NPIB US History A Flashcards Unit 1

What are the 5 goals of the Constitution (as stated in the Preamble)?

Form a more perfect Union, insure domestic Tranquility, provide for the common defense, promote general welfare, secure the blessings of liberty

All legislative powers are vested in…

The Congress of the United States

The Congress consists of how many houses? What is the term for a legislative structure with this number of houses?

2 houses, bicameral

How often are elections for the House of Representatives?

Every 2 years

What requirements must a representative in the House of Representatives meet?

25 years old, citizen for the past 7 years, must live in the state where they are being elected

What factor influences how many seats each state gets in the House of Representatives?

The state's population

Who can order an election for a representative if a member of the House is no longer able to serve their position?

The state's governor

How many Senators does each state provide?

Each state has 2 seats on the senate.

How often are Senate elections held?

Every 6 years

What are the requirements for a Senator?

30 years old, citizen for at least 9 years, must live in the state where they are being elected

Who is the President of the Senate? What is their responsibility?

The Vice President of the US is the President of the Senate. They do not vote unless there is a tie; in that case, they serve as a tiebreaker vote.

What does Article 1 concern?

The Legislative Branch

Who is the president pro tempore?

The president of the Senate in the absence of the Vice President

What is impeachment? Who can impeach an government official?

Congress can impeach a government official. The House of Representatives determines if an officer is eligible for impeachment, and the Senate approves all impeachments.

Who presides over a president's impeachment hearing?

If the President is being impeached, the Chief Justice presides over the Senate for the hearing.

How can a bill become law?

Both the House and the Senate must approve it; then, the President must choose to approve it. If one of the three parties involved does not approve the bill, it cannot become law.

All tax laws must originate in the…

House of Representatives

What is the Necessary & Proper Clause? Define and list one other name for this clause

The Necessary and Proper clause, also known as the Elastic Clause, is a clause which allows Congress to make any legislative changes necessary to make a bill or action possible and legal.

What is habeas corpus?

A law allowing judges to issue writs which require that a law official bring a prisoner to court for trial.

What does Article 2 concern?

The Executive Branch

How many Electors does each state get?

Each state gets a number of electoral college seats equal to the number of representatives + the number of senators (2 + the number of representatives).

A President must be:

35 years old, natural born citizen of the US, resident for 14 consecutive years

What are the President's responsibilities/duties?

Commander of the Army and Navy, Chair of the Cabinet, responsible for conduct with foreign nations (incl. hosting diplomats), giving state of the union address

How can a President be removed?

Impeachment for Treason, Bribery, or other high Crimes and Misdemeanors

Judicial power is vested in:

Supreme Court and any lesser courts created by Congress

What is original jurisdiction? Appellate?

Original jurisdiction is the ability to hear a case before other courts, while appellate jurisdiction is the ability to hear a case as part of an appeal to a higher court.

What is Article 4?

Relations between states

Do states have to respect the legal proceedings and records from other states?

Yes, they have to comply with records and procedures in other states

What percentage of both Houses, or applications from state legislatures, are required?

66% (2/3)

What percentage of state legislatures or conventions must ratify an amendment?

75% (3/4)

What is the law of the land?

The Constitution, any and all treaties made by the US, and any laws made with the intention of pursuing Constitutional supremacy and values

1st amendment - what does it guarantee?

Freedom of speech, press, assembly, petition, and religion

2nd amendment - what does it guarantee?

Right to bear arms

3rd amendment - what does it guarantee? What is the caveat?

Soldiers cannot be quartered in the homes of civilians - however, this can be changed in times of war (martial law)

4th amendment - what does it protect? What does it stipulate?

Individuals and their properties are protected against unreasonable search and seizure. In order to search a person's property, a specific and detailed warrant is required, and only the items on the warrant can be searched.

5th Amendment

Rights of accused: no self incrimination, no double trial, no unreasonable devrivation of life, liberty, and property

6th Amendment

Right to a speedy and fair trial by a jury from the district. Informed of charges.

7th Amendment

In civil suits greater than $20 ($500), you get a jury.

8th Amendment

No excessive bail, fines, or cruel and unusual punishment

9th Amendment

Other rights of the people

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

13th Amendment

No slavery or involuntary servitude.

14th Amendment

(1) All persons born in the U.S. are citizens; (2) no person can be deprived of life, liberty or property without DUE PROCESS OF LAW; (3) no state can deprive a person of EQUAL PROTECTION of the laws.

15th Amendment

Right to Vote: not denied by Race, Color, Servitude

19th Amendment

Right to vote for women

22nd Amendment

P: No more than 2 elected terms, can't be elected more than once if P for more than 2 years.

25th Amendment

Vp is P if P is gone, VP is nominated by P & approved by C if empty, VP get P powers if P proven unable to fulfil duties - Pres. Pro Tempore