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35 terms

Constitution

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A1 Section 1
Legislative powers lie in House of Reps and Senate
A1 Section 2
House of Reps
-Reps serve for 2 years, run as many times as they want, 25 yrs old, citizen/resident of state they serve
-Powers: all pieces of finance start here, impeachment (formal charge for high crimes and misdemeanors with 2/3 to accuse)
A1 Section 3
Senate
-6 year term, 30 yrs old
-Advice and consent: any presidential appointments, justices, treaties
-Impeachment trial (needs majority)
A1 Section 4
Meetings of Congress
A1 Section 5
Need quorum to vote with Congressional Record on every debate, both houses must agree to adjourn
A1 Section 6
Senate can vote on their own salaries for next term, can't hold any other federal office
A1 Section 7
Bill --> Law
Proposing: 2/3 of states legislature or Congress approve
Passing: 3/4 of states legislatures or population of state voting on issue approve
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Bills come from local constituents, president, reps, senators
-Starts in House of Reps, 2/3 to approve
-Sent to Rules Committee - read it, put in correct format, make sure there's no overlap, can kill or pass it
-If passed, sent to Special Committee - experts on that subject, can kill it
-Goes to floor debate
-Vote
-To Senate Committee, Debate, then Vote
-Sometimes Senate Committee and Special Committee join in Joint Committee to rewrite bill, ensure it gets passed
-If passed, president needs to sign
-If he vetoes, 2/3 vote in Senate can override
-If 10 days left in congressional session, bill becomes law without a signature
-Less than 10 days left, bill is vetoed POCKET VETO
A1 Section 8
Powers of Congress
-Lay and collect taxes
-Pay debt
-Borrow money on credit of US
-Regulate commerce
-Establish uniform Rule of Naturalization, coins, laws
-Establish Post Offices
-Patents and Copy Rights
-Establish federal courts
-Declare war
-national guard as part of national defense
-Make all laws necessary and proper to enforce aforementioned
A1 Section 9
Powers denied to Congress
-Habeas Corpus (writ shall not be denied, can't be thrown in jail without reason)
-Can't treat states differently
A2
Executive
-35, natural born citizen
-Electoral college
-Most power in foreign policy, treaties with consent of Senate
-Mostly influential stuff in domestic policy
-Can make appointments with consent of Senate
-Can make certain executive decisions without legislative approval
A3
Judicial
A4
Citizens have same rights and privileges of their states when they enter another state
First Amendment
Speech, press, assembly, redress of greivances, religion (two clauses: Establishment and Free Exercise)
Establishment Clause
no established religion under the state
Free Exercise Clause
you can publicly exercise your religion
Second Amendment
Right to bear arms, militia of the state
Third Amendment
Quartering Act
Fourth Amendment
Rights against unreasonable search and seizure
Must have warrants (from reasonable suspicion or exigency)
Fifth Amendment
Prior to the conviction
Double Jeopardy Clause, can't be witness against yourself, due process, private property can't be taken without compensation, must be formally charged (eminent domain, power to take private property for public use)
Sixth Amendment
Criminal prosecutions, post conviction
-No shipping you overseas
-Speedy and public trial
-Confronted by witnesses
-Know cause and accusation
-Does not say gov. will pay for defense
-Equal Protection Clause post civil war
-Have assistance of Council
Double Jeopardy Clause
cannot be tried for the same crime twice
Seventh Amendment
Law suits
Eighth
Cruel and unusual punishment, no excessive fines
Ninth
If the rights aren't listed, people can still have them
Tenth
Rights not in Constitution nor disallowed are given to states or people
13th
Frees slaves and no involuntary servitude
14th
Equal protection under the law
15th
Allows black men to vote
19th
Women can vote
26th
18 years to vote (Vietnam War)
Checks and Balances Between Federal Powers
-Impeachment (L on E)
-Veto (E on L)
-2/3 Overriding Veto (L on E)
-Judiciary deeming laws unconstitutional (J on L)
Powers of the State
Anything federal gov hasn't prohibited or mentioned
-Traffic
-marriage
-Controlled Substances
-Education
-Land Use
Checks on People
-Electoral College
-Old way of non-direct election of senators by members of state legislature)
Bill of attainder
Can't be charged, convicted, punished without due process
Elastic Clause
Broad powers to the government so it can carry out aforementioned powers "necessary and proper"