US and Illinois Constitution Review

Supreme law of the land

Highest authority in the United States

Separation of powers

Division of government into three branches

Checks and Balances

System to prevent any one branch from becoming too powerful

Ex Post Facto laws

Laws that criminalize an action after it has occurred

Search warrant (requirements for)

Legal document required for searches, based on probable cause

Grand Jury

a group of 16 - 23 people who hear preliminary evidence to decide if there is enough evidence to charge someone of a crime.

Federalism

Division of power between national and state governments

President Pro Tempore

Temporary presiding officer of the Senate

Elastic Clause

Allows Congress to make laws necessary for carrying out its powers

Appellate jurisdiction

Authority of a higher court to review decisions of lower courts

Extradition

Process of returning a fugitive to the state where the crime was committed

Double Jeopardy

Being tried for the same crime twice

Electoral College

Group that officially elects the President of the United States. 538 total votes, 435 house of rep members, 100 senators, 3 electoral votes from D.C. capital.

Bill of Rights

First ten amendments to the U.S. Constitution

Article I, II, and III of the U.S. CONSTITUTION

Sections of the Constitution that establish the three branches of government, Article 1: Legislative, Article 2: Executive, Article 3: Judicial

Full Faith and Credit clause of the U.S. CONSTITUTION

States must recognize the laws and court decisions of other states

Treason

Betrayal of one's country

Judicial Review

Power of the courts to declare laws unconstitutional

Reserved Powers

Powers not delegated to the federal government are reserved for the states

Popular Sovereignty

Power resides with the people

Original Jurisdiction

Authority of a court to hear a case for the first time. Usually given to trial courts and sometimes the Supreme Court of the United States

Preamble to the Constitution

Introduction that states the goals and purposes of the Constitution

Purposes of the U.S. CONSTITUTION

Establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, secure the blessings of liberty

How a bill becomes a law

Process of passing legislation, including voting procedures and quorum. Must go through both chambers, revenue bills must start in the House of representatives.

How a bill becomes a law without the president's signature

Process of overriding a presidential veto which is a 2/3 vote from both the house and senate

Why there are Amendments to the Constitution

To protect individual rights and adapt to changing times

Purpose of the Declaration of Independence

To declare independence from Great Britain

Philosophy of the Declaration of Independence

Ideas of natural rights and government by consent

King of England's name in the Declaration of Independence

King George III

Reasons why the Anti-Federalists opposed the ratification of the Constitution

Concerns about centralized power and lack of individual rights. Anti-federalists wanted power given to the states.

Reasons why the Articles of Confederation failed

Weak central government and inability to enforce laws

Requirements for US House of Representatives Member

Must be 25 years old, 7 years as a US citizen, and must be a resident of the state you are representing.

Requirements for US Senate Member

Must be 30 years old, 9 years as a US citizen, and must be a resident of the state you are representing.

Requirements to be US President

Must be 35 years old, natural-born citizen of the US, and must be a resident for 14 years.

Total number of Senators

100 (2 per state) not a fixed number

Percentage of the Senate elected every 2 years

33%

Percentage of the House of Representatives elected every 2 years

100%

Number of Representatives per state

Varies based on population

Minimum number of Representatives in the House a state can have

1

Total number of House of Representative Members

435 fixed by law

Presiding officers in the House and Senate

Speaker of the House and President of the Senate

Duties of the presiding officers in the House and Senate

Maintain order and facilitate legislative process

Significance of a Filibuster in American Democracy

Allows for extended debate and prevents hasty legislation. Allows for the minority opinion to have a chance to speak.

When executive privilege is appropriate to be used by the president

To protect sensitive information related to national security

Special Powers of House

Brings impeachment charges, may choose the President if there is no majority in the electoral system, must start all revenue bills

Special Powers of the Senate

Acts as jury in impeachment trials (2/3 vote needed), must ratify treaties with foreign nations by 2/3 vote, must approves Presidential appointments (majority needed)

Special powers of Congress

Has the ability to declare war, make laws, includes powers in the House and Senate.

How the Senate checks the president

Confirmation of presidential appointments and treaties, overriding a veto with 2/3 vote (must be both chambers for override.

Roles of impeachment and removal by the House and Senate

House has the ability to formally charge that of a government official for a crime. Senate acts as the jury and tries the case finding them guilty or not.

How the president is elected

Through the Electoral College. Needs 270 electoral votes to win, if that is not achieved, House of Representatives will vote on top 3 candidates.

Electoral College

Number of members each state receives, 538 total

Powers of the President

1. commander in chief 2,. sign a bill (to make it a law) 3. pocket veto-(bill that is brought up within the last 10 days of congressional session, and pres. ignores it) 4. power of foreign policy (diplomatic recognition-power to send and receive ambassadors 5. power of appointment 6. pardon 7. required to give a state of union message 8. Power to make executive orders

Amendment proposal

2/3 vote by each house of Congress or 2/3 of the state legislatures at a national convention.

Amendment ratification

3/4 of state legislatures or 3/4 of state conventions

President's cabinet

an advisory group created by the president that includes the department heads and other officials chosen by the president. Job titles start with secretary of... Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs

Presidential succession

the order in which officials fill the office of president in case of a vacancy. Vice President, Speaker of the House, President Pro Tempore, Secretary of the State

Current Illinois Constitution

1970 was created, 1971 was put in place

Legislative and representative districts in Illinois

59 total legislative districts and 118 representative districts

General Assembly

Equivalent to congress on the national level. Has two different chambers being that of the Legislative (Senate) and Representative (House of Representatives).

Requirements for Illinois legislative branch

Must be 21 years old, must be a US citizen, and must be a resident of the district you are representing for 2 years.

Election of Illinois governors

Every 4 years

Requirements to be Illinois Governor and Lieutenant Governor

Must be 25 years old, must be a US citizen, and must be a resident of the state for at least 3 years.

Replacement of Lieutenant Governor if there is a Vacancy

Will be left unfilled until the next term

line-item veto

The ability to get rid of a particular provision in a bill passed by the legislature without getting rid of the whole bill. Only the governor has the power to do so.

Role of the Attorney General in Illinois

Chief legal prosecutor of Illinois that represents the state in certain cases and directs legal resources.

Secretary of State

Entity responsible for keeping the state's official records

Types of courts in Illinois

Circuit, Appellate, Supreme

Term Lengths for Judges in Illinois

Supreme: 10 Years

Appellate: 10 Years

Circuit: 6 Years

Requirements to be a state judge

Must be a US citizen, must be a licensed attorney at law in Illinois, and must be a resident of the area that you are elected in.

Home Rule

power delegated by the state to a local unit of government to manage its own affairs

Eminent Domain

Power of a government to take private property for public use. Must provide appropriate compensation.

Requirements to vote in Illinois

18 years old, must be a citizen of the US

U.S. Flag Law

List of laws that dictate when, how, and where to display the flag.

If during a procession, the flag must be front and center in front of other flags.

If during a speech, the flag must be directly behind and above the speaker.

If on the same pole as another flag, must be the highest flag meaning first.

If being hung with multiple flags, must be in the center and highest flag.

Purpose of property taxes

To provide funds to the government

1st Amendment

Freedom of Religion, Speech, of the Press, Assembly, and Petition

2nd Amendment

Protects the people's right to bear arms

3rd Amendment

No soldier can be quartered in a home without the permission of the owner

4th Amendment

Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause

5th Amendment

Protects rights of due process and the right to remain silent ("plead the 5th"), double jeopardy, right to a grand jury

6th Amendment

The right to a fair and speedy trial by a jury of one's peers; to have witnesses and to give a defense

7th Amendment

The right to a trial by jury in civil cases for amounts of $20 or more

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishments

9th Amendment

People have other rights not specifically stated in the Constitution

10th Amendment

Gives all powers not specifically given to the United States government in the Constitution, to either the states or to the people

11th Amendment

Determines when and if a state can be sued; states cannot be sued by people from other states or by foreigners

12th Amendment

The Electoral College must vote for the President and the Vice President separately. If no candidate receives 270 votes, House of representatives votes on top 3 candidates.

13th Amendment

Abolished slavery and involuntary servitude

14th Amendment

Makes anyone born on US soil a citizen and guarantees equal protection under the law, due process

15th Amendment

Cannot be denied the right to vote based on color, race, or previous servitude.

16th Amendment

Created an income tax and gave the Federal government the power to collect it

17th Amendment

Creates the direct election by the people of Senators

18th Amendment

Prohibition of the drinking, manufacture, and sale of alcohol

19th Amendment

Gave women the right to vote

20th Amendment

Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration). Starts in January instead of March.

21st Amendment

Repealed the 18th amendment (prohibition)

22nd Amendment

Limits the president to two terms in office (Max 10 years)

23rd Amendment

Gave Washington, D.C. three representatives in the electoral college so that citizens of D.C. could participate in the electoral process, even though it is not an official state

24th Amendment

Prohibited the poll tax

25th Amendment

Explains what happens when the President dies or is unable to continue in office (Succession)

26th Amendment

Sets the national voting age at 18, cannot be set any higher