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US Constitution
Teacher Exam
| Question | Answer |
|---|---|
| What is the supreme law of the land? | US Constitution |
| How is a vacancy in the US House of representatives filled? | A special election is held in the state to fill vacancies |
| By what means has the US Constitution been changed since its adoption? | By amendment, court decisions, and presidential practices |
| What are to ways in which amendments may be proposed? | By a 2/3 vote of each house of Congress or by a convention called by 2/3 of the State Legislators |
| Why are the first 10 amendments collectively known as the "Bill of Rights"? | They guarantee to the people of the US certain personal rights that are recognized by the federal government and cannot be infringed upon |
| What basic freedoms are protected in the 1st Amendment? | Freedom of religion, speech, press, peaceable assembly, and they right to petition the Government for a redress of grievances |
| What is the purpose of each of the Amendments XIII, XIV, and XV? | XIII - abolished slavery XIV - gave citizenship to all persons born in the US, including slaves XV - protected the right of citizens to vote regardless of race, color or previous condition of servitude |
| What three restrictions on voting are forbidden in the Constitution? | race, color, or sex |
| What is meant by naturalization? | Naturalization is the process by which a citizen of another nation becomes a citizen of the US |
| What form of government is guaranteed to each state by the Constitution? | a Republic form of government which ultimately means that supreme power is held by the people who are represented by their elected officials |
| How are new states admitted? | Congress; however, the boundaries of new states may not infringe upo territories of existing states |
| Where does a power reside when it is not delegated or prohibited by the Constitution? | As per the 10th amendment, these powers are reserved to the States or to the people |
| What are five powers forbidden to the states? | coining money; making treaties with foreign nations; declaring war; granting titles of nobility; passing ex-post facto laws |
| what is an ex-post facto law and can such a law be passed? | It is one that attempts to inflict a penalty or to declare a particular act illegal after it has already occurred. This type of law cannot be enforced and is prohibited |
| What is the function of the legislative branch? | Create the laws |
| What is the function of the executive branch? | Enforce the laws |
| What is the function of the judicial branch? | Interpret the laws |
| Which two bodies make up the Congress? What branch is this? | US House of Representatives and US Senate; Legislative branch |
| When does Congress regularly meet? | As per the 20th amendment, Congress shall assemble on the 3rd day of January each year |
| How are special sessions of Congress called? | On the order of the President |
| What are the qualifications to be a member of the House of Representatives? | 25 years of age, US citizen for 7 years, and a representative of the state from which he/she is chosen |
| What are the qualifications to be a member of US Senate? | 30 years of age, US citizen for 9 years, and a resident of the state from which he/she is chosen |
| Who prescribes the times, places, and manner of holding elections for senators and representatives? | The legislature of each state, while vacancies are filled by special election in that state |
| Who is the judge of election returns and qualifications of members of Congress? | Each house oversees election returns and the qualifications of its members |
| How many senators are provided by the Constitution? | Two from each state |
| What are the terms of office for the House of representatives and the Senate? | House of Representatives - 2 years; Senate - six years |
| Who are the presiding officers over the House of Representatives and the Senate? | House of Representatives - Speaker of the House Senate - Vice President |
| What are the terms of office for Congress? | House of Representatives - 2 years Senate - 6 years |
| What are the specific powers vested in the Speaker of the House? | Assigns all bills introduced to the appropriate standing committee, and the Speaker exercises control and limitation of debate in the House |
| What major powers are assigned to Congress? | collection of taxes; borrowing money on the credit of the US; regulating commerce with foreign nations as well as b/w the states; coining money; fixing standard of weights & measures; establishing post offices; granting patents & copyrights; declaring war |
| What limits of powers have been placed on Congress? | suspending privilege of a writ of habeas corpus; passing bills of attainder or ex-post facto laws; granting titles of nobility; giving commercial preference to any state; taxing exports of any state |
| What is the implied powers clause? | Article 1, Sec. 8 - gives Congress authority to make all laws necessary & proper for executing all the powers of Congress & of the government. It is meant to address any essential powers that aren't explicitly addressed in the Constitution |
| What is the foundational basis for membership in the Presidential Cabinet? | the president may require the opinion of the principal officer in each of the executive departments. The principal officers are appointed by the President & make up the presidential cabinet |
| What are the President's legislative powers? | veto legislation put forth by Congress; present messages to Congress; & convene Congress in special sessions |
| What is meant by overriding the President's veto and how is this done? | the President returns a bill to Congress w/ objections, each branch will reconsider the bill & the objections; if both Houses pass the vetoed measure by a 2/3 vote, the bill becomes law |
| What are 3 powers of the Senate not possessed by the House? | conduct impeachment trials, ratify treaties with a 2/3 majority of the Senators present & to approve those nominated by the President to official posts within the government |
| What is meant by impeachment & what penalty may be inflicted by Senate? | a process whereby a government official who is considered to be unfit for duty can be removed from office; penalty can only consist of removal from office & disqualification for holding office again; 2/3 vote of Senate is necessary |
| The Vice President has the power to vote in Senate under what condition? | when Senate is equally divided |
| How is money provided to carry on the business of the federal government? | Appropriations must be passed by Congress before money can be spent |
| Who is the head of the executive branch? | President |
| What are the qualifications to be President? | 35 years old, and natural born citizen of US |
| Who elects the President? | Electors are chosen by each state as directed by that state's legislature & those electors vote for President |
| How many members does each state have in Electoral College? | Equal to the number of members it has in the Senate & House of Representatives |
| Who counts the votes for President and Vice President? | Congress, under direction of President of the Senate |
| When do the President and Vice President take office? | January 20, following their election |
| What is term for each Congress? | Each Congress is convened for 2 years & consists of two sessions |
| What is the general method by which major appointments to federal offices are made? | nominated by the President with the advice and consent of the Senate |
| If the Senate is in recess, how may the President fill vacancies by appointment? | by granting commissions that expire at the end of the next session |
| Who is the commander in chief of the Armed Forces | President |
| What are the President's messages to Congress? | President annually advises Congress regarding the state of the union, including necessary legislation & budget issues |
| What is the veto power of the President? | President may nullify a bill passed by Congress by returning it with documented objections to the originating house for further consideration |
| What emergency legislative power rests with the President? | the power to call special sessions of Congress |
| What judicial power is held by the President? | the power to grant reprieves and pardons |
| What is the right of eminent domain? | The power of the federal government to take private property for public use upon payment of just compensation to the property owner |
| What does the judicial branch consist of? | The Supreme Court and any inferior courts established by Congress |
| hat positions constitutes the members of the Supreme Court? | one Chief Justice and eight Associative Justices |
| Who is the Chief Justice of the Supreme Court? | John Roberts |
| What power does the judicial branch have? | Interpreting the law |
| What is the term of office for a federal judge? | Appointments are for life, unless they are removed for cause |
| How could a justice of the Supreme Court be removed from office? | With cause, a justice can be removed via the impeachment process |
| What are six types of cases over which the federal courts have jurisdiction? | Those arising under the Constitution or laws or treaties of the US; those affecting ambassadors; those in which the US is a party; cases bw a state & a citizen of another state; cases bw states; cases bw citizens of different states |
| If no candidate receives a simple majority in the Electoral College, how does the Congress select the winner? | House selects the President with each state having one vote. The vote must be a majority of 26 states & then Senate selects the VP with a majority vote of 51 senators |
| What is meant by original and appellate jurisdiction? | Original jurisdiction applies to cases which come initially to the court for trial. appellate jurisdiction applies to cases that come through the appeal process. The Supreme Court generally exercises appellate jurisdiction |
| In what cases does the Supreme Court have original jurisdiction? | Cases affecting ambassadors & other public ministers & consuls & cases in which two or more state are involved in appellate jurisdiction |
| What is meant by a law being unconstitutional? | A law is deemed unconstitutional if held by the Supreme Court to be contrary to the provisions of the Constitution. Such a law is no effect |
| What constitutes treason? | an act of war against the US or giving comfort and aid to an enemy of the US |
| If the President is tried for impeachment, who will preside? | The Chief Justice of the Supreme Court |
| What freedoms are guaranteed by the 5th Amendment? | Accused can't be tried for a offense except on indictment by a grand jury; Person can't be tried 2x for the same offense or be compelled to witness against himself in a court; The accused can't be deprived of life, liberty or property w/o due process |
| In what cases is the right to trial by jury assured? | In all criminal prosecutions, the accused have the right to a speedy and public trial by an impartial jury |
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