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Federal Constitution Test Study Guide
Terms in this set (85)
Which article begins "All legislative powers herein granted shall be vested in a Congress"?
What does the elastic clause give Congress the power to do?
To pass laws that are necessary and proper to uphold its power.
War may be declared only by whom?
Who has the power to "lay and collect taxes"?
All bills to raise money for the federal government must be proposed in which house?
House of Representatives
The 17th Amendment requires Senators to be chosen how?
Popular election throughout the entire country.
How were Senators originally chosen?
By State Legislatures.
How many U.S. Senators are up for election every two years?
One-Third (continuous body)
Who chooses the President Pro Tempore of the Senate?
What determines the number of Representatives each state will get?
The population of each state.
Who chooses the Speaker of the House of Representatives?
The House of Representatives vote - all of the House.
Who delivers the annual State of the Union address to Congress?
How much in each house of Congress equals a quorum?
A majority - 218 in the House of Rep. and 51 in the Senate.
The 16th Amendment gives Congress the power to do what?
To lay and collect taxes on incomes.
Representation Based on(House of Rep. and Senate):
House of Rep: Population
Minimum # of Representatives per state(House of Rep. and Senate):
House of Rep: At least 1
Senate: At least 2
Length of Term(House of Rep. and Senate):
House of Rep: 2 years
Senate: 6 years
Total Number of Representatives or Senators:
House of Rep: 435
Minimum Age(House of Rep. and Senate):
House of Rep: 25 years old
Senate: 30 years old
Citizenship Requirements(House of Rep. and Senate):
House of Rep: 7 years
Senate: 9 years
Salary per year(House of Rep. and Senate):
House of Rep: $174,000
Non-Salary Compensation and Privileges (both houses)
Health care plan, 401k, tax deduction, travel allowance, free parking, franking privledge(free mail), may not be arrested or prosecuted, and immune from slander while speaking.
Reapportion (when is it done and how it affected Illinois recently)
A redistribution of seats in the House(but still stays at 435) due to State's changing populations.
After each decennial census(10 years). Illinois lost a seat in the House.
The entire state is represented by them so the entire state votes on them.
Single member district
A representative is elected by people defined by a geographic area.
When the House reapportions, they have to redraw the political boundaries to the advantage of one party or another.
Not all seats are up for reelection. Staggering the terms of its members to prevent more than a minority of seats from changing in a single election.
Function of the Speaker of the House
Runs the House
Function of the President of the Senate
Is the vice president. Takes over if the president dies. Breaks ties in the Senate.
Function of the President Pro Tempore
Leads in vice president's absence in the Senate. 4th in line for the presidency.
Function of Floor Leaders
Carry out party decisions.
A party's enforcers.
List the special powers for the House of Representatives (3)
1. All bills to raise money must start in the House
2. Impeach officials
3. In a Electoral College "Tie" - choose new president
List the special powers of the Senate (4)
1. Treaties Approved
2. Approve Presidential Appointments
3. In a Electoral College "Tie" - choose new vice president
4. Impeachment trial held in the Senate.
How old must a Presidential candidate be?
35 years old
How long are presidents elected for?
In a Presidential election, the candidate with the majority of whose vote wins? How many of these votes does each state get?
The Electoral College
Votes per state= ( # in the House of Rep.) + ( # of senators)
Who decides the winner if no candidate for President receives the majority of the electoral votes?
The House of Rep.
The 20th Amendment states the President's term begins when?
January 20th at noon.
Who pledges to "Preserve, protect, and defend the Constitution"?
The president during the presidential oath.
Who usually administers the Presidential oath?
Chief Justice of The Supreme Court
True or False: Chief of State, Chief Executive, Commander in Chief, Party Chief, Chief Administrator, Chief Diplomat, Chief Legislator and Chief Citizen are all roles of the President described in the Constitution?
What must the president do when there is no one holding the job of Vice President?
Nominate a new Vice President
How does Congress override a Presidential veto?
2/3 vote in both houses
Who approves treaties made by the President?
Who impeaches the President?
The House of Reps.
Where are impeachment trials held?
Who presides over an impeachment trial?
Chief Justice of the Supreme Court
Which Amendment limits the President to two terms?
Who are the 1st 3 people in line of the Presidential succession?
1. Vice President
2. Speaker of the House
3. President Pro Temport of the Senate
Who nominates Supreme Court justices?
Who determines the meaning of the different parts of the Constitution?
Who has the power to create the lower courts?
What is original jurisdiction?
The power to hear a case for the first time
What is appellate jurisdiction?
The power of a higher court to hear a case on appeal
True or False: The Constitution specifically states the number of justuces on the Supreme Court and gives it the poerr of judicial review.
9 Judges of the Supereme Court
Who confirms Supreme Court justice nominations by the President?
What power of the Supreme Court was established by Marbury vs. Madison?
Judicial Review - The power to declare laws and acts of the president unconstitutional.
How long are Supreme Court justices appointed for?
How does Congress propose a Constitutional Amendment?
2/3 of both houses
Who ratifies Constitutional Amendments?
3/4 of The State Legislatures
What five things are guaranteed by the 1st Amendment?
Freedom of speech, religion, addembly, and petition of the government
What things are guaranteed by the 4th Amendment?
No illegal search snd seizure
What two things must a search warrant state (4th Amendment)?
1. Where they are looking
2. What they are looking for
Which Amendment states "No person shall be deprived of life, liberty or property without dur process"?
The 5th Amendment
What is due process of law?
Every person is guaranteed that the standard legal steps will be followed every time.
What five things are guaranteed by the 5th Amendment?
1. due process
2. grand jury in cap
3. no double jeopardy (charged twice for the same crime)
4. no self-incrimination ("I plead the 5th")
5. eminent domain(government must pay for property taken)
What things are guaranteed by the 8th Amendment?
No cruel and unusual punishment.
What rights did the 19th Amendment give to people?
The right for women to vote, women suffrage
What four groups of people were given the right to vote by Amendments? (include the Amendment #'s)
1. Women (19th)
2. African Americans (14th)
3. Residence of Washington D.C. (23rd)
4. Young Americans(18-21 years old) (26th)
What is the supreme law of the land?
Anything under the constitution
What does "consent of the governed" mean?
We voluntarily allow the government to rule over us.
Give an example of our representative form of government.
We vote on Senators/House of Rep./Aldermen/City council members. Anyone that we vote on that represents us in government (vote for us).
True or False: The system of checks and balances set up in the Constitution applies only to actions between the three branches of out federal government.
Who was the presidng officer at the Constitutional Convention in 1787?
During the Constitutional Convention of 1787: Which plan favored the large states?
Virginia Plan. The reps. were bases on population
During the Constitutional Convention of 1787: Which plan of government favored the small states?
New Jersey Plan. 2 delegates per state(equal reps.)
During the Constitutional Convention of 1787: How was it resolved?
The Connecticut(or "Great") Compromise. 2 Houses, the House of Rep and Senate.
House of Rep based on population
Senate based on equality(2)
After the Constitutional Convention of 1787, what condition did several states put on their willingness to ratify the Constitution?
If they added The Bill of Rights( 1st 10 Amendments)
What did the Constitution say about political parties?
"of the people, by the people, for the people"
Government by consent - people are the power of the government and only exists because the people say so
Seperation of Powers
Legislative, Executive, Judicial, is split into 3 groups/people
Checks and Balances
If one group tries to take too much power, the different branches can limit the power with checks and balances.
A court can declare laws or acts of president unconstitutional.
We have a written constitution where the power is divided between a national government and state government
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