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US Constitution
US Constitution notes for WY teaching test
| Question | Answer |
|---|---|
| Supreme law of the land | U.S. Constitution |
| How is a vacancy in the U. S. House of Representatives filled? | Special election in the state |
| In what cases is the right to trial by jury assured? | all criminal prosecutions |
| Freedoms granteed by 5th amendment to a person accused of a crime? | Cannot be tried for a major offense except on indictment by a grand jury, cannot be tried forthe same offense twice, cannot be compelled to be a witness against himself, cannot be deprived of life, liberty, or property without due process of law. |
| Who presides if the President is impeached? | Chief Justice of U.S. Supreme CT. |
| Treason? | War against U.S. or comforting/aiding the enemy |
| How is a law "unconstitutional"? | if law is held by Supreme Ct. to be contrary to the provisions of the Constitution. |
| What cases does Supreme Ct have original jurisdiction? | cases affecting ambassadors, public ministers and consuls, cases in which two or more states are involved in appellate jurisdiction |
| What is meant by original and appellate jurisdiction? | Original-case that come initially to the ct for trail. Appellate- cases that come by appeal from lower cts. The Supreme Ct. generally exercises appellate jurisdiction |
| How does Congress elect a winner if no one candidate receives simple majority vote from the Electoral College? | The House selects President by simple majority and Senate selects V.P. by simple majority |
| 6 types of cases that federal Cts have jurisdiction | 1. Cases under U.S. Constitution or law or treaties of the US 2. Those affecting ambassadors 3. Those in which US is a party 4. between state and citizen of another state 5. Between states 6. between citizens of different states |
| How could a Supreme Ct judge be removed from office? | by impeachment |
| Term for Supreme Ct Judge | life unless removed for cause |
| Power of Judical branch | interpret laws |
| Supreme Ct membership | 1 chief justice, 8 associate justices |
| Judical Branch | Supreme Ct and such inferior courts as the Congress may provide |
| right of eminent domain | private property may be taken for public use only upon payment of just compensation |
| judical power held by the President | power to grand pardons and reprieves |
| What emergency legislative power rests with the President? | power to call special sessions of Congress |
| Veto power of President | may nullify a bill passed by Congress and send it back to the originating house for further consideration |
| President's Messages to Congress | Pres. annually advises Congress regarding that state of the nation, necessary legislation, and budget issues |
| Commander in Chief of the armed forces | President |
| If the U.S. Senate is in recess, how may the President fill vacancies by appt.? | By granting commissions which shall expire at the end of the next session |
| term of Congress | 2 yrs. |
| When do Pres and VP take office? | January 20th, following election |
| Term of office for Pres. and VP | 4 yrs |
| Who counts the votes for Pres. and VP? | U.S. Congress under the direction of the President of the Senate |
| How many members does each state have in the electoral college? | # of U.S. Senators and U.S. Representatives |
| Who elects the Pres.? | Electors are chosen by each state as directed by that state's legislature |
| Qualifications for Pres. | at least 35 yrs old and natural born citizen |
| head of executive branch | President |
| How is money provided for carrying on the busines of the federal government? | Appropriations must be passed by Congress before the money can be spent. |
| V.P has the power to vote in the Senate under what condition? | only when the Senate is equally divided |
| What is impeachment? What penalty may be inflicted by Senate? | Impeachment proceedings are brought against officers considered unfit to hold office. The penalty to be inflicted can consist only of removal from office and disqualifications for holding office under US gov't again. |
| 3 powers of Senate not possessed by the House? | 1. Trials of impeachments 2. ratification of treaties 3. approval of presidental nominations |
| What is and how is "overriding" the President's veto done? | Each branch of Congress again passes the vetoed measure by 2/3's vote, the bill becomes law regardless of Pres.'s veto. |
| President's legislative powers | Veto, messages to Congress, authority to call special sessions |
| Three branches and their powers | Legislative- to make laws, Executive- to enforce laws, Judical- to interpret laws |
| Congress's two branchs (Legislative branch) | US House of Representative, and US Senate |
| When does Congress regularly meet? | January 3rd of each year |
| Who calls special sessions of Congress? | President |
| qualifications for US House | at least 25 yrs., 7 yrs US citizenship, inhabitant of the state from which chosen |
| qualification for US Senate | at least 30 yrs, 9 yrs US citizenship, inhabitant of the state from which chosen |
| Who decides when and how Senators and Representatives are elected? | Legislature of each state, vacancies are by special election |
| Who is the judge of the election returns and qualifications of members of Congress? | Each house of Congress |
| How many Senators are provided by Constitution? | 2 from each state |
| What are the terms of office for each house of Congress? | House-2 yrs Senate- 6 yrs |
| Who are the presiding officers of each house of Congress? | House- Speaker of the House (elected by the House) Senate- President of Senate is the V.P of the US |
| Powers of the Speaker of House | Speaker assigns all bills introduced to appropriate standing committee, absolute control and limitation of debate in the House |
| Powers assigned to Congress by the Constitution | laying/collecting of taxes, borrowing money on credit of US, Regulating commerce between states, coining money, fixing standard of weights/measures, establishing post offices and post roads, grant patents/copyrights, declare war, raise/support army/navy |
| Powers denied Congress | suspending privilege of habeas corpus, passing bills or attainder or ex-post facto laws, grant titles of nobility, give commericial preference to any state, tax the exports of any state |
| basis for the Presidental cabinet | custom and usage |
| "implied powers clause" of the US Constitution | Art. 1 sec 8 par 18. gives Congress the power to make all laws necessary & proper for carrying into execution all powers of Congress & of gov't of US. Many Congress have been passed which could not have been antipated originators of the Const. |
Created by:
cadams627
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