1/120
Name | Mastery | Learn | Test | Matching | Spaced |
---|
No study sessions yet.
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