AP Gov US Constitution
CONSTITUTION
Article 1 - Legislative Branch: Establishes the structure, powers, and responsibilities of the legislative branch of the government, consisting of two chambers: the House of Representatives and the Senate. The Article details the qualifications necessary for membership in each chamber, the processes for creating laws, and the specific powers granted to Congress, including taxation and regulation of commerce. Also checks and balances.
Article 2 - Executive Branch: Defines the role and powers of the executive branch, headed by the President of the United States. This Article outlines the qualifications for the presidency, the process of election, and the President's responsibilities, including enforcing laws, conducting foreign policy, and serving as the Commander in Chief of the armed forces.
Article 3 - Judicial Branch: Establishes the framework for the federal judiciary, including the Supreme Court and lower courts. This Article defines the powers and responsibilities of the judicial branch, clarifying the role of the courts in interpreting laws, resolving disputes, and ensuring justice. It also outlines the criteria for federal judges and the cases that fall under federal jurisdiction.
Article 4 - States' Relations: Addresses the relationship between states and the federal government, including the Full Faith and Credit Clause, which requires states to recognize the public acts, records, and judicial proceedings of other states. This Article also establishes the process for admitting new states and guarantees each state a republican form of government.
Article 5 - Amendments: Outlines the process for amending the Constitution, ensuring that it can adapt to the changing needs of society. This Article requires a two-thirds majority in both houses of Congress or a convention called by two-thirds of state legislatures to propose amendments, followed by ratification from three-fourths of the states.
Article 6 - Supremacy Clause: Establishes that the Constitution, federal laws, and treaties take precedence over state laws, asserting the federal government's authority. This Article also stipulates that all judges are bound by the Constitution regardless of state laws, and it requires an oath of office for all government officials to support the Constitution.
Article 7 - Ratification: Details the process for the Constitution's ratification, requiring nine states to approve the document for it to become effective. This Article underscores the importance of widespread consensus among the states to ensure legitimacy and acceptance of the governing framework established by the Constitution.
QUESTIONS ABOUT CONSTITUTION
Compare Article I with Article II. Which article is longer and more detailed?
Article 1 because it focuses on Congress and everything they can do while Article 2 focuses only on the executive branch, which has less power.
Identify two powers denied from Congress in the Constitution.
Congress cannot control the military or negotiate treaties.
Identify two powers the Constitution prohibits from the States.
States cannot tax imports/exports and, obviously, cannot make laws that go against the federal law/constitution.
What eligibility requirements does the Constitution establish for members of the House?
House members must be 25, be a citizen for at least 7 years, and must live in the state they represent.
What eligibility requirements does the Constitution establish for members of the Senate?
Senate members must be 30 years old, be a citizen for at least 9 years, and must live in the state they represent.
What eligibility requirements does the Constitution establish for the President?
To be a president, you must be 35 years old, be a resident for 14 years, and you must be a natural born citizen.
The powers of the Constitution that are specifically granted to the branches of government or to office holders are called express powers.
a. Identify two express powers of the president.
The President can make treaties and appoint people to the senate.
b. What are the express powers of the vice president?
The VP can be the deciding vote in the senate, is in control of the senate, and takes over the president’s role if necessary.
c. Identify two expressed powers of Congress.
Congress has the power to borrow money on US credit and has the power to declare war.
According to the principle of checks and balances, each branch of the government must have control over the other branches. Look at the first three articles of the Constitution and identify one of each type of checks and balances.
A power that the executive branch has over the legislative branch:
Veto power
A power that the executive branch holds over the judicial branch.
Presidents appoint Supreme Court and federal judges
A power that the legislative branch holds over the executive branch.
The legislative branch can impeach anyone.
A power that the legislative branch holds over the judicial branch.
Legislative Branch can remove/impeach judges
A power that the judicial branch holds over the executive branch.
Judicial Branch can declare executive actions unconstitutional
A power that the judicial branch holds over the legislative branch.
The judicial branch can declare legislative acts unconstitutional
The court of original jurisdiction is the first court that hears a case. Appellate courts hear cases on appeal from lower courts. Although the Supreme Court functions primarily as an appellate court, it is the courts of original jurisdiction in certain kinds of cases. What are those?
Either cases with ambassadors/public ministers or when a state is a party.
According to Article I of the Constitution, who has the power to declare war?
Congress
What power does the Constitution give the President in the area of war?
Commander-in-Chief of the Army and Navy
IMPORTANT CLAUSES
Identify and explain the “Commerce Clause”.
The Commerce Clause says that Congress can regulate interstate commerce. It’s Article 1, Section 8.
Identify and explain the “Necessary and Proper Clause”.
The Necessary and Proper Clause says that Congress can make laws that are necessary and proper to uphold the Constitution. It’s Article 1, Section 8.
Identify and explain the “Supremacy Clause”.
The Supremacy Clause basically just says the Constitution is law and every law made will follow it. It’s Article 6.
How might these clauses above have impacted the power of the federal government?
These clauses give the federal government more power over the states.
Identify and explain the habeas corpus clause.
The habeas corpus clause is the clause that says the habeas corpus cannot be suspended unless in instances where there is a rebellion or an invasion of public safety.
What is an ex post facto law?
The ex post facto law is when a crime is considered illegal only after it was committed.
Identify and explain the full faith and credit clause.
The full faith and credit clause basically says that all states have to respect all legal documents from another state.
There are two “due process” clauses. Where are they? What does “due process” of law imply?
The two “due process” clauses are in the 5th and 14th amendments and “due process” of law implies that everyone has the right to life, liberty, and property when accused of a crime.
Where is the “equal protection clause”? What does this imply?
The “equal protection clause” is in the 14th amendment and it implies that everyone has the same rights/equal protection from the law.
Find the “takings clause” of the 5th Amendment. What does this mean?
The “takings clause” says that any private land/property cannot be used for public usage without payment/compensation.
Identify and describe the “take care clause”.
The “take care clause” says that the president “shall take care that the laws be faithfully executed”. It’s Article 2, Section 3.
MAJORITY AND SUPERMAJORITY
The Constitution requires a simple majority for some actions and a supermajority for others. A simple majority means more than half, while supermajority requirements can involve a 2/3 majority or a 3/4 majority. Most elections in the United States require a plurality, or the most votes, but not necessarily a majority.
What bodies have the power to override a presidential veto?
The House of Representatives and the Senate
What margin is required to override a presidential veto?
2/3 margin is required.
What body has the power to ratify treaties?
The Senate
What margin is required to ratify treaties?
2/3 margin.
To impeach means “to bring charges against” or “to indict”.
What body has the power to impeach the president?
The Senate
What vote is required to impeach?
A simple majority (more than half)
What is the standard for impeachment?
Either treason, bribery, high crimes, or misdemeanors.
What body has the power to convict the president of charges brought against him in the impeachment process and thereby remove him from the presidency?
The Senate
What vote is required to convict and remove a president?
a 2/3 majority vote
What body has the power to accept or reject a president’s nominations to the Supreme Court?
The Senate
What margins are required to elevate a president’s nominee to a seat on the Court?
2/3 margin
What language is used to describe the role of the Senate in Supreme Court nominations?
“advise and consent”
If no candidate for the presidency wins a simple majority of the total number of electoral votes, what body has the power to choose the president?
The House of Representatives
What margin is required to choose the president?
A simple majority
Where in the Constitution is the Electoral College described? (Hint: there are two parts)
Article 2, Section 1 and the 12th Amendment
The Constitution specifies a three-fourths majority for just one process. What?
For the Amendment process
The Constitution has comparatively little to say about the structure and composition of the Supreme Court. Identify two aspects of the Court’s structure and composition that the Constitution does not specify. (The Constitution does specify these two basic aspects of structure and composition for the other two branches).
The Constitution does not specify 1) the amount of justices and the length of their terms and 2) the chief justice selection and the impeachment process.
List all parts of the Constitution that require a supermajority. (2/3 or 3/4s vote)
The parts of the Constitution that require a supermajority are impeachment, removal of a house member, overriding presidential veto, ratifying treaties, the passage of amendments, and a call for a constitutional convention.
What are two ways that amendments to the Constitution can be proposed?
With either a 2/3 majority vote or a constitutional convention with 2/3 of state legislatures.
What are two ways that amendments to the Constitution can be ratified?
By either a 3/4 of the state legislatures or by constitutional conventions held by 3/4 of the states.
AMENDMENTS
1) Ensures the freedom of speech, religion, press, and assembly
2) The right to bear arms
3) Citizens aren’t forced to house troops in wartime; they would need the house owner’s consent.
4) no unreasonable search and seizures; search warrant required
5) The right to due process, remain silent, and you cannot be tried for the same crime twice (double jeopardy)
6) The right to fair and speedy trial with witnesses and to know why you are being tried
7) right to a jury trial
8) no cruel or unusual punishment, excessive fines, and bail
9) rights that are not specifically said in the constitution belong to the people
10) powers that are not delegated by the constitution to the federal government belong to the states
11) states cannot be sued by citizens of another state
12) president and vice president are elected together
13) banning of slavery and involuntary servitude
14) birthright citizenship, equal protection of the law, and the right to due process
15) you cannot deny anyone the right to vote based on race, color, or previous condition of servitude
16) allows federal government to put income tax on citizens
17) direct election of senators
18) bans the sale, manufacturing, and transporting of alcohol
19) cannot deny ability to vote based on sex (women can vote woohoo)
20) moved both inaugurations for president and congress members from March to january and it explains the succession of a president if the new one dies before officially taking office
21) no more 18th amendment
22) limits the presidential time in office to 2 terms
23) washington, dc citizens can vote in presidential elections by giving the District of Columbia electors in the Electoral College
24) states cannot use poll taxes to prevent people from voting
25) explains how to fill VP position and explains procedures for presidential succession when they are no longer able to do the job
26) lowered voting age from 21 to 18
27) congress cannot give themselves pay raises until the next election of congress members
Which amendment(s) of the Constitution protect the rights of women?
The 19th, mainly.
Which amendment(s) of the Constitution protect the rights of African Americans?
13th, 14th, and 15th
How were US Senators chosen before the Seventeenth Amendment?
They were elected from their elected representatives in state legislatures.
The Twenty-Fifth Amendment describes the sequence of events that would install the vice president as acting president against the will of the president. Outline that sequence of events.
First, if the president either died, submitted a written statement saying he cannot be president, or is impeached, then the VP must take over. Once the VP dies or is removed, the president chooses a new one with Congressional approval. If VP and the majority of cabinet officials decide that the president is unfit for office but he refuses to leave, they have 21 days to either get rid of him or bring him back into office.
How many times is the word privacy mentioned in the Constitution (articles and amendments)?
The specific word “privacy” is never mentioned.