U.S. Constitution: Structure, Powers, and Federal Principles

What phrase begins the U.S. Constitution and why is it significant?

The Constitution begins with 'We the People...', which is significant for public appeal and suggests a democratic foundation, though the actual governance may reflect more of a union or republic.

What is the main difference between a Confederation and a Union as described in the Constitution?

In a Confederation, states are independent and the central government acts on states, while in a Union, the central government controls the states and acts directly on the people.

What are the six purposes of the Constitution as stated in the preamble?

The six purposes are to establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to our selves and our Posterity

What is 'The Great Compromise' and how did it shape Congress?

The Great Compromise established a bicameral legislature with a House of Representatives based on population and a Senate with equal representation from each state.

What are the term lengths and election processes for the House of Representatives?

Members serve a two-year term and are elected by the people of the several states.

What are the qualifications for serving in the House of Representatives?

Must be at least 25 years old, a citizen for at least 7 years, and an inhabitant of the state represented.

What unique power does the House of Representatives hold?

The House has the sole power of impeachment.

What is the term length for Senators and how are they elected?

Senators serve a six-year term and were originally chosen by state legislatures.

What are the qualifications for serving as a Senator?

Must be at least 30 years old, a citizen for at least 9 years, and an inhabitant of the state represented.

How are Senators divided to prevent overlapping elections?

Senators are divided into three classes to ensure that only a third are up for re-election every two years.

What role does the Vice President play in the Senate?

The Vice President serves as the President of the Senate but only votes to break ties.

What is the purpose of the Senate's ability to try impeachments?

The Senate can try impeachments, requiring a two-thirds vote for conviction, which can result in removal from office and disqualification from holding future office.

How are the rules for each Congressional chamber determined according to Article I?

The rules for each Congressional chamber are determined by the respective chamber itself.

What does the term 'more perfect Union' imply in the context of the Constitution?

It implies an improvement over the previous Confederation, aiming for a stronger and more cohesive national government.

How many times does the word 'Union' appear in the Constitution?

The word 'Union' appears six times in the text of the Constitution.

What is the significance of the phrase 'the rule of the people' in the Constitution?

While it suggests democracy, the structure of the government reflects a more complex balance of power between the states and the central government.

What was the original counting of citizens for representative proportion based on?

It was based on a formula that became outdated after the Civil War.

What is the role of the Speaker of the House?

The Speaker of the House is elected by the members of the House of Representatives and leads the chamber.

What is the function of the President pro tempore in the Senate?

The President pro tempore serves as a temporary fill-in for the Vice President in the Senate.

What is the primary focus of the preamble of the Constitution?

The preamble outlines the foundational goals and purposes of the Constitution.

How does the Constitution address the concept of democracy?

The Constitution incorporates democratic principles but also establishes a framework that limits direct democracy in favor of a representative government.

What is the significance of the age and citizenship requirements for members of Congress?

These requirements ensure that members have a certain level of maturity and experience in governance.

What are the two main ways for Congress to pass a law according to Article I, section 7?

A bill must pass the House of Representatives and then the Senate, and be signed by the President. If the President vetoes it, the bill can still become law if 2/3 of both houses agree to pass it.

What powers are expressly delegated to Congress in Article I, section 8?

1. To lay and collect Taxes, Duties, Imposts, and Excises; 2. To borrow Money on the credit of the United States; 3. To regulate Commerce with foreign Nations and among the States; 4. To establish a uniform Rule of Naturalization; 5. To coin Money and regulate its Value; 6. To provide for the Punishment of counterfeiting; 7. To establish Post Offices and post Roads; 8. To promote the Progress of Science and useful Arts.

What limitations are placed on Congress in Article I, section 9?

1. The privilege of the Writ of Habeas Corpus shall not be suspended unless in cases of Rebellion or Invasion; 2. No Bill of Attainder or ex post facto Law shall be passed; 3. No direct Tax shall be laid unless in proportion to the Census; 4. No Tax or Duty shall be laid on Articles exported from any State; 5. No preference shall be given to the Ports of one State over another; 6. No Money shall be drawn from the Treasury without appropriations made by Law.

What restrictions are placed on States in Article I, section 10?

1. No State shall enter into any Treaty, Alliance, or Confederation; 2. Grant Letters of Marque and Reprisal; 3. Coin Money; 4. Emit Bills of Credit; 5. Make anything but gold and silver Coin a Tender in Payment of Debts; 6. Pass any Bill of Attainder or ex post facto Law; 7. Grant any Title of Nobility.

What happens if the President vetoes a bill?

If the President vetoes a bill, it can still become law if 2/3 of both the House and Senate agree to pass it after reconsideration.

What is the purpose of Congress having the power to regulate Commerce?

To manage trade with foreign Nations, among the States, and with Indian Tribes.

What is required for Congress to draw money from the Treasury?

Money can only be drawn from the Treasury as a result of appropriations made by Law.

What is the significance of the Writ of Habeas Corpus in Article I, section 9?

It ensures that individuals cannot be unlawfully detained without just cause, except in cases of Rebellion or Invasion.

What is prohibited regarding the granting of Titles of Nobility?

No Title of Nobility shall be granted by the United States, and no person in office can accept presents or titles from foreign states without Congressional consent.

Why are certain powers prohibited to States in Article I, section 10?

These prohibitions ensure a uniform federal authority and prevent states from undermining national cohesion and governance.

What is the role of the President in the law-making process?

The President can sign a bill into law or veto it, influencing whether it becomes law.

What is the consequence of a Bill of Attainder?

A Bill of Attainder is a legislative act that singles out an individual or group for punishment without a trial, which is prohibited.

What does 'ex post facto law' mean?

An ex post facto law retroactively changes the legal consequences of actions that were committed before the enactment of the law, which is also prohibited.

What does Congress need to do to promote the Progress of Science and useful Arts?

Congress can secure exclusive rights for authors and inventors for their writings and discoveries for limited times.

What is the purpose of establishing Post Offices and post Roads?

To facilitate communication and the delivery of mail across the nation.

What does it mean to regulate the Value of Money?

It involves managing the currency's worth and ensuring stability in the economy.

What is the significance of the phrase 'common Defence and general Welfare'?

It indicates that Congress has the responsibility to protect the nation and promote the well-being of its citizens.

What is the importance of having a regular Statement and Account of public Money?

It ensures transparency and accountability in government spending and financial management.

What is the role of the Senate in the law-making process?

The Senate must approve a bill after it has passed the House of Representatives before it can become law.

What does it mean for a law to be passed with 'the Concurrence of two thirds'?

It means that two-thirds of the members present in both the House and Senate must agree to pass the law.

What is the implication of Congress having the power to borrow Money?

It allows Congress to finance government operations and obligations by incurring debt.

What restrictions does Article I, Section 10 place on states regarding imports and exports?

No state shall lay any imposts or duties on imports or exports without the consent of Congress, except what is necessary for executing inspection laws, and all duties and imposts must be for the use of the U.S. Treasury.

What powers are prohibited to states under Article I, Section 10?

States cannot lay duties of tonnage, keep troops or ships of war in peacetime, enter into agreements with other states or foreign powers, or engage in war unless actually invaded or in imminent danger.

What does Article I, Section 10 say about coining money?

No state shall coin money, emit bills of credit, or make anything but gold and silver coin a tender in payment of debts.

How many electors does each state get for casting votes for President according to Article II?

Each state gets a number of electors equal to the total number of Senators and Representatives it has in Congress.

What does Article II say about the appointment of electors?

Electors shall meet in their respective states and vote by ballot for two persons, one of whom must not be an inhabitant of the same state.

How many votes did each elector get for President according to Article II (without the 12th Amendment)?

Each elector got two votes for President.

What requirement is placed on electors' votes according to Article II?

At least one of the two persons voted for must not be an inhabitant of the elector's current state.

How was the President determined from the electors' votes according to Article II?

The candidate with the most votes became President, while the runner-up became Vice President.

What are the eligibility requirements to be President as outlined in Article II?

A President must be a natural born citizen or a citizen at the time of the Constitution's adoption, at least 35 years old, and a resident of the U.S. for 14 years.

What are the four main leadership roles of the President outlined in Article II?

1. Military - may require opinions of executive departments; 2. Foreign Relations - requires Senate consent; 3. Executive - subject to Congress; 4. Appointments - requires Senate consent.

What checks exist on the President's military leadership authority?

The President may require the opinion of the executive departments.

What checks exist on the President's foreign relations authority?

The President's foreign relations actions require the consent of the Senate.

What checks exist on the President's executive authority?

The President's executive actions are subject to Congress.

What checks exist on the President's appointment authority?

Appointments made by the President require the consent of the Senate.

What are the two check powers that the President has on the legislative branch?

The President can sign legislation or return it with objections (veto).

What is the President's judicial check on the judicial branch?

The President has the power to grant pardons and reprieves.

According to Article III, how many Justices are mandated to be on the Supreme Court?

The Constitution does not specify a number; it is determined by Congress.

What does Article III say about the length of a Justice's term and their salary?

Justices hold their offices during good Behaviour and receive a salary that shall not be diminished during their continuance in office.

What authority does Article III give Congress regarding inferior courts?

Congress can establish inferior courts.

What types of cases have original jurisdiction in the Supreme Court according to Article III?

Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party.

What types of cases fall under appellate jurisdiction in the Supreme Court as mentioned in Article III?

Appellate jurisdiction includes all other cases mentioned, cases of admiralty and maritime jurisdiction, controversies to which the United States shall be a Party, and controversies between two or more States.

How does Article III define Treason?

Treason consists only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort, and does not include corruption of blood.

What is the Full Faith and Credit clause of Article IV?

The Full Faith and Credit clause requires states to recognize the public acts, records, and judicial proceedings of every other state.

Give an example of a case where the Full Faith and Credit clause might apply.

If someone is found guilty of a crime in one state, other states must accept that judgment on 'good faith'.

How does Article IV increase coordination among the states?

1. Citizens of each state are entitled to all privileges and immunities of citizens in other states. 2. A person charged with a crime in one state must be returned to that state if found in another state.

What does Article IV say about the admission of new States into the Union?

New States may be admitted by Congress, but no new State shall be formed within the jurisdiction of any other State without consent from the legislatures of the states concerned and Congress.

What does Article IV guarantee regarding the form of government in the states?

The United States shall guarantee a Republican Form of Government to every State and protect them against invasion and domestic violence.

What are the two ways for amendments to the Constitution to be proposed according to Article V?

1. When two thirds of both houses deem it necessary. 2. When two thirds of the state legislatures call for a convention to propose amendments.

What are the two ways for amendments to be ratified according to Article V?

1. By the legislatures of three fourths of the states. 2. By conventions in three fourths of the states.

What cannot be amended without unanimous consent of the States according to Article V?

The first and fourth sections of the ninth amendment.

How does the amendment process in Article V relate to the concept of the USA as a Union?

It allows a larger form of government to have a say in amendment and ratification, rather than just the people within the states.