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Constitution
Constitution Test
| Question | Answer |
|---|---|
| Petition | ? |
| Impeach | To charge or accuse Two presidents have been impeached but not removed from office House of Reps bring charges Senate holds trial and makes final decision |
| Idict | Hearing that proves you should be charged. Does not determine guilty or innocent. Just confirms that charges are valid. |
| Due Process | Fair treatment during legal process |
| Veto | President's power to say "no" to a bill. Senate can overturn a veto with a 2/3rds majority vote from each house. |
| Check and Balances | Prez - Veto; call special sessions; recommend legislation; appoint supreme court and federal judges Courts - free from executive control; can decide if a prez's/congresses actions are unconstitutional Congress - create laws, agencies, program |
| Federalism | Reserved powers: public education; driving/traffic laws; intrastate commerce; create local gov'ts; marriage laws; create laws for practicing medicine Nat'l gov't can't take away the state's rights. |
| Writ Habeas Corpus | "To hold the body" Need evidence to hold someone in jail |
| Prior Restraint | President cannot put pressure on the press to prevent a story that he does not want published. |
| Revenue Bill | Any bill that generates revenue Tax bills Must come from the House of Reps |
| Bills of Attainder | Taking away someone's rights because they've committed a very serious crime. (i.e. treason or felony) |
| Establishment Clause | Separation of church and state. |
| Free Exercise Clause | You are free to exercise any religion you want. The government cannot take that away from you. |
| Supremacy of Law | The constitution is the highest law of all the land and everyone must abide by it. |
| Executive Orders | An order the president issues which helps others carry out laws? |
| Reprieve | To delay a punishment. |
| Amnesty | A pardon to a whole group of people. |
| Assembly | ? |
| Double Jeopardy | You can't be tried twice for the same charges after you have been convicted. |
| Cabinet | Prez appoints the head of each of 15 departments. Homeland Security was the last to be added (2002) |
| Eminent Domain | Gov't can take away your property IF it is being used to benefit the public. They MUST pay fair compensation. |
| Separation of Powers | Prevents one branch of the Gov't or one person from becoming too powerful. |
| Slander | Spoken Ruins one's reputation |
| Libel | Written Ruins one's reputation |
| Elastic Clause | Congress can make any law which is necessary to carry out their duties. |
| Quorum | 50% + 1 Majority needed from each house in order to do business |
| Ex Post Facto Laws | You can't be tried for a crime you committed before laws were in place prohibiting that action which you would be tried for. |
| Jurisdiction (Original v Appellate) | Original - A court's ability to hear a case for the first time Appellate - A court's ability to hear a lower court's ruling |
| "Full faith and credit" clause to the states | Article 4 - States have to respect the laws of other states |
| Enumerated Powers | People have rights now numbered in 1-8 of the bill of rights |
| Executive Agreements | Agreement between other countries |
| Pardon | Completely excusing someone from punishment for a crime |
| Magna Carta and English Bill of Rights | The both give states rights |
| Type of Government we have | Democratic Republican |
| Three parts of Constitution | Preamble Articles Bill of Rights / Amendments |
| Article 1 | Legislative branch |
| Article 2 | Executive Brance |
| Article 3 | Judicial Branch |
| Art 4 | Relationship among states |
| Art 5 | How an amendment can be ratified or passed (2/3rds vote from each house) |
| Art 6 | Supremacy of law |
| Art 7 | # of states needed to ratify/pass the constitution (9) |
| Executive Branch (Qualifications) | 35 y/o natural born citizen residence for 14+ years 2 4-year terms (tops) Possibly 10 years total |
| Judicial Branch (Qualifications) | appointed by Prez approved by Senate |
| Legislative Branch (Qualifications) | Senate - Joe Biden = VP 30+ y/o citizen for 9 years resident of state serving Reps - John Boehner = Speaker 25+ y/o citizen for 7 years res of state serving |
| Electoral College | 538 votes total based on population 1 vote per senator and representative (Plus some 3 for territories) |
| Three objectives of the Bill of Rights | 1. State rights 2. Individual rights 3. Criminal rights (how criminals will be treated |
| Amend 1 | Freedom of religion press assembly speech petiton |
| Amend 2 | right to bear arms |
| Amend 3 | cannot be forced to quarter/house troops |
| Amend 4 | search and seizures |
| Amend 5 | due process - fair treatment self incrimination - right to remain silent eminent domain double jeopardy - can't be tried twice for the same crime |
| Amend 6 | fair and speedy trial by jury writ habeus corpus |
| Amend 7 | right to a trial by jury in a CIVIL case |
| Amend 8 | cruel and unusual punishment |
| Amend 9 | unenumerated rights |
| Amend 10 | reserved rights - states have powers that the gov't can't take away |
| 6 Principles of Constitution | 1. Check and Balances 2. Popular sovereignty 3. Federalism 4. Limited Gov't 5. Separation of Powers 6. Judicial review |
| 7 Roles of President | 1. Head of State 2. Chief Executive 3. Chief Legislator 4. Economic planner 5. Party leader 6. Chief Diplomat 7. Commander in Chief |
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