Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
maddox constitution
constitution test review
| Question | Answer |
|---|---|
| Initiative | -The process by which citizens can propose a law or state constitutional amendment to be voted upon in an election -allowed in 18 states -more open than federal government- framers afraid of majority rule |
| Referendum | -the process by which voters can vote to remove a public official from office -allowed in 49 states -more open than federal government- framers afraid of majority rule |
| Recall | -The process by which voters can vote to remove a public official from office -allowed in 15 states |
| Republic | A form of government in which political leaders receive from the citizens their authority to make and enforce laws. |
| Virginia Statute for Religious Freedom | -1779 -drafted by TJ -separation of church in state- in all states by 1883 |
| The Articles of Confederation | -government put in place by continental congress in 1777 -no tax or trade powers -many problems- mainly TOO WEAK -trade wars -no regulated money |
| Shay’s Rebellion | -1787 -convinced people that a stronger central government was needed. |
| Northwest Ordinance of 1787 | -laid out how to govern Northwest territories -guaranteed trial by jury, freedom of religion and freedom from excessive punishment -abolished slavery in the Northwest territories -claimed lands without native American consent |
| Land Ordinance of 1785 | -divided the Northwest territory into townships and laid out the steps to statehood |
| Weaknesses of the Articles of the confederation and how they were fixed in the constitution | |
| One vote for each state, regardless of size- advantage to small states doesn’t give proportional representation | Creates house & senate- both proportionate and equal representation |
| Congress powerless to impose and collect taxes or duties can’t create an army & defend themselves | Gives congress the power to tax |
| Congress powerless to regulate foreign and interstate commerce trade wars between states and no way to make treaties w/ foreign nations | Gives power to national government |
| No separate executive to enforce acts of Congress no checks on congress’s powers | Separation of powers- 3 branches with checks and balances on each other |
| No national court system to interpret laws no uniform judiciary system | Creates judicial branch and gives them power to interpret the law |
| Amendment only with consent of all the states too much power to the states, too difficult to make necessary amendments w/ unanimity needed | Majority needed in both houses of congress |
| A 9/13 majority required to pass laws too much power to states, too easy to vote down necessary bills, but not enough checks | Majority needed from both houses |
| Articles only a “firm league of friendship” states think only for themselves | United the states by giving the national government more power |
| The Constitution | |
| constitution | A set of principles and rules for governing a country |
| Popular sovereignty | The fundamental principle that the power to govern belongs to the people and that government must be based on the consent of the governed |
| Separation of powers | The division of government’s exectutive, legislative, and judicial powers into three separate powers |
| Checks and balances | A system in which political power is divided among the three branches of government, with each having some control over the others. |
| federalism | The division of governmental power, as expressed in the United States Constitution between the national government and the states. |
| Executive branch | -nominates federal judges -grants pardons or reprieves for federal offenses -implements laws -vetoes laws passed by congress -calls special sessions of Congress -suggests legislation -sends messages to congress |
| Judicial Branch | -declares executive actions unconstitutional -interprets laws and treaties -declares laws passed by congress unconstitutional |
| Legislative branch | -passes laws and sends them to the president -impeaches and removes the president -overrides the presidential veto by 2/3 vote -controls appropriation of money -confirms presidential appointments -ratifies treaties -impeaches and removes federal jud |
| Delegated powers | The powers also called enumerated or expressed powers, that are specifically granted to the federal government by the constitution |
| Implied powers | Those delegated powers of the national government that are not specifically stated in the Constitution, but that are implied by the interpretation of the Elastic Clause |
| Elastic Clause/ Necessary and Proper Clause | The clause in the Constitution that allows Congress to pass laws as necessary to carry out its authorized powers |
| Inherent powers | The powers, usually in foreign affairs, that grow out of the very existence of the national gov’t |
| Reserved powers | The powers that the Constitution sets aside for the state governments |
| Concurrent powers | The powers that both national and state governments have. |
| Prohibited powers/ Restricted powers | The powers that are denied to the federal government, the state government, or both |
| President dies: | -VP becomes President, vacating the VP seat -President can transfer power to VP by written document if he cannot perform |
| VP dies: | -President nominates new VP, voted in by majority vote in Congress |
| 16th Amendment o | “income tax” o Graduated tax Percent of income The more you make-the more you pay • |
| 17th Amendment o | Direct election • |
| 22nd Amendment o | Limits presidents to 2 terms or 10 years in office • |
| 23rd Amendment o | 1 electoral vote o Could vote on president o Do not have a seat in congress • |
| President dies: | -VP becomes President, vacating the VP seat -President can transfer power to VP by written document if he cannot perform |
| VP dies: | -President nominates new VP, voted in by majority vote in Congress |
| If President is unable to transfer authority -VP and Cabinet write to Speaker of the House and Senate Pro Tempo explaining President cannot perform duties so power is transferred | 3 vote to say President incompetent -Default: power goes back to President |
| President can resume his job if disorder no longer exists | If transfer back is contested Cong. decides by 2/3 vote to say President incompetent -Default: power goes back to President |
| Quitrents | colonial land taxes |
| Philips Andover and Exeter | - stressed, snotty school |
| Noah Webster | - blue back spelling book, begins to use English |
| State tariff wars | when every state would make bigger and bigger exit taxes or goods and prices skyrocketed |
| Monarchy | rule by one (President) |
| Aristocracy | rule be few (Senate) |
| Democracy | rule by many (Congress) |
| Dual Sovereignty | split government (National and State) |
| Republican Democracy | we elect representatives that then vote on our behalves |
| Bicameral Legislature | 2 houses (Senate and House of Reps) |
| Reapportionment | Process by which congress allocates how many representatives each state gets by census (population) |
| Redistrict | Process by which each state legislature draws boundaries |
| Gerrymandering | Process by which each state legislature draws boundaries (MA term) |
| Speaker of the House | Elected by majority party, oversees House |
| Minority Leader | leader of minority party in the House |
| President Pro Tempore | Longest serving member of the majority party |
| Majority Leader | leader of majority party in the Senate |
| Impeachment | gets rid of bad leaders for treason, bribery, high crimes and misdemeanors |
| Quorum | minimum number of members needed to be present to conduct business |
| Filibuster | in senate, talking a bill to death |
| Cloture | motion to end filibuster (need 60 votes) |
| Veto | Presidential power, saying no to a bill (can get ¾ majority in both house to overturn) |
| Pocket Veto | Does not sign bill for 10 days while congress is NOT in session bill dies |
| Line Item Veto | can veto certain lines (ear makers can be removed) |
| Ear makers | frivolous spending mixed into bills |
| Enumerated powers | Those specifically listed powers to the federal government |
| Implied Powers | Inferred powers from enumerated powers |
| Tariffs | taxes of exports |
| Imposts | general taxes |
| Excises | Domestic consumption of goods and services tax |
| Income tax | graduated tax, percent of income, the more you make-the more you pay |
| Quotas | Certain # of people from each country each year allowed citizenship |
| Asylum | political and religious refuge |
| Patents | offer inventors the exclusive right to make and sell their inventions |
| Copyrights | allow creators of literary or artistic work to retain the right to copy |
| Uniform Code of Military Justice | rules that active military need to follow |
| Loose Construction | extended implied powers, bigger government, and more power |
| Strict Construction | smaller government, less power, Founding Fathers would be happier |
| Habeas Corpus | right to know why you are being held in jail/prison |
| Ex Parte Milligan | suspending of habeas corpus (only congress can, not president) |
| Bill of Attainder | tries to punish someone through legislature |
| Ex post facto | “after the fact”- if legal when act was done then they cannot be punished for it |
| Appropriation Bills | “spending bills,” itemized lists of spending |
| Bills of Credit | borrowing, not paying hard money |
| Universal Suffrage | the people voting directly for president |
| Plurality | most votes but not majority in Electoral College |
| Small State Advantage | more representation than the population, allows president to win majority vote but lose Electoral College |
| Large State Advantage | only needs 11 states to win |
| Appointments | president’s appointing of ambassadors and federal judges (congress but approve) |
| Recess Appointments | appointments appointed when congress if not in session- serve until next session |
| Reprieve | accused/guilty of crime and get no punishment, but it stays on your record |
| Pardon | legal forgiveness of a crime; no record or punishment |
| Commutation | lessen sentence of punishment |
| Amnesty | legal pardon for an entire group of people (illegal immigrants?) |
| Executive Order | takes on function of a law unless vetoed by congress or court |
| State of the Union Address | speech outlining agenda for the year; given in front of a joint session of congress |
| Joint Session of Congress | for dramatic events, emergencies; both Senate and House together |
| Chief Justice | head Justice of the Supreme Court |
| Trial by Jury | dates back to Magna Carta- tried in the state of the crime committed by a jury of your peers |
| Jurisdiction | legal authority to hear and decide a case |
| Original Jurisdiction | power of the court to hear a case where it originated (District and Supreme Courts) |
| Appellate Jurisdiction | only review cases on appeal, another court must have heard it already (Appeals Courts) |
| Concurrent Jurisdiction | 2 courts have the right to hear a case. If violated federal and state laes you can be tried in one or both courts (usually District Courts) |
| Final Jurisdiction | cannot be appealed past this decision (Supreme Court) |
| District Courts | US states and territories divided into legal districts, each with its own district court (94 total) |
| Grand Juries | (16-24) hears charges and evidence and decided whether to charge and take to trial or not based on evidence or lack thereof |
| Petit Juries | (6-12) Jury at a trial, weighs guilt or innocence, liable or not |
| Criminal | guilt/innocence, must be proven beyond a reasonable doubt |
| Civil | liable/not- must be clear and convincing |
| Appeals Court | Regional circuit courts that hear appeals of lower courts (only if trial was unjust—there was a legal mistake, not the outcome and only defense can appeal) |
| Supreme Court | Original, Appellate and Final Jurisdiction; Only hear cases dealing with constitutional issues/real controversies/ones that plug gaps in laws/affecting large amounts of people |
| Writ of Certiorari | telling lower courts to send information of a case to the Supreme Court |
| Rule of 4 | if 4+ justices want to hear a case then it will be heard |
| Amicus Curiae | People not directly part of case can send info outlining how it would also affect other aspects |
| Majority Opinion | winning opinion, becomes official view of the court, law, constitutional amendment |
| Dissenting Opinion | minority opinion, explains why they disagreed with winning vote |
| Concurring Opinion | Vote with majority for different reason than the reason outlined in majority opinion |
| Judicial review | power to declare a law/act unconstitutional and overturn it |
| Judicial Restraint | judges avoid overturning statutes (strict) |
| Judicial Activism | judges will overturn just about anything (loose) |
| Treason | levying war against the US or helping, aiding, comforting enemies of the US (need 2 eye witnesses of the same act of treason to convict) |
| Extradition | any person accused of a crime in one state who flees to another state must be delivered back to the state where the crime was committed |
| Article One | Legislative Branch |
| Article Two | Executive Branch |
| Article Three | Judicial Branch |
| Article Four | Relations among the States |
| Article Five | Amendment Procedure |
| Article Six | Supremacy |
| Article Seven | Ratifying the Constitution |
| LAND AVAILABILITY • | After Treaty of Paris (1783) land was plentiful •Line of Proclamation gone |
| STEPS AGAINST SLAVERY • | Brought into question with independence but would have sunk it all • By 1786 all but GA had banned the importation of slaves • RI had freed their slaves before war • MA/PA freed their slaves during war • Other northern states gradual emancipa |
| “If we are going to govern ourselves we better know what we are doing” | Thomas Jefferson (?) • |
| Education | Jefferson tried to have nation-wide public schools (only proposed) • MA tried to have schools o Planting rotations prohibited the kids from going • |
| 1776- The number of colleges went from __ to __ | 9 to 25 • |
| Education -George Washington | wanted a national university |
| Confederation Period | (1781-1788) |
| ARTICLES OF CONFEDERATION • | 2nd Continental Congress approved in 1777 o 12 states ratified, but needed all 13 Maryland held out because of western land disputes • Lots of colonies had grants to the same western land • Virginia gave in and gave Maryland more land o Each state |
| CENTRAL GOVERNMENT=CONGRESS • | Controls foreign affairs • Make war and peace • Borrow money • Regulate value of coins • Raise and army • Settle disputes between states |
| STATE RIGHTS • | Levy taxes • Issue paper money • Control trade These were all won during the war and not willing to relinquish yet… |
| Each states had between ____ and ____ representatives to Confederation Congress • | 2 and 7, BUT, each state only got one vote |
| Confederation Congress needed ___ out of ____ votes to approve new law | 9 out of 13 |
| Confederation Congress needed ___ out of ____ amend the article of confederation | 13 out of 13 |
| ACHIEVEMENTS | (won war) 1. Treaty of Paris (1783) o LAND, LAND, LAND!!! New territory- lots of claims for it, Indians, debts, companies 2. Land Ordinance of 1785 o Survey and sell 3. NW Ordinance of 1787 o Organize and govern |
| LAND ORDINATION OF 1785 • | Survey and sale of territory called “Old Northwest” o (above Ohio River, East of Mississippi, below Great Lakes) • Divided territories into townships o Divided into 36 sections Half/quarters |
| NORTHWEST ORDINANCE OF 1787 • | Confederation Congress appoints governor/council for territory • Sets rules on how a territory can become a state New states entered union on equal basis with old ones Full religious liberty Slavery prohibited Goal: To limit power |
| WEAKNESSES • | Dependence on state governments o No executive no enforcement o Depended on states for enforcement o States themselves unstable Frequent turnover in legislature • |
| Weaknesses | Foreign States o Lack of enforcement of agreements o Problems with England o Barbary Pirates o Spain to Mississippi River They say you can’t use New Orleans for port) • |
| Weaknesses | Economics Issues o No tax=no reliable revenue o State tariff wars Undermining the economy o British flood our markets with goods Home-spun economy dies Couldn’t put a tariff on Great Britain • RI still holding out so congress didn’t have that |
| Weaknesses No national __________ system | judicial • |
| Shay’s Rebellion | (1787-1788) o In debt, struggling Creditors controlled legislature • That tax they made hurt western farmers oLike Bacon’s Rebellion and Paxton Boys oNo way to stop them oCauses All Americans unite to have stronger gov't |
| Mt. Vernon Conference | (1785) o Maryland and Virginia o Dealt with all trade laws • |
| Annapolis Convention | (September 1786) o Five attend o Proposed for convention to be presented to Confederation Approved • |
| Constitutional Congress | (May 1787) o Philadelphia o 12 states |
| CONSITUTION CONVENTION • | Had no power • Demanded secrecy o Not even notes or anything written down Except 3 (John Adams Notes on the Continental Congress) • Weren’t really allowed to o Didn’t want people to be labeled “flip-floppers” so they could change their mind • |
| Constitution convention cont. | Could only speak twice on one issue o Couldn’t speak again until everyone has once • All articles voted on together o Compromise! • Will borrow heavily o Looks to all charters, laws, etc. they could find • |
| KEYS: o 3 pure forms of gov’t | Monarchy- rule by one (president) Aristocracy- rule by few (Senate) Democracy- rule by many (Congress) |
| 3/5 COMPROMISE • | Slaves count towards pop.? S states want them to count towards rep. not towards taxation • Each slave = 3/5 of a person |
| COMMERSE COMPROMISE • | Concerned with export tariff • No export tariff for an end to importation of slaves o Until 20 years later (1808) ARTICLE ONE |
| Article one: SECTION ONE: | LEGISLATIVE POWERS |
| Bicameral legislature • | 2 houses o House o Senate |
| Connecticut Compromise • | Created a bicameral legislature • New Jersey Plan Senate o Patterson o Favored small states o Even representation • Virginia Plan House o Randolph o Favored big states o Proportional representation |
| Article one: SECTIONS TWO, THREE, FOUR, FIVE & SIX: | ORGANIZING CONGRESS |
| Qualifications: House of Representatives | • /25 years old • 7 years citizen • State resident |
| Election Process: House of Representatives • | 2 year term • Proportional representation • 14th Amendment o 435 members o Eliminates 3/5 compromise |
| Senate qualifications • | 30 years old • 9 years citizen • State resident |
| Senate election process • | 6 year term • 1/3 elected every 2 yrs • Equal representation • 2 per state • Originally chosen by state legislature o 17th Amendment Direct election Rules and Procedures |
| House of Representatives • | Seniority driven • Hierarchy based o Longer elected more power • Each member has 1+ major committee assignment • Debate is limited • Decide to charge with impeachment |
| Senate • | Two or more major committee assignments • Spread power around • Debate not limited • Hold trials on impeachment |
| Both • | Sessions start on January 3rd at noon • Congress sets own rules • Set own salary but can’t raise salary for current term • Cannot benefit from the laws they make Leadership |
| House of Representatives leadership • | Elects own officers • *Speaker of house* o John Bochner o Elected by majority party • Minority Leader o Nancy Pelosi |
| Senate leadership • | Elects own officers • Vice President=President o Opens and closes sessions o Breaks a tie • |
| President Pro Tempore o | President of Senate successor o Longest serving member of majority party o Day-to-day honorary, no real authority (rotates as ceremonial position) |
| *Majority Leader* -senate o | Harry Reid o Speaks first o Key on committee assignments o Sets agenda |
| Both houses • | Must keep written records o Library of Congress • Members protected from charges of libel and slander while in office • Protected from civil suits while in office |
| Key Characteristics- House of Representatives • | Acts quickly • Represent a smaller number of people • Less prestige • “lower house” |
| Senate key characteristics • | Acts slowly (unlimited debate) • More prestige • “upper house” • Tend to vote against party more often o More independence • |
| Quorum • | Minimum number of members needed to be present to conduct business • House of Representatives: 218 • Senate: 51 |
| Filibuster • | Only in senate (unlimited debate) • You can talk a bill to death • Can eat/drink • Must remain standing • Must remain talking • Can have “teams” to tag team the filibuster • Cots are brought in for senate members • Must retain quarum |
| Cloture • | Motion to end filibuster • Need 60 votes • “break” the filibuster |
| Scott Brown brought democrats to only 59 votes | democrats no longer can break a republican filibuster |
| Article one: SECTION SEVEN: | MAKING LAWS |
| “All bills for raising revenue shall originate in the House of Representatives” • | More direct voice of the people • Shorter term: less likely to do something against the people’s wishes |
| Article 2: SECTION ONE: EXECUTIVE POWER- | “THE DUTY TO ENFORCE LAWS RESIDES WITH THE PRESIDENT” • |
| 3 people vs. 1 o | 1 better than 3 One can act faster than 3 Less argument o 3 better than 1 Feared tyranny/monarchy More knowledge o GW was running the meeting Everyone trusted him • Calmed them down Turned down the position before • Would not abuse t |
| Qualifications of Office of President • | Natural born citizen • 35 years old • 14 year resident o Not continuous • 4 year term o Originally no term limitchanges b/c of FDR • Twenty-Second Amendment o Limits to 2 terms or 10 years |
| Suffrage • | Not tradition- universal suffrage a new concept • Feared the people wouldn’t get it right o Lack of knowledge, bias etc. • Congress thought they could pick person for right reasons o Beholden to congress, depended |
| Electoral College • | Allows for balance to filter popular will • Power rests with state o Choose electors that then vote on president • 538 members o # of reps + # of senators + 3 for DC • Qualifications o Can’t be senators, reps or hold any federal office at all |
| How is the electoral college chosen? o | Now dominated by political parties o Parties pick slate of electors Vote for slate, not actual president Have republican and democratic slate and whoever wins, gets those votes • 48/50 states are winner take all o ME and NB not o Could make the |
| Election Restrictions o | Not allowed to vote for president and vice president from the same state • |
| Election of 1796 o | Winner=Prez, Runner up=VP o John Adams win (Federalist) o Thomas Jefferson runner-up (Democratic Republic) o Different parties=problem o Neither party could act together well enough so Fed. lost VP spot because of it • |
| Election of 1800 o | Tried to get Prez and VP from same party so all vote for both o It was a tie o Jefferson supposed to win o Burr refused to concede o Everyone voted on the same ballot to have control but then got a tie o Hamilton overseeing congress, hated Jefferson |
| Plurality o /Most votes but not majority HAVE to win majority or top 5 go to House(President) or Senate (VP) • | |
| Need ____ electoral votes to win | 270 • |
| If tie in electoral college for President… | oGoes to House, each state gets 1 vote |
| If tie in electoral college for Vice President… | oGoes to Senate, each state gets 1 vote |
| MA has ___ electoral votes o Used to have 16 votes Population decreasing | 12 |
| Fewest States needed to win is ___ • | 11 o CA, TX, NY, FL, IL, PA, OH, MI, NJ, GA, NC • |
| small state advantage o | More representation than the population o Allows president to win popular vote but lose electoral college All states have to have at least 3 votes • |
| Large state advantage o | Only need 11 states to win • |
| Rid of Electoral College? o | No, no attention to small states o Need ¾ to make amendment Small states wouldn’t vote • |
| Election Day o | 1st Tuesday after the first Monday of November every 4 years Voting for slate of electors o Electoral college meets the 1st Monday after the 2nd Wednesday in December o Ballots opened January 6th in the House before a joint session of congress o |
| 1841-Tyler replaces of W.H. Harrison | Knew VP took over for Prez, didn’t know if he just acted as prez until theres a replacement or if he vacant VP seat and becomes Prez Tyler became Prez o |
| 1947- Presidential Succession Act | Under Kennedy we had: dead Prez, almost dead VP, 80 yr old Speaker + Pro Tempo We need to figure out order of succession! PrezVPSpeaker of HouseSenate Pro TempoSecretary of StateSecretary of War/DefenseSecretary of TreasuryAttorney General |
| Unelected Administration of 1974 | 1973 Nixon and Agnew Agnew convicted of tax evasion and removed from office. Ford nominated as new VP 1974 Nixon and FordNixon forced to resign because of scandal. Ford become Prez and nominated Rockefeller as VP 1974 Ford and Rockefellerneither |
| Someone is skipped over in succession if… | Does not fit Prez qualifications (ex. not natural born citizen) Refuse position • |
| Washington’s addition to the Oath of Office: | “So help me God” |
| Article 2 Section 2- | Presidential Power • |
| They do not define the exact power of the prez, like they do with congress because they do not know what they will beit is a completely new position • | |
| President: Commander in Chief of | Army, Navy, Militia (air force, marines—not in constitution because didn’t exist them, added later) o |
| Congress Declares war | Prez runs war (split to delay the process/make it difficult to go to war) o |
| Prez gets more power in times of crisis | (emergency powers) o |
| Now want quick reaction to attacks/war because of advanced weapons | power leans towards prez so War Power Act… o |
| War Power Act | Prez still has power to react and send troops fast for up to 60 days, after that Congress must approve deployment • |
| President: Cabinet Chief o | Prez chooses his 12-15 person cabinet (who are the department leaders) o Cabinet serves at prez’s pleasure He can nominate and fire them Congress must approve by a majority vote • |
| President: Head of State/Diplomacy o | oChief diplomat Writes & signs treaties oneeds 2/3 approval of senate to ratify oExecutive agreement-day to day interactions Agreement with other nations that doesn’t need senate approval Congress veto them by majority |
| President: Appointments o | Prez appoints ambassadors, fed. judges oSenate has approves appointments |
| Pres powers: Reprieve- | accused/guilty of crime. Stays on record. No punishment • |
| Pres powers: Pardon- | correct miscarriage of justice. Legal forgiveness of a crime. No record or punishment. • |
| Pres powers: Commutation | -lessen sentence of punishment • |
| Pres powers: Amnesty | -legal forgiveness for a group (now: should be done for illegal immigrates?) |
| Article 2: Section 3 | -Presidential Responsiblities • |
| Pres Responsibilities: State of Union Address: | speech outlining agenda of the year. Given to joint session of Congress • |
| Pres Responsibilities: Joint Session of Congress: | done for dramatic events. Both groups of Congress together at one meeting • |
| Pres Responsibilities: Take Care Clause o | similar to the “Necessary and Proper Clause” ovague wiggle room to figure out what needs to happen to carry out duties • |
| Pres Responsibilities: | Executive order: takes on function of a law unless vetoed by Congress or Court • |
| Pres Responsibilities: | Balance between limited power (Articles of Confederation) and expanded power (GB Monarchy) • |
| Pres Responsibilities: | Most significant powers oCommander in chief oAppointment oVeto oMake treaties • |
| Pres Responsibilities: | Most significant limitations oOverriding veto oCongress declares war oApproval of Senate (appointment and treaties) Section 4-Impeachment • |
| Impeachment- | Purpose: to be able to peacefully get rid of bad leaders (tyranny) • |
| Impeachment- | Can Impeach all civil officers (Prez, VP, Judges) • |
| Impeached for: | treason, bribery, high crimes and misdemeanors |
| oRecess appointments: Appointed when congress is in recess Then they serve until congress is in sessioncongress has 1 session to approve otherwise they are vetoed Prez uses this to get around congress and appoint someone he knows they will veto | Appointed when congress is in recess Then they serve until congress is in sessioncongress has 1 session to approve otherwise they are vetoed Prez uses this to get around congress and appoint someone he knows they will veto |
| Article 3: Section 1: | Supreme Court (only court created by the constitution • |
| Started with __ justicesnow we have __ | 6 then, 9 now • |
| Justices o | serve for life o appointed by prez, approved by senate • |
| Chief Justice o | Duties: Choose who writes majority/minority opinion (whichever he is in) Opens debates Gives the oath of office to the prez Serves in impeachment trials Is appointed as chief justices (doesn’t work their way up) TodayJohn Roberts • |
| Lower courts (federal system) o | Judiciary Act of 1789establishes federal court system o DistrictAppealsSupreme |
| Article 3 Section 2: | Jurisdiction • |
| Federal courts jurisdiction | cases under constitution, US laws, treaties with foreign nations, diplomats, laws of the sea • |
| State court jurisdiction | cases within state, under state law, state constitution • |
| Trial by Jury o | Trial by jury in the state where the crime was committed o outlined in constitution o dates back to Magna Carta • |
| Jurisdiction o | Legal authority to hear and decide a case o Federal or State? depends what law they break • |
| District Courts o | US states and territories divided into legal districts, each with its own district court (94) o Geographically equal, instead of being divided based on population o Number of judges per district court is based on pop. o Original Jurisdiction o 80% of |
| 2 jury types in district court | Grand Juries (16-24) Petit Jury (6-12) • |
| Appeals Court o | Regional circuit courts o Hear appeals of lower courts people arguing that their trial was unjust/there was a legal mistake o Only defense can appeal o Appellate Jurisdiction • |
| Supreme Court o | Original, Appellate, Final jurisdiction o Only hear cases dealing with constitutional issues/real controversies/ones that plug gaps in laws/affecting large amounts of people o Cannot issue advisory opinion o 30% of decisions are unanimous • |
| Judicial philosophies o | Judicial Restraint-judges avoid overturning states (careful) o Judicial Activism- will overturn about anything (loose) o Strict Construction- narrowly interpret power of constitution o Loose Construction-broadly interpret power of constitution |
| Article 3: Section 3: | Treason • Only crime outlined in the constitution • |
| Punishment for treason o | Only convicted with 2 eye witnesses of the same act or a confession o Congress declares o Only punishes individual no corruption of blood (nothing that harms their family or future generations) o Most are pardoned o 1947: 1st treason convictionRosenb |
| ARTICLE 4 | Relationships among states • |
| article 4: Section 1: | “Full Faith and credit Clause” o Requires states to respect each other’s laws, records, and court rulings o Current issue: gat marriagelegal in some states, illegal in others • |
| Article 4 Section 2: | “Privileges and Immunities Clause” o“citizens of each state shall be entitled to all privileges and immunities of citizen’s in the state”cannot discriminate against citizen of another state o Exception: colleges can allow lower in state tuition • |
| Article 4 Section 3 | oNew states would be allowed (NW Ordinance) oNo knew state within jurisdiction of another oNo new state formed by joining states oCongress and state legislatures can consent to change the above 2 pts. -Congress shall have the power over all US proper |
| • Fugitive Slave Clause | slave owners have ~absolute right to pursue and bring back slaves who have fled, even into a state that has outlawed slaveryamendment XIII undoes this because it frees the slaves |
| Article 4Section 4: | “Guarantee Clause” • Every state has a representative government • Congress has power and obligation to protect states from invasion from foreign powers or uprising states •Legislature govner in each state can request federal help in times of emergency |
| Article 5 | Amendment procedures • |
| To Propose an amendment: | 1. Congress can propose an amendment with 2/3 vote in both houses 2. 2/3 of state legislature can call a constitutional convention to propose an amendment. • |
| To Ratify an amendment | 1. ¾ of state legislature 2. ¾ of special state ratifying convention • Each proposal can be ratified either way • States have the power of amendments so Congress doesn’t control the constitution. |
| Article 6 | Supremacy • All debts under Articles of Confederation still valid o Uncommon but we needed the credit • |
| Supremacy clause | oIf st. law conflicts with fed. law, the fed. wins oConst., laws, and treaties of federal government are supreme law oState judges must uphold Constitution even if state law conflicts •Officials of st. and fed. offices must swear to support the Const |
| ARTICLE 7 | ratification • Requires 9 out of the 13 states to ratify for the Constitution to go into effect (only in those 9 states) • |
| Final Day of ratification | o Federalists (support) v. Anti-federalists (against) o Anti-federalists fear size and power of this government FAIL- constitution is ratified but get the Bill of Rights o |
| Ben Franklin writes the closing speech | No perfectionthis is as good as it will get Focus on the big picture you agree with not the small details you don’t Trust the government • |
| sent off to states to ratify… gets passed eventually o | |
| Signing Order | Within the 1st 6-8 months: DE, PA, NJ, GA, CT, MA, MD, SC, NH |
| VA, Madison and Marshallwant Bill of Rights In NY Federalist Papers push for ratification by Madison, Jay, and Hamilton under the penname “Publious” | later but important because they divide ratified states into 3rd In VA A.F. Randolph and Henry v. F. |
| NC, RI refuse to ratify until Bill of Rights (RI waits for Bill of Rights to even present debate) • | |
| Ben Franklin: Rising sun. We have created a Republic |
Created by:
13willsl
Popular U.S. History sets