Download US Government: A Basic Overview of the Constitution and its Branches and more Exams Advanced Education in PDF only on Docsity!
THE BAR NEW EXAM!!!
A constitution - ANSWER the principle, structure and laws to establish and support thegov. Things we can and can't do. Stays in check by the people and protects from tyranny/ total power. Constitution - ANSWER The united states constitution Preamble - ANSWER The opening paragraph of the Constitution and tells what foundingfathers set to do. Structure of what we need to do
how the constitution is organized. - ANSWER Article, Section, Clause popular sovereignty - ANSWER Rule by the People federalism - ANSWER The division of power of the national government exclusive powers/ Delegated powers - ANSWER National government powers concurrent powers - ANSWER shared powers between the national gov and state Separation of Power- ANSWER To divide the government into three branches to havechecks and balances on the executive. Afraid it would be a three-headed monster.
Checks and Balances- ANSWER Checks and balances- a way to make surepre-determined parts of the government don't have too much power
Government Limitations- ANSWER The government is a system of government that isbound to certain principles of action by state constitution.
Article I - ANSWER legislative branch and what it can and cant do, powers of congress. bicameral - ANSWER having two branches in congress- great compromise House of Representatives - ANSWER represents the people- based on population-Lower house but bigger with 435 members with 2 year terms. Each state has at least 1 member. 25 years or up 7 years a citizen and lives in state- serve district reapportionment - ANSWER Redrawing representation in the legislative body. enumerated or expressed powers - ANSWER how three separate government branchesof the central government function- tax, coin money, raise an army, trade, postage, etc.
implied powers - ANSWER powers not directly named in the Constitution but implied-named in Article I. CARRY OUT THE LAWS
elastic clause- ANSWER to make laws carry out necessary and proper for the powers ofthe government-Keeps in tact and says what is and isn't. allows congress to stretch its powers commerce power- ANSWER to regulate commerce among foreign nations and theseveral states, and tribes- huge congressional power
power of the purse- ANSWER The influence that legislatures have over public policy-huge congressional power
Congress non-legislative powers - ANSWER investigate- president and institutions impeach- make a formal statement saying that a public official is guilty
Federal Court System- ANSWER established under article 3 in constitution the othercourts are established by congress
jurisdiction - ANSWER power to hear a case, the right to be heard District Court - ANSWER to hear cases for the first time do 90% of work minimum of onein each state
Circuit/ Appeals Court - ANSWER Double check- to hear cases from lower courts 12throughout country
Supreme Court- AP established by constitution has 9 members- say what the law is judicial review - AP reviews/ checks other branches, checks and balances anddetermines if its unconstitutional.
precedent - AP Say what a law is- affects law in all states. Bill of rights - ANSWER To protect our rights and ratify the constitution- the first 10amendments of the constitution with a balance of individual rights and the rights of community. (listing of freedoms) the "Five Freedoms" - ANSWER The first 5 amendements- Religion, Speech, Press,Assembly, and Petition
establishment clause - ANSWER Congress cant pass a law is establishment of a religion.No promotion of demotion of a religion.
free exercise clause - ANSWER Congress can't mess with practicing your religion,dressing and eating, prayer.
speech - ANSWER The freedom of speech. Pure speech- spoken words speech plus- words and actionsymbolic speech- actions obscenity - ANSWER offensive, rude or repulsive by accepted standards of moralityslander and libel - ANSWER If a person suffers injury to his or her reputation as a result of another person's statements written and spoken prior restraint - ANSWER Can't stop you from publishing something until it is published. time, place, and manner - ANSWER What the government can limit on your assembly freedom of expression - ANSWER wear what you want say what you want do what youwant as long as its legal.
Amendment 2 - ANSWER The Right to Bear Arms 4th Amendment - ANSWER No Illegal Search- except in. car, airplane, game. Only canbe checked for probable causes
exclusionary rule - ANSWER a law barring illegally seized evidence from being used incriminal trial. Due process of law
5th Amendment - ANSWER Rights of the Accused- no double jeopardy, due process oflaw, no self incrimination double jeopardy - ANSWER Cant be juried 2 for same crime Due ProcessNo self incrimination - ANSWER Have the Right to remain silent.
Article 7 - ANSWER ratification 9 out of 13 Establish Justice - ANSWER Being fair to all Ensure domestic tranquillity - ANSWER peace within the country, avoiding chaos andrebellion against the public- rights.
Provide for the common defense - ANSWER Grants the federal government to maintain amilitary Article I to raise and maintain an army,
promote the general welfare - ANSWER encouraging the widespread health, happinessand fortunes of Americans.
secure the blessings of the liberty - ANSWER Secure our freedom What about Federalism? - ANSWER It makes sense! The National government has morepower but the states have more powers, National Govs power is limited by the people who follow the constitution. concurrent - ANSWER shared powers Legislative - ANSWER THE UNITED STATES CONGRESS, HOUSE OF REPRESENATIVES The senate ANSWER Represents the states based on equality- upper house 100members 2 per state 6 year staggered terms. 30 years, 9 years a citizen, live in represented state. Congress ANSWER Propose constitutional amendments, legislative branch- two houses
Executive Branch ANSWER The office of the president. The Vice President ANSWER President of Senate, votes in case of tie, takes over ifpresident goes bye bye
Cabinet- ANSWER To attend to some specific executive tasks/ 15 departments/Secretaries-agriculture, defense, education, homeland security, labor, state, transportations, etc. Independent Executive Agencies- ANSWER Regulate commisions and protect publicinterests, operate gov. corporations. Agency outside the cabinet oversees NASA, BFI, CIA What does the president do? - ANSWER Cant do everything because of checks andbalances, He isnt the only person in the branch, other people follow prez and the prez works for the people. How the framers choose a president - ANSWER -Have Congress choose, but may upsetbalance of branches
- Have the State legislative choose, but the president wont have national power- Let the people decide, but the people were uneducated.
Original Electoral college - ANSWER -Each state has as many as they have senators(congress)
- Each elector casts two votes for president- Person with majority electoral votes win (second highest, vice president)
- No campaigns of parties 1796 - ANSWER Two political parties developed, federalists and the democraticrepublicans- jerferson vp and adams p- bank
State Powers - ANSWER Local governments, schools, state commerce, marriage,protect health.
Legislative Branch - ANSWER The United States Congress House of representatives Leadership - ANSWER Speaker of the house- leader of partysecond in line to presidency Majority Speaker- Speakers top assistantMinority Speaker- organizes opposite party
The Senate Leadership - ANSWER Vice president- The president of Senate, votes forties President Pro tempore- Majority Party leader, ceremonial position Majority leader- most influential person in senateMinority Leader- organizes opposite party
Conservative - ANSWER Highly republican Liberal - ANSWER Highly Democratic How a Bill Becomes a Law-ANSWER It first starts as an idea created by people who wantto make a change, then they write it and send it to Congress and it becomes a bill. You get debated by Congressmen at Capital House. Then, it goes to the President to sign orveto. Checks and balances.
How did the framers decide to elect a president ANSWER president would be chosen byelectors. Electoral College ANSWER The system of How the president is electedJudicial Branch ANSWER Say what the law is and enforces it Federal Judges ANSWER appointed by the president confirmed by the senate and have
their terms for life. Defimation ANSWER Lying about someone and ruining their reputation. amendment 3 - ANSWER No quartering Troops Amendment 7 - ANSWER Jury trial in Civil Cases The electoral college today - ANSWER -electors are chosen to vote for a canadatr in acertain party
- each state has as many electors as people in congress
- each elector gets 2 votes-people vote for elector, the canadate which wins most people votes in the state wins all the states electoral votes
- to become president you have to win 50% or 270 of electoral votes.- in a tie for president, goes to house of rep- each state has 1 vote -in a tie -vp, goes to senate- each state has 1 vote examples of checks and balances - ANSWER -judicial checks the executive: judicialreview -executive checks the judicial: hires justices who evaluate judges for fairness-Legislative Checks the Judicial: can remove judge who isn't working properly -Judicial Checks the Legislative: remove law if its unconstitutional -Executive Checks Legislative: executive can veto-Legislative Checks Executive: impeach the president, override veto, investigate, confirm. Why is the constitution important? - ANSWER it protects individual freedom, and itsfundamental principles govern the United States. The Constitution places the government's power in the hands of the citizens. It limits the power of the governmentand establishes a system of checks and balances.
