Constitution & Three Branches of Government Study Guide

Supremacy Clause

States that the constitution is the highest law of the land and that the federal laws stand above state and local laws

Necessary & Proper Clause (Elastic Clause)

Allows Congress to expand its powers beyond those explicitly listed in the Constitution

3 parts of the Constitution

Preamble, Articles, Amendments

Six principles of the Constitution

1. Popular sovereignty

2. Limited government

3. Separation of powers

4. Checks and balances

5. Judicial review

6. Federalism

7 Articles of the Constitution

Article 1: Legislative powers

Article 2: Executive powers

Article 3: Judicial powers

Article 4: Relationship between states

Article 5: Amending Constitution

Article 6: National debt, supremacy of law & oath

Article 7: Ratification of Constitution

4 Formal Amendments

1. Proposed by house of congress, ratification by state legislatures

2. Proposed by house of congress, ratification by state ratifying conventions

3. Proposed by national convention, ratification by state legislatures

4. Proposed by national convention, ratification by state ratifying convention

Informal Amendments

1. Basic legislation of congress

2. Actions (executive) of President

3. Supreme (judicial) court decisions

4. Activities of Political parties

5. Customs

Bicameral

A legislature made up of two houses

House & Senate qualifications, members, & terms

House of representatives: 

 Term- 2 years

 Qualifications- 25 years old, 7 years as U.S citizen, resident of represented state

 Members: 435

Senate: 

 Term- 6 years

 Qualifications- 30 years old, 9 years a citizen of U.S, resident of represented state

 Members: 100

Presidential qualifications

35 years old, U.S born citizen, resident 14 years

Powers of the President

Executive Privilege, Appointment/ Removal, Clemency, Recommend legislation, Veto (Pocket veto end of Congressional session)(Line-Item Veto-Keep some & removing other items)

Executive, Judicial, and Diplomatic Powers of the President

1. Enforce federal law, treaties, court decisions

2. Executive orders

3. Appoints cabinet members, commissions, federal judges

1. Senate approval needed for appointments 

4. General charge of foreign policy 

5. Appoints ambassadors

6. Executive agreements 

7. Negotiate treaties 

8. Recognition of foreign governments 

1. Senate must approve appointments

2. Senate must approve treaties (⅔ vote)

Roles of the President

Chief of state, executive, administrator, diplomat, legislator, citizen, commander, head of political power

Vice-President Duties

1. Oversee the senate

2. President in waiting

Presidential Succession

 I)  Speaker of the house 

 II)  President Pro Tempore (senate)

III) The 14 cabinet members

Appointment of Judges

1. President nominates someone to become a judge

2. Senate majority vote confirms (senatorial courtesy)

3. Judge serves for life

Judicial vacancies

1. W.H consults state to find who to appoint

2. Candidates vetted (background check)

3. Nomination is made

4. S.J.C conducts hearing, candidate asked many questions

5. Senate J.C votes 

6. Full floor vote is scheduled 

7. Full floor of senate votes & candidates is confirmed

Veto: President can:

1) Sign the bill

2) Veto the bill

3) Not an act on a bill-neither sign or veto → bill becomes law (10 days)

4) Pocket-veto

3 levels of the Federal Courts

Top: U.S Supreme Court

Middle: Appeals Courts

Bottom: District Courts

4 types of jurisdiction

• Exclusive 

• Concurrent 

• Original 

• Appellate