US Constitution Study Guide Flashcards

Flashcards covering key concepts from the US Constitution Study Guide.

Which amendment gave 18-year-olds the right to vote, when was it ratified, and why?

The 26th Amendment to the United States Constitution, ratified in 1971, lowered the voting age to 18. This was primarily driven by the argument that if 18-year-olds were old enough to be drafted and serve in the military (particularly during the Vietnam War), they were old enough to vote. "Old enough to fight, old enough to vote" was a common slogan.

In the original Constitution, how many times may the president be elected? How many times today? When did this change occur and why?

Originally, there was no limit. Today, a president may be elected to office twice, or serve no more than ten years. This change occurred with the 22nd Amendment, ratified in 1951, in response to Franklin D. Roosevelt's four terms.

What fraction of state legislatures must approve an amendment to the U.S. Constitution?

Three-fourths.

Division of power between national and state governments is called what?

Federalism.

What courts are parts of the federal court system? Which are not?

The federal court system includes district courts, circuit courts of appeals, and the Supreme Court. State/trial courts are not part of the federal system.

How many judges are on the Supreme Court today?

Nine.

What is the chief duty of the executive branch?

To enforce the laws.

Who appoints executive branch cabinet members?

The President.

If no candidate receives a majority in the Electoral College, which body decides who will be president, and how? Has this happened in U.S. history? When?

The House of Representatives decides, with each state delegation having one vote. It has happened twice: in 1800 and 1824.

Who is the Commander-In-Chief of the armed forces? When does that person take on the role?

The President of the United States. They take on the role as Commander-in-Chief upon assuming the office.

How many amendments have there been to the United States Constitution?

There have been 27 amendments to the United States Constitution.

In changing the Constitution, what is the usual role of Congress?

Congress proposes amendments to the Constitution.

What are the primary checks the legislative branch has over the judicial branch?

The legislative branch can impeach and remove federal judges, and it approves judicial appointments.

What name is given to the process by which a court system interprets the laws and finds them constitutional or unconstitutional?

Judicial review.

The 'full faith and credit' clause would apply mainly to relations between what two parties?

Relations between states.

What are the primary qualifications to be the President of the United States?

Must be a natural-born citizen, at least 35 years old, and have lived in the U.S. for at least 14 years.

How long is the term of the President of the United States?

Four years.

Which cabinet officer is responsible for foreign affairs?

The Secretary of State.

What were the most important weaknesses of the Articles of Confederation?

A weak central government, lack of national currency, inability to tax, and no national army.

What is the correct chronology for the creation of the following: The Articles of Confederation, The U.S. Constitution, The Bill of Rights, The Declaration of Independence.

Declaration of Independence, Articles of Confederation, U.S. Constitution, Bill of Rights.

Who is the presiding officer of the House of Representatives?

The Speaker of the House.

What name is given to a type of law that Congress is not allowed to pass?

Ex post facto law or a bill of attainder.

What name is given to the eighteen powers given to Congress in the Constitution?

Enumerated powers.

If the president receives a bill and does nothing about it for 10 days while Congress is in session, what happens?

The bill becomes law.

What is the primary purpose of The Bill of Rights?

To protect the individual's rights against government intrusion.

What are the qualifications for becoming a Senator or Representative?

For a Senator, they must be at least 30 years old, a citizen for 9 years, and live in the state they represent. For a Representative, they must be at least 25 years old, a citizen for 7 years, and live in the state they represent.

How can Congress override a presidential veto?

By a two-thirds vote in both the House and the Senate.

What is an ex post facto law? What is wrong with this concept? Why were the founding fathers concerned?

An ex post facto law is a law that applies retroactively, criminalizing actions that were legal when committed. It is considered unjust because it violates principles of fairness. The Founders were concerned about using the law to punish people for actions that were legal when committed.

Who serves as the President of the Senate? Why?

The Vice President of the United States serves as the President of the Senate because it is a role established by the Constitution.

What is the term of office for a Senator and a Representative?

A Senator serves a term of six years, while a Representative serves a term of two years.

How does the Electoral College work? How are members chosen, and how many are allowed per state?

Each state gets a number of electors equal to its total number of Senators (always 2) and Representatives (based on population). The members are chosen by each state party. Most states award all their electoral votes to the candidate who wins the popular vote in that state.

The formula for determining the number of votes for each state is simple: each state gets two votes for its two US Senators, and then one more additional vote for each member it has in the House of Representatives.

What is the term of a federal judge?

Federal judges have lifetime appointments, serving 'during good behaviour.'

What are the qualifications to be a member of the Supreme Court?

There are no specific qualifications outlined in the Constitution to be a member of the Supreme Court.

How many states had to vote affirmatively in order to ratify the Constitution?

Nine states.

What are the most important rights guaranteed by the Bill of Rights?

Freedom of speech, religion, press, assembly, and the right to petition the government, the right to bear arms, protection from unreasonable search and seizure, the right to due process, and protection against self-incrimination.

What states did not sign the original drafting of the U.S. Constitution?

Rhode Island did not send delegates to the Constitutional Convention.

What is the rule in Congress concerning the number of members needed to be present for an official vote to take place?

A quorum, which is a majority of members, must be present for an official vote to take place.

What are the special privileges held by members of Congress?

They are immune from arrest when attending sessions of Congress or traveling to and from, except in cases of treason, felony, or breach of the peace. They also cannot be questioned in any other place for speech or debate in congress.

What are the Executive Branch 'checks' on the Legislative Branch?

The President can veto legislation passed by Congress.

What are the reserved powers held by the states? What powers are specifically restricted from states?

Powers not delegated to the federal government, nor prohibited to the states, are reserved to the states (Tenth Amendment). Eery unenumerated power is a power reserved to the states, Marriage licenses, regulating intrastate commerce, establishing local governments, creating public schools, protecting public health and safety, and running elections. States are specifically restricted from entering into treaties, coining money, and impairing contracts.

What are the responsibilities of states to each other?

States must give full faith and credit to the laws and judicial decisions of other states, and must extradite fugitives.

What is the process in the Constitution for adding new states? Who controls the process?

Congress has the power to admit new states. New states cannot be formed within the jurisdiction of any other state or by joining two or more states or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.

What is the process of impeachment? Does it differ depending upon who is being impeached? How?

The House of Representatives has the power to impeach, and the Senate has the power to try all impeachments. If the President is tried, the Chief Justice presides.

What is the process for amending the Constitution?

An amendment may be proposed by two-thirds of both the House and the Senate or by a convention called by two-thirds of the states. It must then be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states.

What is the 'supreme law of the land' according to the Constitution?

The 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; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

Who has the power to control interstate trade?

Congress has the power to control interstate trade.