law