Political Science Final- Clayton

Article 1

The Legislative Branch

Article 2

The Executive Branch, Presidential Power

Article 3

The Judicial Branch

Article 4

The States

Article 5

Amendment Process

Article 6

Legal Status of the Constitution: Debts, Supremacy, Oaths

Bill of Rights

First 10 amendments to the Constitution

1st Amendment

Freedom of religion, speech, press, and assembly.

2nd Amendment

Right to bear arms

3rd Amendment

Quartering of soldiers.

4th Amendment

Searches and seizures

5th Amendment

Right of due process of law, freedom from self-incrimination, double jeopardy.

6th Amendment

Rights of accused persons- right to a speedy and public trial.

7th Amendment

Right of trial by jury in civil cases.

8th Amendment

Freedom from excessive bail, cruel and unusual punishments.

9th Amendment

Non-enumerated Rights, Other rights of the people.

10th Amendment

Powers reserved to the states.

13th Amendment

Slavery Outlawed

14th Amendment

Privileges and Immunities, Due Process, Equal Protection, Select Incorporation, Appointment of Representatives

15th Amendment

Voting Rights, Rights Not to be denied on account of Race

16th Amendment

Income Tax

17th Amendment

Election of Senators

Powers of Congress- Where are they located?

Article 1, Section 8

4 Powers of Congress?

1. to borrow money

2. to establish post offices and post roads

3. to provide and maintain a navy

4. Necessary and Proper Clause

Necessary and Proper Clause

(Article 1, Section 8,Clause 18)

To make all laws that are necessary and proper for carrying out any of the above listed powers and other powers given to the government by the Constitution.

House of Representatives term limits?

2 year terms

Senate term limits?

6 year terms

Necessary and Proper Clause- McCulloch v. Maryland

-Expansion of the clause given by Justice Marshall.

-Congressed possessed unenumerated powers not explicitly outlined in the Constitution.

-"Constitution and the laws made in pursuance thereof are supreme.. they control the Constitution and laws of the respective states, and cannot by controlled by them."

Powers denied to Congress- Where are they found?

Article 1, Section 9

Powers denied to the States- Where are they found?

Article 1, Section 10

Power denied to the states?

States may not impose duties on imports and exports without the consent of Congress, only when it is absolutely necessary for executing its inspection laws, all duties and imposts laid will go to the US Treasury. (Art 1 Sec 10)

Powers of the President- Where can they be found?

Article 2, Section 2

Powers of the President

Clause 1: Commander and Chief of the Army, Navy and Militia.

Clause 2: The president has the power to negotiate treaties with foreign governments, although a two-thirds vote of the Senate is required for ratification. He also has the power to nominate all appointed officials of the government, including both officers of the executive branch and judges of the judicial branch, although he needs to receive the "advice and consent" of the Senate in doing so.

Clause 3: The president can make "recess appointments"—appointing individuals to government positions without Senate approval—any time the Senate is out of session. Recess appointments are only temporary, however; they cannot last longer than the next session of Congress.

Duties of the President- Where are they found?

Article 2, Section 3

Judicial Power- Where are they found?

Article 3, Section 1

Judicial Power Jurisdiction- Where are they found?

Article 3 Section 2

Original Jurisdiction

Cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme Court shall have _________.

Appellate Jurisdiction

In all other cases before mentioned, the supreme court shall have ________ , both as to Law and Fact, with such exceptions, and under such Regulations as the Congress shall make.

Interstate Relations- Where are they found?

Article 4

Interstate Relations Clauses

"Full Faith and Credit"

"Privileges and Immunities"

Full Faith and Credit Clause

_________ shall be given in each state to the public acts, records and judicial proceedings of every other state, Congress may prescribe the manner in which they shall be proved and the Effect thereof.

(Article 4, Section 1)

Privileges and Immunities

The citizens of each state shall be entitled to _________ of citizens in the several states.

Delivered to state in which crime was committed.

If a slave flees, should be returned back to owner.

(Article 4, Section 2)

Amendment Process- Where is it found?

(Article 5)

Amendment Process

(Article 5)

-consent 2/3 of the House

-consent 2/3 of the Senate

-3/4 state legislature

-initiated by states or congress

Supremacy Clause- Where is it?

(Article 6)

Supremacy Clause

-US accepts responsibility for all debts contracted before the constitution

-Constitution and laws of the US = supreme law of the land --> judges are bound by laws

-bound by oath to support the constitution --> no religious requirements

-comes in conflict with the 10th amendment

10th Amendment

Powers delegated to the US by the Constitution not prohibited by it too the states, are reserved to the states or the people.

1st Amendment

No law respecting an establishment of religion or prohibiting the exercise of- freedom of speech, press, assembly and petition.

Free Exercise Clause

exercise religion freely (Amendment 1)

Establishment Clause

cannot establish a religion

12th Amendment

Distinct Ballots--> Electoral College

cannot be from same state

If tie:

House: President

Senate: VP

14th Amendment- Selective Incorporation

________ is a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights.

14th Amendment- Due Process/Equal Protection Clause

No state shall make or enforce laws which shall abridge the privileges or immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal proaction of the laws.

Votes in Electoral College

583

Majority votes?

270

What case established Judicial Review?

Marbury v. Madison