Constitution Test Notes

Ex Post Facto Laws

criminalizes acts retroactively, allowing people to be prosecuted for acts that weren't illegal at the time they did them.

Is the President paid?

Yes, set by Congress

What does the 9th amendment cover?

It states that the listing of specific rights in the Constitution does not mean that other rights do not exist.

Elite Democracy

A democracy where a small group of people hold power.

Checks and Balances

A system ensuring that no single branch of government becomes too powerful.

Limited Government

A principle that government powers are restricted by law.

Federalism

The division of power between national and state governments.

Extradition

The process of returning a fugitive to the state where they are accused of a crime.

Senate

The upper house of Congress, with two senators from each state.

Reserved Powers

Powers not delegated to the federal government nor prohibited to the states, reserved for the states or people.

What does "The Power to Legislate" mean?

The power to create, amend, and enact laws.

Titles of Nobility and Foreign Emoluments

Congress cannot give titles and no one can accept anything from a foreign government

What are the current US territories?

Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands

Articles of Confederation

The first constitution of the United States, replaced by the current Constitution.

Legislative

Relating to the branch of government that makes laws.

Republic

A form of government in which officials are elected by the people.

Necessary and Proper Clause

Allows Congress to make laws necessary to execute its powers.

Full Faith and Credit Clause

Requires states to honor each other's public acts and records. Treat legal documents from other states as valid (contracts, marriages, college degrees, license)

What are the qualifications to be a Representative? A Senator?

Representative: At least 25 years old, a U.S. citizen for at least 7 years, and a resident of the state they represent.
Senator: At least 30 years old, a U.S. citizen for at least 9 years, and a resident of the state they represent.

How many senators are there? How many representatives?

Senators: 100
Representatives: 435

How are senators and representatives divided between the states?

Senators: 2 per state.
Representatives: Based on state population, with adjustments made every 10 years through the census.

How often does the Senate change? The House of Representatives?

Senate: One-third of the Senate seats are up for election every 2 years.
House of Representatives: All seats are up for election every 2 years.

What are the enumerated powers of Congress?

Powers specifically listed in the Constitution, such as regulating commerce, coining money, and maintaining armed forces.

Enumerated Powers: Specific powers that the Constitution granted Congress.

-To lay and collect taxes.
-Pay debts and borrow money.
-Regulate commerce.
-Coin money (to make or earn a large amount of money quickly or easily).
-Establish post offices.
-Protect patents (intellectual property that grants the owner rights for a set period) and copyrights.
-Establish lower courts.
-Declare war.
-Raise and support an army and navy.

What are the powers denied to Congress?

-Migration or Importation
-Habeas Corpus
-Bills of Attainder
-Ex Post Facto Laws
-Direct taxes
-Exports
-Ports
-Appropriations
-Titles of nobility and foreign emoluments

Migration or Importation

Prevented Congress from restricting the importation of enslaved people before 1808. However, Congress could establish a tax of $10 for each enslaved person.

Habeas Corpus

The right to be held in jail only if there are specific, legitimate charges filed against you in court. A person cannot be detained without legal process.

Bills of Attainder

A bill of attainder is a way that a legislature acts as a judge and jury, declaring that a person or group of people are guilty of a crime and stating the punishment.

Who is the president of the senate?

The Vice President of the United States.

What is impeachment? Where are articles of impeachment filed? Where does an impeachment trial take place?

Impeachment is the process of charging a public official with misconduct. Articles of impeachment are filed in the House of Representatives. The impeachment trial takes place in the Senate.

Who determines the procedure and timing for all elections in the United States?

States have the authority to set the procedures and timing

How often does Congress meet?

Congress meets annually

How are representatives paid?

Treasury of the US

Can members of Congress hold other offices while in Congress?

No

What is a bill?

A proposed law that must be passed by both houses of Congress and signed by the President to become law.

Where must all budget bills originate?

The House of Representatives

How does a bill become a law?

voted in both houses of Congress. If passed, it is sent to the President, who can sign it into law or veto it

What powers are specifically denied to the States?

States cannot enter into treaties, coin money, or levy tariffs

What is the commerce clause and what powers does it give congress?

gives Congress the power to regulate interstate and foreign commerce.
AOC didn't have this power

What is the necessary and proper clause and what powers does it give congress?

allows Congress to make laws required to execute its enumerated powers.
Ex: National Bank, not stated on Constitution but there should be one to regulate money

What is the electoral college and how does it work?

a body of electors chosen by each state who formally elect the President and Vice President. Each state's electors equal its total number of senators and representatives.

What are the qualifications to be president?

At least 35 years old, a natural-born citizen, and a resident of the U.S. for at least 14 years

What is the Oath of Office?

I do solemnly swear that I will support the Constitution of the United States

What powers are given to the president in this document?

veto bills and sign bills. represent our nation in talks with foreign countries. enforce the laws that Congress passes. act as Commander-in-Chief during a war.

What is the State of the Union?

An annual address by the President to Congress outlining the administration's agenda and national issues.

What actions can lead to a presidential impeachment?

"high crimes and misdemeanors," such as treason, bribery, or other serious offenses.

What branch of government establishes courts?

Legislative

What are the requirements to be a federal judge?

no specific qualifications listed in the Constitution, but judges are appointed by the President and confirmed by the Senate.

What cases does the supreme court have jurisdiction over?

over cases involving federal law, disputes between states, and cases involving ambassadors.

What is the definition of Treason according to the Constitution?

levying war against the United States or adhering to its enemies, giving them aid and comfort.

What is the full faith and credit clause?

requires states to recognize and honor the public acts, records, and judicial proceedings of other states.

What is the privileges and immunities clause?

ensures that citizens of each state are entitled to the same privileges and immunities as citizens of other states.

What is the extradition clause?

mandates that a person charged with a crime in one state and fleeing to another must be returned to the state where the crime was committed.

What is the fugitive slave clause and what amendment overturning it?

required that escaped slaves be returned to their owners. Overturned by 13th

How are new states added to the United States?

be admitted by Congress and must be equal in status to existing states.

What power does congress have over US Territories?

power to govern and administer U.S. territories.

What is Federalism?

the division of power between national and state governments

What promise does the Constitution make to all states?

guarantees each state a republican form of government and protection against invasion and domestic violence.

What is an amendment and how is one proposed and passed?

An amendment is a change to the Constitution. It can be proposed by a 2/3rds majority in both houses of Congress or by a constitutional convention called by 2/3rds of state legislatures. It must then be ratified by 3/4ths of the state legislatures or conventions.

What is the Bill of Rights?

The first ten amendments to the Constitution, which guarantee fundamental liberties and rights.

What five freedoms are covered in the first amendment?

religion, speech, press, assembly, and petition.

What is the establishment clause?

Establishment Clause: Prohibits the government from establishing an official religion.

What is the free exercise clause?

Free Exercise Clause: Protects individuals' rights to practice their religion freely.

What is the right to privacy and where is it found?

4th Amendment: protects the American people from unreasonable searches and seizures.

What are the rights of someone accused of a crime?

right to a fair trial, to be informed of charges, to remain silent, and to an attorney. (5th + 6th)

What does the 10th amendment say?

reserves powers not delegated to the federal government to the states or the people

Constitution

The fundamental laws and principles governing the United States.

Judicial

Relating to the branch of government that interprets laws.

Executive

Relating to the branch of government that enforces laws.

Pluralist Democracy

A democracy in which many groups compete for influence.

Participatory Democracy

A democracy emphasizing broad participation by citizens.

House of Representatives

The lower house of Congress, with representatives based on state population.

Impeachment

The process of charging a public official with misconduct.

Jurisdiction

The authority of a court to hear and decide cases.

Electoral College

The body that elects the President and Vice President.

Supreme Court

The highest federal court in the United States.

President

The head of the executive branch and commander-in-chief of the armed forces.

Enumerated Powers

Powers specifically listed in the Constitution.

Implied Powers

Powers not explicitly stated but implied by the necessary and proper clause.

Supremacy Clause

Federal laws are always supreme over State Laws. If state laws conflicts with federal laws, federal always wins

Commerce Clause

Grants Congress the power to regulate interstate and international commerce.

Vesting Clause

the executive power shall be vested in a President of the US. Executive = execute the laws

Privileges and Immunities

treat citizens of other states as you would treat citizens of your own state

Establishment Clause/ Free Exercise

Prohibits the government from establishing an official religion.

Due Process

How a trial is carried out (witnesses, speedy trial, no cruel punishment, lawyer, evidence, know what accused of)