Untitled Flashcards Set

1. List the qualifications required to become a member of the House of Representatives and the Senate.

   • House of Representatives: Must be at least 25 years old, a U.S. citizen for at least 7 years, and an inhabitant of the state they represent.

   • Senate: Must be at least 30 years old, a U.S. citizen for at least 9 years, and an inhabitant of the state they represent.

2. What is the procedure for filling vacancies in the House of Representatives & Senate?

   • House of Representatives: The governor of the state calls for a special election.

   • Senate: The governor of the state may appoint a temporary replacement until a special election is held (if allowed by state law).

3. Locate the powers granted to Congress in Section 8 of Article I. Determine the three most important—be prepared to defend them.

   • The powers granted include taxation, regulating commerce, coining money, declaring war, and establishing post offices. Three important ones could be:

     1. Regulating commerce (keeps economy stable)

     2. Declaring war (protects national security)

     3. Raising and supporting armies (ensures defense capability)

4. How often is the number of congressional districts per state determined?

   • Every 10 years during the U.S. Census.

5. Identify three specific limitations placed on Congress in Section 9 of Article I.

   • Cannot suspend habeas corpus except in cases of rebellion or invasion.

   • No ex post facto laws or bills of attainder.

   • No taxes on exports from any state.

6. What is the role of the Vice President in the Senate?

   • The Vice President serves as the President of the Senate and votes only to break ties.

7. Who shall have sole power of impeachment? And the sole power to try all impeachments? What’s the difference?

   • House of Representatives has the sole power to impeach (bring charges).

   • Senate has the sole power to try impeachments (hold trials and convict or acquit).

8. Is it possible for a chamber to expel a member? How so?

   • Yes, each chamber (House and Senate) can expel a member with a two-thirds vote.

9. Analyze how the process of a bill becoming a law (Article I, Section 7) embodies the principle of checks and balances. Why is it important that the President has a role in the legislative process?

   • The process ensures checks and balances by allowing:

     • Congress to draft and pass laws.

     • President to veto or approve them.

     • Congress to override a veto with a two-thirds vote.

   • The President’s role prevents unilateral power in Congress and ensures executive oversight.

10. Discuss how the Necessary and Proper Clause (Elastic Clause) in Article I, Section 8, Clause 18, can be used to expand federal power.

• The Elastic Clause allows Congress to pass laws necessary to carry out its powers.

• This has been used to justify federal actions beyond explicitly stated powers, such as creating a national bank or regulating the internet.

Article II – The Executive Branch:

11. What are the qualifications required to become President of the United States? Do you think they are reasonable? Are they necessary?

• Must be 35 years old, a natural-born citizen, and have lived in the U.S. for at least 14 years.

• Reasonable? Yes, as they ensure maturity, loyalty, and experience.

• Necessary? Some argue citizenship requirements could be updated for inclusivity.

12. According to Article II, Section 2, what are the powers of the President as Commander in Chief?

• Leads the armed forces.

• Can deploy troops (but only Congress can declare war).

• Grants pardons and reprieves.

13. What is the President required to do “from time to time”?

• Deliver the State of the Union Address to Congress.

14. How are the number of Electors determined for each state? When the votes are counted, what if nobody has a majority?

• Electors = Senators (2) + Representatives for each state.

• If no majority in the Electoral College, the House of Representatives elects the President.

15. How does the impeachment process outlined in Article II reflect the balance of power between the executive and legislative branches? Why is this process critical to the principle of checks and balances?

• Ensures the legislative branch can remove a President for misconduct.

• Prevents abuse of power by making removal difficult but possible.

Article III – The Judicial Branch:

16. How does the Constitution define the structure of the federal judiciary in Article III, Section 1?

• Establishes the Supreme Court and allows Congress to create lower courts.

• Judges serve for life unless impeached.

17. What is the jurisdiction of the Supreme Court as outlined in Article III, Section 2?

• Handles cases involving:

  • The Constitution

  • Federal laws

  • Disputes between states

  • Ambassadors and treaties

18. Although judicial review is not explicitly mentioned in the Constitution, it has become a cornerstone of the judicial branch. How does the Constitution implicitly grant this power, and why is it essential to the functioning of the judiciary?

• Judicial review was established in Marbury v. Madison (1803).

• The Constitution gives courts authority to interpret laws, allowing them to strike down unconstitutional acts.

• Essential for maintaining checks and balances by limiting Congress and the President.
  
  
  
  What does the Full Faith and Credit Clause in Article IV, Section 1, require of each state?

• It requires each state to recognize and respect the public acts, records, and judicial proceedings of every other state. This means that contracts, court decisions, and legal judgments made in one state are generally valid in others.

20. What guarantees does Article IV, Section 4, make to every state in the Union?

• The U.S. government guarantees each state:

  1. A republican form of government.

  2. Protection against invasion.

  3. Protection against domestic violence, upon request.

21. Explain how the Full Faith and Credit Clause (Article IV) and the Tenth Amendment together define the relationship between state and federal governments.

• The Full Faith and Credit Clause ensures states honor each other’s laws, maintaining unity.

• The Tenth Amendment reserves all powers not granted to the federal government to the states, reinforcing state sovereignty.

• Together, they balance state independence with national cohesion.

Article V – The Amendment Process:

22. What are the two methods by which amendments can be proposed according to Article V?

• Method 1: Congress proposes an amendment with a two-thirds vote in both the House and Senate.

• Method 2: Two-thirds of state legislatures request a constitutional convention to propose amendments.

23. Evaluate the amendment process as outlined in Article V. Why did the framers make it so challenging to amend the Constitution? How has this process contributed to the stability of the U.S. government?

• The framers made the process difficult to prevent impulsive changes.

• It ensures amendments reflect broad national consensus rather than temporary political trends.

• This stability has allowed the Constitution to endure for centuries while still adapting when necessary.

Article VI – National Supremacy:

24. What does the Supremacy Clause in Article VI declare about the Constitution and federal laws?

• The Supremacy Clause states that the Constitution, federal laws, and treaties are the supreme law of the land.

• State laws cannot contradict federal laws, and state courts must uphold federal law.

25. What must all public officials, both state and federal, do according to Article VI?

• They must take an oath to support the U.S. Constitution.

• However, no religious test can be required for holding office.

Article VII – Ratification:

26. How many states were required to ratify the Constitution for it to become effective?

• Nine out of thirteen states were required for ratification.

Amendments – Bill of Rights:

27. List the five freedoms protected by the First Amendment.

• Freedom of speech

• Freedom of religion

• Freedom of the press

• Right to assemble

• Right to petition the government

28. What right does the Second Amendment protect, and why has this been a topic of debate in modern times?

• It protects the right to keep and bear arms.

• Debate centers around gun control, individual vs. militia rights, and public safety concerns.

29. What protection does the Fourth Amendment provide to individuals? How does it relate to the concept of privacy?

• It protects against unreasonable searches and seizures.

• Law enforcement needs probable cause or a warrant to search personal property.

• It is central to privacy rights in the digital age, influencing debates on government surveillance.

30. What does the Fifth Amendment say about double jeopardy and self-incrimination?

• Double jeopardy: A person cannot be tried twice for the same crime.

• Self-incrimination: A person cannot be forced to testify against themselves (“pleading the Fifth”).

31. How do the First and Fourth Amendments reflect the tension between civil liberties and national security?

• The First Amendment protects free speech, even when it’s controversial, but national security concerns (e.g., terrorism) sometimes lead to restrictions.

• The Fourth Amendment protects privacy, but laws like the Patriot Act expanded government surveillance.

• This creates an ongoing debate about individual freedoms vs. public safety.

Amendments – Later Amendments:

32. What rights does the Fourteenth Amendment guarantee, particularly in Section 1?

• Citizenship rights: Anyone born or naturalized in the U.S. is a citizen.

• Equal protection: No state can deny equal protection of the laws.

• Due process: States cannot take life, liberty, or property without due process.

33. What does the Fifteenth Amendment prohibit, and how did it extend voting rights?

• It prohibits denying the right to vote based on race, color, or previous servitude.

• It extended voting rights to Black men after the Civil War.

34. What change did the Nineteenth Amendment make to the Constitution?

• It granted women the right to vote in 1920.

35. What is the significance of the Twenty-Second Amendment?

• It limits the President to two terms (or a maximum of 10 years if they assume office mid-term).

36. Trace the evolution of voting rights through the Fifteenth, Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments. What do these changes reflect about the progression of American democracy?

• Fifteenth Amendment (1870): Gave Black men the right to vote.

• Nineteenth Amendment (1920): Gave women the right to vote.

• Twenty-Fourth Amendment (1964): Abolished the poll tax, removing financial barriers to voting.

• Twenty-Sixth Amendment (1971): Lowered the voting age to 18.

• Reflection: These amendments show an expansion of inclusivity and equality in American democracy over time.