POLS - Constitution flashcards

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What are the requirements for the House of Representatives?

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What are the requirements for the House of Representatives?

Age 25 and citizen for 7 years.

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Article III of the Constitution creates

The Judiciary.

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Which of the following is not an enumerated power of Congress? Regulate commerce Raise and support an army Pardon Tax

Pardon

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What body has the power to impeach the president? What margin of vote is needed?

The House of Representatives

50% +1

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You allegedly commit a crime in California and flee to Maine. If the government of California requests that Maine return you to Califorina does Maine have a Consitutional duty to return you? If so, what Article would apply

Yes, Maine has a duty to return you under Article IV.

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Article II creates the

Executive

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Northern California can break away from California and become the 51st state without Congressional approval.

False

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Which of the following is NOT a power the executive branch holds over the legislative branch. Veto Pardon Veto override

Veto override

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U.S. Supreme Court Justices must be legal scholars. True False

False

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Article V establishes

Ratification process. the Amendment Process. Judiciary. State-to-state relations.

the Amendment Process.

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How have U.S. Senators been chosen since 1913?

By popular vote.

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What body has the power to ratify treaties? What margin of vote is required?

Senate

2/3

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What are the eligibility requirements for the president?

Age 35

Natural born citizen

Live int he US for 14 years continuously

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Powers of Congress (Senate vs H of R)

H of Rep: - start spending bills

  • Impeach (50+1%)

Senate: - Hold trial for impeachment

  • Approve nominations to supreme and inferior courts

  • ratify treaties

Congress:

  • regulate commerce

  • declare war

  • pass laws (50+1%)

  • veto override

  • tax

  • raise and support army

  • power of the purse

  • no ex post facto

  • bankruptcy laws

  • define and punish piracy

  • rules for nautalization

  • post offices and roads

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According to the US Constitution, can the state of California declare war on the state of Nevada? Yes No

No

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Can Congress place a tax on goods exported from California to Maine? Yes No

No

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One matter that is beyond the Amendment process is?

"...no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."

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According to the Constitution, what are the requirments for the the Supreme Court?

None stated in the Consitution.

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One power that the executive branch has over the judicial branch is The President can add enlarge the federal courts and the Supreme Court. Power to appoint Power dismiss (fire) a federal judge or Supreme Court Justice.

Power to appoint

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Which of the following is NOT a method for proposing an Amendment to the Constitution? 2/3 of states call for Convention to propose an amendment 3/4 of both houses of Congress 2/3 of of both houses of Congress

3/4 of both houses of Congress

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What Article contains the Supremacy Clause?

Article 6

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According to the US Constitution, is there a religious test required as a qualification to any office in the US?

What Article would you find this in?

No religious test

Article VI

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Details on how to ratify the Constitution are found in

Article VII

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Can the President be removed against her/his will, say for example because they are ill or unfit? What Amendment addresses this issue and process?

Yes, the President can be removed against her/his will. The 25th Amendment clarifies this issue and process.

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The Vice President of the United States is also

the President of the Senate.

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The Constitution requires 3/4 majority for one process, what is it?

Ratify an amendment to the Constitution.

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Which of the following is not a charge for treason?

Giving the enemy aid High crimes and misdemeanors Adhering to the enemy Levying war against the U.S.

High crimes and misdemeanors

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Which of the following is a simple majority?

40% + 1 30% + 1 50% + 1

50% + 1

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Article 1 covers

Legislative branch -establishes that its bicameral -senator's term lasts 6 years -tax and tarrif legislation must origiate in the HoR -powers of congress -only fed govt has the power to conduct foreign diplomacy or print money

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Article 2 covers

Executive branch -Pres and VP terms are 4 years -requirements -preset salary -oath -can be impeached by congress

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Article 3 covers

Judicial branch -can decide cases involving federal law, disputes between states

  • charges for treason and punishments

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Article 4 covers

State relations (+extradition law)

  • promises to protect all states from foreign attack

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Article 5 covers

the Amendment process (needs to be proposed by 2/3 of Congress votes or state conventions --> ratified by 3/4 of the state legislatures

2 restrictions on amendments: - no amendment outlaws the slave trade before 1808

  • no amendment can end the system of equal representation of all states

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Article 6 covers

the supremacy clause (+ no religious test)

  • also recognized the financial debts of the US

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Article 7 covers

ratification process (3/4 because of Rhode Island)

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Powers of president

  • commander in chief -pardon -veto bills -sign and execute bills -appoint fed judges and ambassadors

  • make treaties

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President CAN'T

  • make laws -declare war -manage money -interpret laws -choose cabinet members without senate's approval

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What amendment changed how the senators were chosen?

17th from being chosen by various state legislatures --> by popular vote

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Comity clause (article+section?)

The comity clause is a clause in the U.S. Constitution that prevents a state from treating citizens of other states in a discriminatory manner. The clause is referred under Art. IV, § 2, Cl 1

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What constitution prohibits to the states?

  • form alliances with ither govt or states -declare war -coin money -grant titles of nobility

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what constitution prohibits to congress?

  • limiting slave trade

  • titles of nobility -Habeas Corpus (unlawful detention)

  • ex post facto laws

  • export tax

  • no bill of attainder (convicting without a trial)

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When is 2/3 vote needed?

  • override a veto

  • ratify treaties by Senate

  • remove impeached official from office -propose an amendment

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When is 3/4 vote needed?

to ratify an amendment

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When s 50+1% vote needed?

  • impeach the president

  • confirm or reject president's nominee to supreme court

  • to pass bill to senate

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ex post facto

a criminal statute that punishes actions that were legal when originally performed

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bill of attainder

a legislative act finding a person guilty of treason or felony without a trial

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extradition

the surrender of an accused or convicted person by one state or country to another

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