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Terms in this set (54)
first article of the Constitution-makes laws
combination of House of Representatives and Senate
House of Representative requirements
25 yrs.old, 7 years a citizen, 2 year term
30 yrs. old, 9 years a citizen, 6 year term
Speaker of the House
head of the House of Representatives, 3rd in line for the presidency
Vice president of the United States
breaks ties. head of the Senate
is made up of preamble, 7 articles and 27 amendments
first three articles
are considered nuts and bolts of the federal government
How a bill b/c a law
Article 1, section 7
a proposed law
Article 1,Section 8
Necessary and Proper Clause- a/k/a Elastic Clause
Necessary and Proper clause
expands or "stretches" the power of government includes: powers of congress, enumerated powers and implied powers
listed specific powers
NOT listed, but for ex. post office- can buy trucks,hire people,etc.
2nd article of the Constitution= president. vice pres. and cabinet- job: to enforce laws
35 yrs.old, 14 years a citizen and a natural born citizen
has term of 4 years.
How a bill b/c a law steps
bill ( proposed ) goes to House -committee-debate & vote then senate- committee- debate & vote- if yes- goes to Pres. MUST BE SAME VOTE FROM BOTH
Two houses in the legislative
powers of the president
commander-in -chief, negotiates treaties, picks federal judges, supreme court, and ambassadors
broadly defined in the "necessary and proper clause"
manager in the senate
majority leader of the senate, right now- Dem., 4th in line for presidency
The president has this power. , no one can change it. The president can set someone free
"writs of habeus corpus"
A right where you have to informed of why you are in jail or you have to be released .
Article 1, Sec. 9 Powers denied to "Congress"
No bill of Attaindee
Art.1,Sec.9 law that puts you in jail and states you are guilty.
powers denied to congress
ex postfacto law
Law that declare things illegal that legal when done. " after the fact."
Seven articles of constitution
Art.1-legislative branch, Art.2 Executive branch,Art.3 Judicial Branch, Art. 4 relationship among states,Art.5.amendment process, Art.6 National Supremacy, Art.7 ratification
first 10 amendments of the Constitution
BILL OF RIGHTS
5 parts- RAPPS-- freedom of Religion, Assembly, Press, Petition and Speech
Freedom of Speech
any way of expressing yourself, never allowed to restrict content of what you say
Limits to our Speech
when it presents a "clear & present danger"It can be restricted according to Time,Place, and Manner.
Freedom of Religion
1.Free exercise clause- individual right to your religion. 2. Establishment Clause- Country can not impose a Religion. Government can not be too intermingled with religion.
Freedom of Assembly
gather w/o people when in private but in a public situation you can not w/o following laws
Freedom of Petition
when you formally complain.
Right to a gun. Debate: Individual's rights vs. States rights
No quartering of soldiers
They cannot live with you.
A warrant is required to search / seize material. Have to describe what they are searching.
There is a "Reasonable expectation of privacy." -your house, office, medical records.
a reason to search your home or property.
Exceptions to 4th amendments
1.Plain view doctrine- if seen ,can take
2.Exigent circumstances- if yelling ,can go into house-emergency circumstances
3. Consent- can waive rights
automobile exceptions- more exemptions to 4th amendments
can be open to public view, can search because it is mobile and reasonable that people can look inside
" Terry Stop"
Stop and Frisk-- part of 4th amendment
five rights in this amendment
1. indictment by a grand jury ( charged )
" Is there enough evidence for trial? "
2. Double jeopardy- can not be put on trial for crime twice if you were not convicted.
3. Self -incrimination- ( take the fifth)
Right to remain silent
4. Due Process- ( a fair process)
5. Just compensation- Power of Gov't. to take private property for public use ( purpose)
Different kinds of jury
Petit- decide if someone is guilty
Grand Jury-- decide if there is a crime-enough evidence for an indictment.
not specifically in Constitution-
It is right to remain silent and the right to an attorney.
The distribution of power between the Federal Government. and the State Government.
1. Right to an attorney
2. Speedy and Public Trial
3.Be advised of the charges against you
4. Right to confront witnesses-cross-examination
6. compel witness- subpoena
a court order for you to be a witness to testify ( compel) in a court case.
Jury trial in Civil cases
No excessive bail or fine
No cruel or unusual punishment
deposit of money to the Court designed to ensure your appearance at trial.
you have rights not listed -There are more rights than listed
Federalism- distribution of power
Powers given to Federal Government and State Government powers not given to the National Government are left to the states.
7 Principles of the Constitution
Popular Sovereignity, Limited Government,
Separation of Powers, Checks and Balances, Federalism, Republicanism and Individual Rights.
When you can be removed from your office- President
House of Representatives impeaches-brings charges.
The trial is in the Senate ( conviction)