Constitution and Federalism Review Guide

legislative branch

made up of the house of representatives and the senate

house of representatives has how many members?

435 members

the senate has how many members?

100 members

house of representatives qualifications

• 25 years old

• live in states you represent

• live in the nation for 7 years

senate qualifications

• 30 years old

• live in the state you represent

• live in the nation for 9 years

legislative powers

• make laws

• control finances

• approve treaties

• levy taxes

• regulate trade

who is involved in the executive branch?

president

president requirements

• 35 years old

• natural born citizen

exceutive branch powers

• run the military

• enforce laws

• appoint justices

• negotiate treaties

judicial branch requirements

there are no requirements

judicial branch powers

• settles disputes between states

• settles disputes between people

• judges constitutionality of laws

checks and balances

The system in government developed to ensure that no one branch of government would become too powerful.

the judicial checks the executive through

ruling against the executive branch

the judicial checks the legislative through

declaring laws unconstitutional

the executive checks the legislative through

vetoing bills

the executive checks the judicial through

appointing judges and justices

the legislative checks the executive through

• overriding vetoes

• impeaching and removing the president

• controlling the funding of programs

the legislative checks the judicial through

• impeaching and removing justices

• amending the constitution

how does an amendment pass?

2 methods:

1: 2/3 vote in each house of congress

2: at national convention by congress, requested by 2/3 of states legislatures

→ ratification: must be ratified by either ¾ of state legislatures of by conventions in ¾ of states

bill of rights

the first 10 amendments

1st amendment

freddom of speech, religion, the press

right to peaceably assemble and send grievances to government

2nd amendment

right to bear arms

3rd amendment

freedom from having to house soldiers

4th amendment

freedom from illegal searches and seizures

5th amendment

no double jeopardy, cannot be forced to testify against yourself, cannot be jailed without a trial, cannot have property taken without compensation

6th amendment

right to speedy trial, jury trial, confront witnesses against you to a lawyer (abt criminal cases)

7th amendment

right to jury trial (abt civil cases)

8th amendment

no excessive bail and no cruel and unsual punishments

9th amendment

there are more rights than listed here

10th amendment

states retain the powers they did not give to the federal government

federalism

the sharing of powers between state gov and central gov

expressed powers

powers expressly spelled out in the constitution

implied powers

power not expressly stated but inferred from express powers that evolve congress to carry out its functions

inherent powers

powers held by the national gov (though not expressly stated) bcs its a national gov in a sovereign state in the world community

reserved powers

powers not granted to the national government + not denied to the states

issuing licenses

reserved power

running public schools

reserved power

concurrent powers

both federal and state governments have

run courts

concurrent power

create laws

concurrent power

tax citizens

concurrent power

spend money

concurrent power

regulate commerce

concurrent power