History Chapter 5

pro tempore

meaning: for the time being

quorum

minimum number of people needed to conduct business

bills

proposed laws

writs of habeas corpus

court order requiring government to explain why a prisoner is being brought to court (article I, section 9)

ex post factos

meaning "after the fact"; law stating that one can't be charger for a crime put into law after said crime was committed

state of union

message president presents to congress annually introducing legislative plan for coming year

national supremacy

when federal and state laws disagree, federal overrides state; constitution, other federal laws, & federal treaties (in that order) considered "supreme law of the land" (article VI)

bill of rights

first 10 amendments to constitution; required to satisfy anti-federalists, but wanted by both sides; ratified december 15, 1791

article I

first part of constitution, focuses on legislative branch

legislative branch

branch that makes laws; congress

-made up of senate & house of representatives

-checks on executive & judicial branches (impeachment)

-checked on by executive (veto) & judicial branches (declares laws unconstitutional)

senate

division of legislature (congress)

-2 senators from each state: 6 year terms, 2 vote each, 1/3 replaced every 2 years, at least 30 y/o & 9 years as citizen, live in state they represent

vice president

originally runner up from presidential election, replaces president if needed, president of senate (breaks ties)

simple majority

at least 50% of senators plus vice president (50+1)

elastic clause

most important article I clause; "necessary and proper", can be stretched to fit different scenarios, "implied powers"

house of representatives

division of legislature (congress)

-each state has at least 1 representative, but can't exceed 1 for every 30,000 people

-must be at least 25 y/o, 7 years as citizen, must live in state they represent

article II

article in constitution focusing on executive branch

president

head of executive branch; commander in chief of military

-4 year terms

-natural born citizen, at least 35 y/o, 14 years as citizen

-can issue pardons & reprieves

-can make treaties (with 2/3 of senate present), appoint ambassadors, & fill up all vacancies

electoral college

number of electors in each state equal to number of senators and representatives

impeachment

charges against president, vice president, & all civil officers requiring them to be removed from office

executive branch

branch that enforces laws

-checks on legislative (veto) & judicial branches (nominate judges)

-checked on by legislative (impeachment) & judicial branches (declare presidential acts unconstitutional)

judicial branch

branch that interprets laws; made up of courts

-checks on executive (declare presidential acts unconstitutional) & legislative branches (declare laws unconstitutional)

-checked on by executive (nominate judges) & legislative branches (impeachment)

supreme court

head of judicial branch; reviews cases appealed from lower federal courts & high state courts

-judges chosen by president, until death or resignation

court of appeals

reviews appeals from district courts

district courts

lowest level of courts, holds trials

apellate

jurisdiction reversing previous decisions

2 witnesses or confession

requirements for conviction of treason

article IV

article of constitution focusing on relations among states

-person charged with a crime can't escape legal obligation by changing states

-new states are admitted by congress, can't be created within existing states or parts of states, states can't be joined without consent on legislatures in said states

full faith and credit clause

clause in article IV stating that states must honor laws, records, & court decisions made in other states

privileges and immunities clause

clause in article IV preventing a state from treating citizens of another state in a discriminatory manner

amendment proposal

can be done by 2 methods:

-congress: more common, 2/3 vote in each house

-national convention: less common, called by congress at request of 2/3 of state legislatures

amendment ratification

can be done by 2 methods:

-legislatures of 3/4 of states

-conventions in 3/4 of states

article V

article of constitution focused on amendments

article VI

article of constitution focused on supremacy of national government

article VII

article focused on ratification of constitution

-9/13 states needed

amendment I

amendment of bill of rights focusing on personal freedoms: freedom of religion, speech, the press, assembly, & right to petition government

establishment clause

clause in amendment I stating separation of church and state

free exercise clause

clause in amendment I preventing government from interfering with practice of religion

amendment II

amendment in bill of rights giving citizens right to defend themselves & property (well-trained militia)

amendment III

amendment in bill of rights stating soldiers can't be quartered in civilian homes without consent

amendment IV

amendment in bill of rights stating no unreasonable searches & seizures without warrant or probable cause

amendment V

amendment in bill of rights stating one isn't obligated to answer for crime unless indictment of grand jury; can't be tried twice for same crime or have property taken away without just compensation; right to remain silent

amendment VI

amendment in bill of rights giving right to speedy & public trial in state & district where crime occurred, impartial jury; accused gets to know charges, call witnesses, & receive legal counsel

amendment VII

amendment in bill of rights giving right to jury trial in common law suits exceeding $20; no fact by jury can be reexamined in court

amendment VIII

amendment in bill of amendment in bill of rights stating no excessive bail, fines, or cruel & unusual punishmentrights stating no excessive bail, fines, or cruel & unusual punishment

amendment IX

amendment in bill of rights stating constitution can't be used to deny other rights of the people

amendment X

amendment in bill of rights stating that powers not given to the government belong to the states and the people

republic

political system where citizens or a region elect representatives to run the government

articles of confederation

original document creating first government for the U.S.

-later replaced by constitution

-written by committee led by John Dickinson

-adopted by congress november 1777, went into effect march 1781

-weak national government

-only had legislative branch (continental congress)

-9/13 states needed for any new major law, all needed to amend

land ordinance of 1785

law allowing surveying and dividing public land in west

northwest ordinance

(1787) law creating method for adding new states

John Dickinson

led committee to write articles of confederation

continental congress

legislative branch and only form of federal government under articles of confederation

Robert Morris and Haym Salomon

created department of finance in 1781

shay's rebellion

taxpayer revolt against MA militia led by Daniel Shays to prevent farms from being sold to repay war debts (january 1787)

Daniel Shays

led shay's rebellion

constitutional convention

meeting in Philadelphia with delegates from each state (except RI) writing constitution, (may 25-september 17, 1787)

framers

delegates who wrote constitution

James Madison

delegate at constitutional convention from VA, "father of constitution", 4th president, one of the authors of the federalist papers

New Jersey Plan

proposal to

-make a single legislature (unicameral) with equal representation of states as opposed to representation by population

-plural executive (2 or 3 top executives chosen by congress)

-executive appointed supreme court

-more similar to articles of confederation than VA Plan

William Patterson

delegate at constitutional convention from NJ, proposed New Jersey Plan

Virginia Plan

proposal for national government to have

-3 branches

-supreme power

-legislative branch to have 2 houses (bicameral) with representation determined by state population; voters selected lower house, lower selected upper house; members of lower house chosen proportionally to state population

Edmund Randolph

delegate at constitutional convention from VA, proposed Virginia Plan, refused to sign constitution because there was no bill of rights

great compromise

agreement that a state's population determined representation in lower legislative house, but each state would have equal representation in upper house; proposed by delegates from CT

Oliver Ellsworth, Roger Sherman, and Dr. Samuel Johnson

delegates at constitutional convention from CT who proposed the great compromise

three-fifths compromise

agreement that slaves would count as 3/5 of a person in censuses