AP Gov

How many articles are there in the Constitution?

How many articles are there in the Constitution?

7

What were the general aspects of the Article I?

Explained the legislative branch

How many people are in the house of representatives?

Max 435, but decided by state (no more than 1 rep per every 30,000 reps)

How many people are in the Senate?

2 Senators per state, each has one vote (100)

Who is the President of the Senate?

Vice President of the US

What are some abilities of Congress?

Borrow money on the credit of the US, support the military, create laws

How is a law passed?

Bill is introduced in either the House or the Senate, then sent to the other, then to the President. If the President vetoes the bill, they will send their comments back to the house the bill originated from, who will reconsider and vote (2/3 must agree), before sending it to the other house, where 2/3 must agree, and then it becomes law.

What is Article II about?

Executive Branch (President)

How is the President elected (electoral college)?

Every state appoints a number of electors equal to the number of reps and senators they have (but no elector can be a rep or senator). The Electors vote, and the Pres. of the Senate opens the votes in front of Congress.

What is the one thing that the US President can not pardon people from?

Impeachment cases

What offences can get the Pres, VP, or any other civil officer removed from office?

Treason, bribery, or other High Crimes and Misdemeanors

What is Article III about?

Judicial Branch

What is original jurisdiction?

the power to hear a case for the first time (be the first court to hear the case)

In what situations does the Supreme Court have original jurisdiction?

Cases involving Ambassadors, other Public Ministers and Consuls, and those in which a State is a party

Where are Trials held?

in the state where the crime was committed

What is considered treason?

Levying war against the U.S or adhering to their enemies, giving them aid and comfort

What needs to happen for a person to be charged with treason?

Two witnesses need to have testimonies saying that they committed the exact same crime, or the person needs to confess in open court

Who has the power to decide what the Punishment is for Treason?

Congress

What is Article IV about?

Relations between states

Summarize the aspects of Article IV.

All states must trust other states, and respect their court decisions. Congress can create laws about how States must act. All US Citizens have the same rights and privileges regardless of what state they come from.

In what circumstances may a new State be created?

With approval from Congress. May not form new States within other States, or be the result of 2+ or more States merging without the consent of both states AND congress.

What is Article V about?

how the Constitution can be amended

How are Amendments to the Constitution created?

Congress may propose amendments provided 2/3 of both houses agree, or may call a special session / convention if 2/3 of all States want to. Amendments are made official when 3/4 of officials agree.

What is Article VI about?

Supremacy Clause

Will debts created prior to the creation of the Constitution still be valid following the creation?

Yes

Are people allowed to require a religious test in order to enter into public office (VP, Pres, judges, Congress members, etc.)?

No

What is Article VII?

Ratification of the Constitution

How many states were required to ratify the Constitution?

Nine

Briefly describe the first amendment

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

Briefly describe the second amendment

Right to bear arms

Briefly describe the third amendment

Quartering of Soldiers (no soldier can be housed somewhere without the consent of the person who owns the house)

Briefly describe the fourth amendment

Search and Seizure (people can not have their stuff searched / taken without there being probable cause and a clear description of what will be searched / seized and where)

Briefly describe the fifth amendment

Grand Jury, Double Jeopardy, Self Incrimination, Due Process, Takings (nobody will receive the death sentence without a full trial by grand jury, nobody will be punished for the same crime twice in their lifetime, nobody will be forced to incriminate themselves, and nobody's property will be taken from them for public use without compensation)

Briefly describe the sixth amendment

Right to Speedy Trial by Jury, Witnesses, Counsel (everybody accused of committing a crime has the right to a trial being held in a reasonable amount of time. They have the right to a lawyer, unbiased jury, and explanation of what they are being accused of).

Briefly describe the seventh amendment

Jury Trial in Civil Lawsuits (disagreements between individual people or businesses have the right to be settled by a jury in a federal court, and can not be retried once settled)

Briefly describe the eighth amendment

Excessive Fines, Cruel and Unusual Punishment

Briefly describe the ninth amendment

Non-Enumerated Rights Retained by People (the rights listed in the Constitution will not be used to deny other rights of people)

Briefly describe the tenth amendment

Rights Reserved to States or People (the Federal gov't only has the rights listed in the Constitution, and any other rights go to state govt's or the people)

Briefly describe the eleventh amendment

Suits Against States (no case between a state and an individual of another country may be tried in a Federal Court)

Briefly describe the twelfth amendment

Election of President and Vice President (Electors have to cast a separate vote for President and Vice President, as opposed to two votes for President)

Briefly describe the thirteenth amendment

Abolition of Slavery (Slavery of involuntary servitude is not allowed with the exception of as punishment after being convicted of a crime, and Congress may use legislation to enforce that)

Briefly describe the fourteenth amendment

Citizenship Rights, Equal Protection, Apportionment, Civil War Debt (no state can deprive a citizen of their rights without fair legal procedures occurring, nobody can hold any US office if they have rebelled against the US, the public debt of the US may not be questioned, neither the US nor any individual state can pay off any debt caused by an act of rebellion against the US or the freeing of a slave and any debt from that will be considered illegal + void)

Briefly describe the fifteenth amendment

Right to Vote Not Denied by Race

Briefly describe the sixteenth amendment

Income Tax (Congress can collect taxes from people without considering the census of a State)

Briefly describe the seventeenth amendment

Popular Election of Senators (Every state has two senators with one vote each, and their terms are 6 years. The Executive Power of each state may fill vacancies in the Senate if needed. This amendment may not impact any person or election from before it was ratified).

Briefly describe the eighteenth amendment

Prohibition of Liquor (making, selling, or moving alcohol within the US was not allowed. Later declared no longer valid).

Briefly describe the nineteenth amendment

Women's Right to Vote

Briefly describe the twentieth amendment

Presidential Term and Succession, Assembly of Congress (Pres and VP terms end Jan 20 @ noon, Congress terms will end Jan 3 @ noon, Congress has to meet at least once per year, if President Elect dies before their term, the VP Elect will take over. If president elect becomes deemed unqualified before their term, VP Elect will take over until a new President can be decided. If there is ever no Pres or VP available, Congress may appoint a person until a new VP or Pres qualifies)

Briefly describe the twenty first amendment

Repeal of Prohibition (18th amendment rescinded. Alcohol is fine)

Briefly describe the twenty second amendment

Two-Term Limit on Presidency

Briefly describe the twenty third amendment

Presidential Vote for DC (DC gets electors for the Presidential electors. They get the amount they would have if they were a state, however no more than the state with the least number of electors).

Briefly describe the twenty fourth amendment

Abolition of Poll Taxes (US Citizens may vote for Pres, VP, Electors, Senators, or Reps regardless of if they have paid their taxes)

Briefly describe the twenty fifth amendment

Presidential Disability and Succession (if a president is removed from office or dies, VP will take over. If there is ever not a VP, president will nominate someone who will become VP following a congressional vote. If the President is ever temporarily unable to complete his duties, he may tell the President pro tempore of the Senate as well as the Speaker of the House of Representatives, which allows the VP to temporarily take over)

Briefly describe the twenty sixth amendment

Right to vote at age 18 (lowered from 21)

Briefly describe the twenty seventh amendment

Congressional Compensation (the amount of money paid to members of congress may not be changed until the next group of Representatives has been elected)

How many total amendments to the US constitution are there?

27

What are the first 10 amendments called?

Bill of Rights

What were the Reconstruction Amendments?

13th, 14th, 15th- passed after the Civil War to give African Americans equal rights and abolish slavery

How do you cite parts of the Constitution?

(art. #, sect #, cl. #) Article number is in Roman numerals, the other two are not. Clause = line.

What are the six purposes of the Constitution according to the Preamble?

Provide for common defense, form a more perfect union, establish justice, ensure domestic tranquility, promote general welfare, "secure the blessings of liberty" (maintain freedom and justice for future generations)

How often are elections held for the House of Representatives?

Every 2 years

What are the requirements for holding a seat in the House of Reps.?

Must be at least 25, must have been a US citizen for min 7 years, must live in the state they represent

What is apportionment?

The determining of the size of the House based on the population of the state at the time of the Census.

What powers of Congress are unique to the House of Representatives?

bring impeachment charges, propose bills to raise revenue, elect the President if none of the candidates win a majority of votes from the Electoral College

How were Senators originally chosen vs chosen today, and which amendment changed that?

Originally chosen by the legislators of each state, now chosen by the people of each state (17th amendment)

How long is a Senator's term?

6 years

What powers of Congress are unique to the Senate?

conduct trials for Impeachment, approve treaties the President wants to make, and come up with or agree with bills that originate in the House

How many people in the Senate need to agree for someone to be impeached?

2/3

Where do bills raising revenue originate?

House of Representatives

List 10 powers given to Congress

Tax, borrow, control foreign/interstate commerce, naturalization, currency, counterfeiting, post office, copyright and patent, declaration of war, Army and Navy

List 4 powers that are denied to Congress

Granting titles of nobility, passing an ex post facto law (ex post facto law = one that retroactively criminalizes something), set taxes on something being imported from a state, to draw money from the treasury when not dictated by law

What are two things that the President has to get "Advice and Consent" from the Senate to do?

Make treaties, appoint Supreme Court Justices

How long do federal judges serve for?

Until they die, retire, or if they are convicted of a crime by the Senate

List five types of cases that Federal Courts may try.

Cases in which the US is a party, cases between 2+ states, cases between a state and a citizen of a different state, cases between citizens of different states, cases involving Ambassadors or other public ministers

What bodies have the power to override a presidential veto?

The House of Representatives and the Senate

What margin of the Senate is required to elevate a president's nominee to a seat on the Supreme Court?

Over half

What is considered a supermajority?

2/3

What is considered a simple majority?

Over half

If no Presidential candidate receives a majority of votes from the electoral college, what body is able to select a President from the candidates?

The House of Representatives

define full faith and credit clause

judicial acts and rights secured in one state are honored in all states

Which clause in the Constitution ensures that judicial decrees and contracts made in one state will be binding and enforceable in another?

Full Faith and Credit Clause

Define commerce clause

The Commerce Clause is a clause in Article I, Section 8 of the Constitution that gives Congress the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

Which clause in the Constitution gives Congress the power to regulate commerce with other countries and between states?

Commerce Clause

Define supremacy clause

A clause stating that the Constitution and other laws and other laws and treaties made by the national government are "the supreme law of the land".

Which clause establishes that the Constitution and federal laws are more powerful than state laws or decisions ("the supreme law of the land")

Supremacy Clause

Define Necessary and Proper Clause (elastic clause)

Gives Congress the power to pass laws that they deem necessary even if they aren't mentioned in the Constitution

Which clause gives Congress the power to pass laws that aren't mentioned in the Constitution but they think are necessary?

Necessary and Proper Clause

What is another name for the Necessary and Proper Clause?

Elastic Clause

Define general welfare clause

Gives Congress the power to collect taxes and do other things needed for the general welfare of the US

Which clause gives Congress the power to collect taxes / do other things for the general welfare of the US?

General Welfare Clause

Define establishment clause

government cannot establish a religion

Which clause prohibits the government from establishing a national religion?

establishment clause

Define free exercise clause

prohibits the government from interfering with the free exercise of religion

Which clause prohibits the government from interfering with the free exercise of religion?

Free-exercise Clause

Define Due Process Clause of the 5th and 14th amendments

No American will be deprived of their right to life, liberty, or property without fair legal proceedings proving it is necessary

Which clause says that no American will be deprived of their rights without fair legal proceedings?

Due Process Clause

Define equal protection clause

Forbids any state to deny equal protection of the laws to any individual within its jurisdiction.

Which clause prohibits any state from denying people within it of their rights to equal protection?

Equal Protection Clause

What constitutional issue was McCulloch v. Maryland?

Necessary and Proper Clause

What was the decision on McCulloch v. Maryland?

The Second Bank was declared constitution.