constitution study guide
what is the preamble?
a brief introductory statement of the Constitution's fundamental purposes and guideline principles.
Article I covers what?
The Legislative branch
Article II covers what?
The Executive branch
Article III covers what?
The Judicial branch
what is double jeopardy?
the prosecution of a person twice for the same offense
Article V covers what?
the amending process
Article VI covers what?
the Supremacy Clause
Article VII covers what?
what are the first ten amendments known as?
The Bill of Rights
How many total articles are there?
how many total amendments are there?
twenty seven amendments
what is an amendment?
a minor change or addition designed to improve the Constitution
how many ways are there to formally amend the Constitution?
two ways: both legislative houses approve with a 2/3 vote, and the Constitutional Convention to be called by 2/3 of the legislatures of the United States.
House of Representatives: what is the length of the term?
House of Representatives: what are the qualifications?
at least 25 years old, citizen for 7 years, and lives in the state he is elected to represent
What is the number of representatives in each state? what is the minimum number per state?
at least one representative per state
what is the name of the position that is considered the leader of the House of Representatives?
the Speaker of the House
Senate: what are the qualifications?
at least 30 years old, citizen for 9 years, and lives in the state he is elected to represent
Senate: what is the length of the term?
How many Senators are there for each state?
There are two leadership positions in the Senate. name both of them
Vice President and President of the Senate
what is the number of terms a Senator or Representative may serve?
what are the Senate and House of Representatives known as collectively?
Article I, Section 8 talks about what?
the powers of Congress
Congress has the power to declare what, according to Article I, Section 8?
the power to declare war
Congress has the power to raise and support what?
raise and support armies
Congress has the power to lay and collect what?
lay and collect taxes
Congress has the power to coin what?
Congress has the power to create what?
What is a copyright?
a form of protection grounded in the US Constitution and granted by law for original works of authorship fixed in a tangible medium of expression
What is a patent?
the granting of a property right by a sovereign authority to an inventor
Who or what has the power to issue copyrights or patents?
explain the significance of Article I, Section 8, Clause 18
The Necessary and Proper Clause: to make all laws which shall be necessary and proper for carrying into execution
What are the denied powers listed in Article I?
Congress cannot make expo facto laws, cannot tax from any state, and no state shall enter into any treaty, alliance, or confederation
what is an expo facto law?
a law that retroactively changes the legal consequences of actions that were committed before the enactment of the law
What are the written qualifications for President?
US citizen from birth, at least 35 years old, lived in the US for at least 14 years
what is the electoral college?
they elect the president. each state is given a number of representatives equal to its senators and representatives
when is Presidential election day?
The president is considered to be the commander in chief of what?
state, executive, administrator, diplomat, legislator, party, and citizen
the president can make treaties with whose and how much consent?
the Senate with approving with a 2/3 vote
is the president's cabinet mentioned anywhere in the Constitution?
it is never mentioned in the Constitution itself
what are the reasons for impeachment?
committing treason, bribery, and other high crimes and misdemeanors
where is someone impeached?
The House of Representatives and the Senate have the sole power of impeachment
Who holds the trial if someone is impeached?
who presides over an impeachment trial?
The Judicial power of the United States is vested where?
the Supreme Court
the Constitution created only one court. what is it?
the Supreme Court
who sets up the inferior court
treason, the only crime defined in the Constitution, consists of what?
Levying war against enemies, adhering to enemies, and giving them aid and comfort
someone may not be convicted of treason without what?
direct evidence of two or more witnesses to the same overt act upon his or her confession under oath in open court
what is the supreme law of the land
in which article is the supremacy established?
in a case between national or state law, which would be supreme?
the first amendment gives US citizens what freedoms?
freedom of speech, religion, press, assemble, and petitioning the government
the second amendment gives US citizens what freedom?
right to bear arms
if someone is on trial, they are guaranteed what kind of trial?
a speedy and fair trial
what is double jeopardy?
the prosecution of a person trice for the same offense
may someone be subjected to double jeopardy?
no, as stated in the fifth amendment
states may not use what types of punishment?
cruel and unusual punishment
the fact that all citizens should be treated fairly by the law, in terms of arrest, sentencing, etc. is known as what?
to whom and what does the 10th amendment give power?
what is the length of term for the president?
to how many terms is the president limited?
what is the length of the term for a member of the Supreme Court?
as long as they choose, unless impeached
what branch is responsible for making laws?
the legislative branch
what branch is responsible for carrying out laws?
the executive branch
what branch is responsible for interpreting the laws?
the judicial branch
what are the only two roles spelled out for the Vice President in the Constitution?
succeed to presidency upon the death or resignation of a president, and residing over the Senate
what is the only condition specified by the Constitution concerning the nature of state governments?
each state shall have a republican form of government
what does Article VI say about administering religious tests to candidates for public office?
no religious tests shall ever be required as a qualification to any office or public trust under the United States
How many amendments have been repealed?
the only amendment that has been repealed is the eighteenth amendment