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Gov. Final
U.S. Constitution
| Question | Answer |
|---|---|
| What does Article 1 of the Constitution cover? | Congress |
| What are the two parts of Congress? (Art. 1) | The Senate and the House of Representatives |
| What is the main responsibility of Congress? (Art. 1) | To make laws for the United States |
| How often must Congress meet according to Article 1? | Once a year |
| Where do both houses of Congress meet? (Art. 1) | The Capitol Building in Washington, D.C. |
| What are the powers delegated to Congress? (Art. 1) | The control of: money, war, justice, regulations, foreign relations, changes to the Constitution, and commerce. |
| What about money does Congress control? (Art. 1) | collect taxes, decide how to print money, print and coin money, and borrow money. |
| What about war does Congress control? (Art. 1) | decide how to spend money, and declare war |
| What about justice does Congress control? (Art. 1) | set up federal courts, and impeach president of other federal officials |
| What regulations does Congress control? (Art. 1) | create and run post office, set up standards of weights and measures, build and maintain highways, pass copyright and patent laws, admit new states and territories to the U.S., pass laws about immigration and naturalization |
| What about foreign relations does Congress control? (Art. 1) | Approve of disapprove treaties with other countries |
| Congress can _____ ______ to the Constitution. (Art. 1) | Congress can PROPOSE AMENDMENTS to the Constitution. |
| What about commerce does Congress control? (Art. 1) | control business between states, control trade between the U.S. and other countries |
| What (4) things does Article 1 prohibit Congress from doing? (Art. 1) | Cannot: pass ex post facto laws, pass bill of attainder, suspend writ of habeas corpus, grant title of nobility |
| What is an ex post facto law? (Art. 1) | it means "after the fact" and makes an act illegal after it has been done. |
| What is a bill of attainder? (Art. 1) | a law that punishes a person without a trial. |
| What is a writ of habeas corpus? (Art. 1) | It protects people from illegal imprisonment. At protects a person from being put in prison before they have appeared before a judge. The reason for arrest has to be explained to the person and the judge. |
| What does it mean that Congress cannot grant a title of nobility? (Art. 1) | Congress cannot make anyone a king or queen, duke or duchess, prince or princess. No royal titles can be given by the United States. |
| How many Senators are in the Senate? (Art. 1) | 100 - 2 from each of the 50 states |
| What are the requirements to be in the Senate? (Art. 1) | They must be 30 years old and a U.S. citizen for 9 years. |
| How long is the term of office in the senate? (Art. 1) | term is 6 years |
| Who is the presiding officer of the Senate? (Art. 1) | the Vice President of the U.S., or the president pro tempore when the VP is absent |
| What are the special duties of the Senate? (Art. 1) | approves or disapproves treaties with other countries approves or disapproves presidential appointments |
| How many representatives are in the House of Representatives? (Art. 1) | 435 always - The number of representatives depends on how many people live in each state. States with a larger total population have more members than states with smaller populations. Each state has at least one representative. |
| How long is a term of office in the House of Representatives? (Art. 1) | Term is 2 years |
| Who is the presiding officer of the House of Representatives? (Art. 1) | the Speaker of the House |
| What are the special duties of the House of Representatives? (Art. 1) | the right to Impeach, or bring charges against, the president or federal official, Choose a president if no candidate receives a majority of electoral votes |
| What does Article 2 address? | The Executive Branch |
| What is the main action of the Executive Branch? (Art. 2) | carries out or executes the laws made by congress |
| Who is the chief executive? (Art. 2) | the President |
| Who takes the place of the president when necessary? (Art. 2) | The vice president |
| What is the largest branch of government (and employs the most people)? | The Executive branch (Art. 2) |
| What does the Executive branch consist of? (Art. 2) | The Cabinet, the 14 large executive departments of the Cabinet, and many other agencies and organizations, such as the Post Office, the Army, Navy, and Air Force, the Internal Revenue Service (IRS), the FBI, and the CIA. |
| What are the requirements to become President? (Art. 2) | 35 years old, born in the United States, and live in the U.S. for 14 years before election. |
| How long is a term of office for the President? (Art. 2) | 4 year term - can be elected only two times |
| How is the President elected? (Art. 2) | by the Electoral College |
| What are the powers of the President? (Art. 2) | signs or vetoes bills passed by Congress, commander-in-chief, recognizes other countries, make treaties with other countries (must be approved by senate), appoints Supreme Court justices and federal judges (must be approved by Senate), |
| What are the other duties of the President? (Art. 2) | appoints cabinet members |
| What is the Cabinet? (Art. 2) | a group of advisers. They are the 15 large executive departments. |
| What are some examples of the large executive departments that make up the Cabinet? (Art. 2) | The defense Department, the Agriculture Department, and Department of Transportation. |
| What are the departments that make up the Cabinet responsible for? (Art. 2) | carrying out laws passed by Congress. |
| What does the Agriculture Department do? (Art. 2) | inspects the food we eat, controls school lunch programs and food stamps, and helps farmers. |
| What is the head of each department called? (Art. 2) | the Secretary, such as the Secretary of State. |
| What is made up of the department heads (Secretaries)? (Art. 2) | The Cabinet |
| Who appoints the secretary of each department? (Art. 2) | the President (must be approved by the Senate) |
| When can the President meet with the Cabinet? (Art. 2) | Whenever he wants. A little or a lot; it's up to the President. |
| What does Article 3 address? | The Judicial Branch |
| How many courts did the Constitution set up? (Art. 3) | One |
| What is the court that the Constitution set up? (Art. 3) | the Supreme Court (Congress was given the power to set up other federal courts) |
| What are the other kind of federal courts that Congress has created? (Art. 3) | Courts of appeals and district courts |
| The Constitution also gave _____ the power to create their own court systems. | The Constitution also gave STATES the power to create their own court systems. |
| Who appoints federal judges, including Supreme Court justices? (Art. 3) | the President |
| What is special about a federal judge appointment? (Art. 3) | Once they are appointed, they never have to run for election or be reappointed. Their appointments are for their lifetime, and they hold their judgeship as long as they want, unless they are impeached. |
| How many courts make up the Supreme Court? (Art. 3) | one |
| How many judges are in the Supreme Court? (Art. 3) | 9 judges, called justices |
| What is the highest court in the United States? (Art. 3) | the Supreme Court |
| What are the major responsibilities of the Supreme Court? (Art. 3) | Decides if laws passed by congress are in conflict with the Constitution. If law is declared unconstitutional, the law is not valid and cannot be used. Also hears appeals from lower courts Can overturn decision made by lower courts |
| How many courts make up the Courts of Appeals? (Art. 3) | twelve |
| What are the major responsibilities of the Courts of Appeals? (Art. 3) | Hear cases on appeal (no new trials, no juries). Decide if decision made by district courts followed due process. Can overturn lower courts'decisions. Decisions are final unless the case is appealed to the Supreme Court. |
| How many courts make up the District Courts? (Art. 3) | ninety-one |
| What takes place in the District Courts? (Art. 3) | Trial courts, evidence presented, juries often hear cases. |
| The District Courts hear cases about crimes and disputes if: (Art. 3) | different states are involved people from different states are involved federal laws have been broken federal government is involved in dispute other countries are involved |
| Who has the power of judicial review? (Art. 3) | the Supreme Court |
| What is judicial review? (Art. 3) | the authority to declare laws made by Congress or states unconstitutional. |
| When and by whom was the right of judicial review first established? (Art. 3) | in 1803 by Chief Justice John Marshall in the case Marbury versus Madison |
| How many federal and state laws has the Supreme Court overturned since 1803? (Art. 3) | more than 100 federal laws and more than 1000 state laws. |
| What is an example of when the Supreme Court overturned a state law? (Art. 3) | In 1954, in the Brown versus the Board of Education of Topeka, Kansas, the Supreme Court ruled that the state laws that segregated children into schools were unconstitutional. |
| What can be used to declare acts made by the president or other executive branch officials unconstitutional? (Art. 3) | the power of judicial review |
| Article III (3) says that a person has the right to a jury trial in all criminal cases except for _______. | except for IMPEACHMENT TRIALS. |
| What is treason defined as in Article 3? | an act of war against the United States or the act of helping an enemy of the U.S. |
| What is needed to convict someone of treason? (Art. 3) | The person most openly confess to the treasonous act in court, or two eyewitnesses testify that the person has committed a treasonable act. |
| What does Article 4 cover? | It describes how states will get along with the federal government and other states. |
| What must every state do toward the laws of other states? (Art. 4) | Every state must respect the laws, records, and court decisions of other states. |
| Citizens from one state visiting another state are entitled to... (Art. 4) | the same rights as people who live in that state. |
| If a person commits a serious crime in one state and then escapes to another state... (Art. 4) | that person must be found and returned to the state where the crime was committed. |
| What is extradition? (Art. 4) | When a person is found and brought back to the state in which they committed a crime. |
| Who makes the rules for selling and controlling all land or other property that belongs to the United States? (Art. 4) | Congress |
| Who has the power to admit new states to the U.S.? (Art. 4) | Congress |
| What form of government must every state have? (Art. 4) | a representative government |
| The federal government will protect and defend all states from _____. (Art. 4) | other countries |
| Who will help if fighting of violence breaks out inside a state? (Art. 4) | the federal government |
| What does Article 5 cover? | how to make changes to the Constitution |
| How can the Constitution be changed? (Art. 5) | by adding an amendment |
| What are the two steps to adding an amendment to the Constitution? (Art. 5) | First, the change must be proposed, then it must be ratified. |
| How is an amendment proposed? (Art. 5) | two thirds of all the state legislatures, or two thirds of both houses of Congress must vote to propose it |
| How is an amendment ratified? (Art. 5) | three fourths of all state legislatures or three fourths of state conventions held just for he purpose of voting on the amendment must vote to approve the amendment. |
| What does Article 6 cover? | The supremacy clause |
| In which article is the supremacy clause found? | Article 6 |
| What does the supremacy clause say? (Art. 6) | That the Constitution is the highest law of the land. The Constitution, the laws of Congress, and all treaties must be followed by all states. State laws must agree with the Constitution. State judges must know the Constitution is supreme over state laws. |
| All members of Congress, the President, and all executive branch officials, all Supreme Court justices and federal judges, all members of state legislatures, all governors and state officials, all state judges must... (before taking office) (Art. 6) | take an oath of office and swear to obey the United States Constitution. |
| What does Article 7 say? | That the Constitution would become effective when 9 (out of 13) states approved or ratified it. |
| When was the Constitution signed by its authors? | September 17, 1787 |
| What were the first three states to ratify the Constitution in 1787? | Delaware, Pennsylvania, and New Jersey. |
| How many states ratified the Constitution in 1788? | eight states |
| What were the last two states to ratify the Constitution? | North Carolina in November 1789, and Rhode Island in May 1790. |
| When were the first amendments proposed and when were they ratified? | September 25, 1789, 1791 |
| How many of the 12, first proposed amendments were ratified by three fourths of state legislature? | ten |
| What were the first ten amendments known as? | The Bill of Rights |
| What do the Bill of Rights do/say? | They do not change the Constitution, only make it clear what rights the government must protect. |
| The first amendment protects what five rights? | freedom of religion - people can practice any religion they want and Congress cannot establish a religion for the country freedom of speech freedom of the press the right to assemble peacefully the right to petition the government |
| What is the second amendment? | The right to bear arms - The federal government cannot take away the right of the people to have guns. |
| What is the third amendment? | Housing of soldiers - People cannot be forced to feed and shelter soldiers in their homes. |
| What is the fourth amendment? | Search and seizure - People must be safe from police searches and arrests in their homes. To search a home, to arrest someone, or to remove evidence, a court order or warrant must be issued by a judge. A judge can only issue a warrant with good reason. |
| What happens to evidence that is seized in violation of the fourth amendment? | It cannot be used in court. (ex., if a warrant was to search for drugs, and stolen goods are found, the stolen goods cannot be used as evidence in a case unless an additional warrant is granted and another search takes place.) |
| What is the fifth amendment? | Rights in criminal cases |
| What are the five rights described in the fifth amendment? | People accused of serious crimes must first be indicted by a grand jury before being tried. People can't be forced to testify against themselves. A person can't be twice put in jeopardy. Accused people have the right to due process |
| What does it mean to undergo double jeopardy? | To be tried again for the same crime that they have already been found guilty. |
| What is the sixth amendment? | Right to fair trial - People accused of a crime: must be told what crimes they have been charged with have the right to a speedy and public trial have the right to a lawyer have the right to question witnesses |
| Under what amendment were the Miranda rights put in place? | the sixth amendment |
| What is the seventh amendment? | Rights in civil cases - People have the right to a jury in civil cases in federal courts. Civil cases are about non-criminal problems, for example, a divorce, damages in a car crash, or somebody suing somebody else. |
| What is the eighth amendment? | Bail, fines, and punishment - a person found guilty cannot receive cruel or unusual punishment. Excessive bail and excessive fines cannot be charged. |
| What is the ninth amendment? | Other rights not mentioned - People have many other rights that are not listed in the Constitution. Even if not listed, people still have these rights. |
| What is the tenth amendment? | Powers reserved to the states - Powers not given to the federal government and not kept from the states belong to the state governments and to the people. |
| What is the eleventh amendment? 1795 | Lawsuits against states - A state cannot be sued by a citizen from a different state or a foreign country. |
| What is the twelfth amendment? 1804 | Presidential elections - This amendment made rules for the electoral college and explained how the president and vice president were to be elected. |
| What is the thirteenth amendment? 1865 | End of slavery - This amendment ended slavery in the United States. Slavery was no longer legal in the U.S. or any land that belonged to the U.S. |
| What is the fourteenth amendment? 1868 | Due process and rights of citizens - All persons born in the U.S. are citizens. This amendment gave citizenship to African Americans and native Americans. The rights of citizens cannot be taken away by states. All citizens given equal protection |
| What is the fifteenth amendment? 1870 | Right of blacks to vote - People (men) have the right to vote no matter what race or color. This amendment gave former slaves the right to vote. |
| What is the sixteenth amendment? 1913 | Income tax - Congress can collect taxes on income. |
| What is the seventeenth amendment? 1913 | Election of senators - This amendment changed the way senators were elected. It said that people of the state would vote directly for senators. |
| What is the eighteenth amendment? 1919 | Prohibition of alcohol - This amendment made all alcoholic drinks illegal and the selling, making importing, and exporting of liquor illegal. (This amendment was repealed by the 21st Amendment.) |
| What is the nineteenth amendment? 1920 | Right of women to vote - Women have the right to vote. |
| What is the twentieth amendment? 1933 | Beginning and ending dates for elected official |
| Under the 20th amendment, on what day does the term of the president and vice president end? | January 20 |
| Under the 20th amendment, when does the term of Congress end and when does the term of the new Congress start? | It ends at noon on January 3, and the new Congress meets on January 3 at noon. |
| What is the twenty-first amendment? 1933 | Repeal of Prohibition - Amendment 18 was repealed. Alcoholic drinks were no longer illegal. |
| What is the twenty-second amendment? 1951 | President limited to two terms - No one can be elected to be president more than twice. |
| What is the twenty-third amendment? 1961 | Voting in Washington, D.C. - People living in Washington D.C. can vote for the president and vice president, and D.C. can have electoral college votes. |
| What is the twenty-fourth amendment? 1964 | End to poll tax - People cannot be charged a poll tax or any other tax to vote. |
| What is the twenty-fifth amendment? 1967 | Presidential succession - If the president dies, the vice president. If the office of vice president becomes empty, the president nominates someone to become vice president. That person must then be approved by a majority of both houses of Congress. |
| What is the twenty-sixth amendment? 1971 | Voting at age 18 - the voting for all election was lowered from 21 to 18. |
| What is the twenty-seventh amendment? 1992 | Congressional pay - Salary increases for members of Congress cannot go into effect until after the next congressional election. |
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