What is the US Constitution?
sets up our government, limits the power of government, can change with times, guarantees rights and freedoms
What did the preamble state
Establishes the rights of the people and communicates the intentions of the people
Article I constitution
Establishes Congress as the legislative branch of Federal Government and lists the powers of Congress.
Article II constitution
This article describes the role and power of the Executive Branch, the President and the Vice President. commander-in-Chief
Article III constitution
creates the Judicial branch/Supreme Court but allows Congress to establish lower courts.
Article IV constitution
It requires states to give full credit and faith to the decisions taken by other states’ courts. Congress has the power to dispose of any rules or regulations respecting the territory or other properties of the US.
Article V constitution
Amendment Process; House and Senate can propose the ratification of an amendment by a 2/3rds majority through congress or from the state (rare)
Article VI constitution
States that the Constitution is the highest law of the land. Federal and state officers and judges must uphold the Constitution. National government supersedes state government
Article VII constitution
Ratification of the Constitution (9 of 13 states)
What are the six principles of the constitution?
popular sovereignty, limited government, separation of powers, checks and balances, judicial review, federalism
popular sovereignty
A government in which the people rule by their own consent.
federalism
A system in which power is divided between the national and state governments
separation of powers
the division of power among the legislative, executive, and judicial branches of government
checks and balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
judicial review
review by the US Supreme Court of the constitutional validity of a legislative act.
What are the powers of the legislative branch as established by Article I of the Constitution?
collect taxes, regulate trade, copyright/patents, declare war, armed forces
What are the powers of the executive branch as established by Article II of the Constitution?
appoints people & foreign policy treaties (w/congressional approval)
What are the powers of the judicial branch as established by Article III of the Constitution?
original jurisdiction, appeals court, Judicial review,
What is extradition?
When a state is required to return a suspect of a crime to another state.
What is reciprocity?
if something is legal in both states
What are congressional powers?
To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
What are some powers not vested in congress?
1 suspend the writ of habeas corpus, unless necessary in time of rebellion or invasion; 2 pass laws which condemn persons for crimes or unlawful acts without a trial; 3 pass any law which retroactively makes a specific act a crime; 4 levy direct taxes on citizens, except on the basis of a census already taken; 5 tax exports from any one state; 6 give specially favorable treatment in commerce or taxation to the seaports of any state or to the vessels using them; and 7 authorize any titles of nobility.
Revenue bills (constitutional right)
Tax bills (must originate in the House) to raise money for the government
impeachment power (constitutional right)
the constitutional authority of the House to charge the President, Vice President, and other "civil officers" with "high crimes and misdemeanors"
Major presidential appointments (exclusive senate right)
must be confirmed by the Senate. The Senate offers advice and consent to the president by a majority vote regarding the appointments of federal judges, ambassadors, and Cabinet positions.
Treaties (exclusive senate right)
Formal agreements with other countries; two-thirds vote
Impeachment trial (exclusive senate right)
Senate; A two-thirds majority can convict the individual and remove him or her from office
What is the house of representatives
the lower house of Congress, consisting of a different number of representatives from each state, depending on population
what is senate
upper house of the legislature, each state elects two
Oversight of the budget (implied powers)
Congress reviews and restricts the annual budget prepared by the executive branch
Investigation (implied powers)
Congress may investigate both issues that warrant study and wrongdoings by public officials. Through COMMITTEE HEARINGS, Congress has examined issues such as crime, consumer safety, health care, and foreign trade
congress age requirement
25 (house of representatives) 30 (senate)
congress citizenship requirement
7 years (house of Representatives) 9 years (senate)
congress residency requirement
the candidate must be a resident of the state he is representing
incumbency
holding the political office for which one is running
unstated requirements of congress
incumbency, white, male, rich
House of Representatives term
2 years
Senate term
6 years
president age requirement
35
President term
4 years, 2 terms
president resident requirement
14 years
Expressed Powers
powers directly stated in the constitution
Implied Powers
Powers inferred from the express powers that allow Congress to carry out its functions.
Inherent Powers
powers claimed by a president that are not expressed in the Constitution but are inferred from it
formal powers
specific grants of authority defined in the Constitution or in law
informal powers
powers not laid out in the Constitution but used to carry out presidential duties