US Constitution Study Guide

Constitution Test Study Guide Bill of Rights: 1. Freedom of speech, assembly, petition, religion, press 2. Right to bear arms 3. Gov’t cannot force people to house soldiers without consent 4. No searches or seizures without official warrants or probable cause. 5. Right to not testify against oneself, no double jeopardy, no property taken w/o just compensation, right to due process of law 6. Right to a speedy and public trial by jury, right to be informed of crime, right to obtain witnesses in favor 7. Right to trial by jury preserved for civil cases, and no re-examination of facts by any court 8. Excessive bail, excessive fines, nor cruel nor unusual punishments may be inflicted. 9. Right to do things not explicitly stated in the constitution. 10. The powers not given to federal gov’t go to states or people. How a bill becomes a law: 1. An idea 2. Congressman writes bill 3. Bill needs to garner support + sponsor 4. Bill is introduced and sent to all congressmen and committees in that house. 5. Committee members debate bill and may send it to subcommittee. 6. If voted to return to floor, bill is debated by congressmen. 7. Bill is read off and changes are recommended. 8. Bill is then voted on. 9. If majority vote yes, bill passes to other house. 10. See steps 5-8. 11. If majority vote yes, bill passes to president. 12. President can: a. Sign it, in which case it becomes law b. Veto it, in which case it is sent back to congress for another vote, but this time ⅔ must support it to override veto. c. Do nothing, in which case if congress is in session, after 10 days it becomes a law. Term lengths: ● President: 4 years ● Senator: 6 years ● Representative: 2 years ● Justice: Life or until resignation Elections: ● Presidential: ○ ● ● ● Must be a natural-born citizen, at least 35, and resident of US for at least 14 years ○ Every 4 years. Representative: ○ At least 25 years old, citizen of the US for at least 7 years, @ time of election, be a resident of the state. ○ Every 2 years Senate: ○ At least 30 years old, citizen of US for at least 9 years, @ time of election,be a resident of the state. ○ Every 2 years, but only ⅓ up for reelection at a time. Justice ○ No requirements. Candidates are nominated by the President of the United States and must face a series of hearings in which both the nominee and other witnesses make statements and answer questions before the Senate Judiciary Committee, which can vote to send the nomination to the full United States Senate. Confirmation by the Senate allows the President to formally appoint the candidate to the court. Veto: ● The president can veto a bill, which prevents it from becoming law unless Congress approves the bill with a ⅔ majority. ● If president does not sign it, it becomes law after 10 days if congress is in session, or it does not if congress isn’t (pocket veto) Separation of powers: ● Three branches of gov’t ○ Legislative ■ Makes laws ■ Confirms pres. appointments ■ Controls budget ■ Declares war ■ Can impeach president ○ Executive ■ Sign/veto laws ■ Makes appoints to supreme ct. and other offices ■ Can pardon ■ Commands army ○ Judicial ■ Can declare actions of president or laws unconstitutional(not part of the constitution) ■ Judges are free from presidential control once on ct. Bicameral legislature: Two houses: ● ● House of Representatives: ○ 435 members ○ Representation based on state populations ○ See “Elections” above for requirements to be a representative ○ Initiates all revenue bills ○ Initiates impeachment bills Senate: ○ 100 members ○ 2 senators per state ○ See “Elections” above for requirements to be a representative ○ Approves treaties and presidential appointments ○ Tries impeached officials Powers of the Constitution: ● Eminent Domain: the government can take private property for public use in return for “just compensation” for the owner ● Commerce Clause: Congress has the power to regulate international and interstate commerce. ● Taxation Clause: The U.S. government has the power to tax the people only to pay its debts and to provide for the defense and common welfare of the country. ● Impeachment: The President, the VP, and other gov’t officers can be removed from office if they are impeached and convicted of treason, bribery, or other severe crimes. Only senate can try those impeached, chief justice presides over the trial. ● Pocket veto vs. veto: A veto is when the president refuses to sign a bill and returns it to Congress, while a pocket veto is when Congress is adjourned and the president cannot return the bill to congress within 10 days ● Borrowing Money: Congress can borrow money on the credit of the U.S. ● Citizenship + Immigration: All people born or naturalized in the U.S. and those who are subject to its rule, are citizens of the U.S. ● Bankruptcy: Congress can make laws regarding bankruptcy throughout the U.S. ● Coin Money: Congress has the power to coin money and regulate its and foreign money’s values. No mention of paper money in Const. Full faith and credit: Each state has to respect the actions, proceedings, and legal judgements of other states. Privileges and immunities: States cannot discriminate against citizens of other states. Copyright and patent protection: Congress has the right to grant writers and inventors exclusive right to their work and discoveries, respectively, for a period of time (to promote scientific and artistic progress). Marbury v. Madison: Established the power of judicial review, i.e. the ability for the supreme court to declare laws unconstitutional. Amending the constitution: ● An amendment can be proposed by either ⅔ of Congress or by a convention called by ⅔ of state legislatures. ● To become an amendment, must be ratified by ¾ of the states. Amendments: 11. A state can only be sued by a resident of that state. 12. The Electors must cast separate votes for Pres and VP instead of 2 votes total 13. Outlawed slavery 14. Born or naturalized = citizen 15. Voting cannot be denied because of race 16. Congress can collect income tax 17. Senators are elected by people, vacancies are temp. Filled by appt. 18. Prohibition 19. Women’s rights to vote 20. President starts term on 20th of Jan, Congress starts Jan 3rd 21. Repeals prohibition 22. Max 2 presidential terms 23. Gives D.C. electoral college voters 24. Outlawed poll taxes 25. Establishes line of succession after Pres 26. Voting age 18 27. No change in Congressional pay takes effect until the new congressional term Constitution signed September 17, 1787 at Constitutional Convention in Philadelphia. Alternative Study Guide: U.S. Constitution Study Guide ❖ Rights in the Bill of Rights ➢ 1st Amendment ▪ Freedom of Religion ▪ Freedom of Speech ▪ Freedom of Petition ▪ Freedom of The Press ➢ 2nd Amendment ▪ Right to Bear Arms ➢ 3rd Amendment ▪ No Quartering ● Quartering is the act of providing both housing and food for soldiers. ➢ 4th Amendment ▪ The government cannot search or take someone’s property without reasonable cause ▪ A search warrant can only be issued if the government has reasonable cause to believe that someone may be hiding something that could show that a crime was committed ➢ 5th Amendment ▪ Right to due process ▪ Cannot be tried for same crime more than once ▪ No forced self-incrimination ➢ 6th Amendment ▪ Rights of people accused of crimes ● Can question witnesses ● Right to a jury trial ● Right to a speedy trial ● Right to a lawyer if the accused cannot afford one ➢ 7th Amendment ▪ A jury may be requested in civil suits involving twenty dollars or more ➢ 8th Amendment ▪ No cruel or unusual punishment ▪ No excessive bail ➢ 9th Amendment ▪ Rights not listed in the Bill of Rights are, in some cases, still given to the people ▪ Rights of these kind are argued in court ➢ 10th Amendment ▪ Any power not given to the central government is given to the states ❖ How a Bill Becomes A Law 1 The Bill begins as an idea, which is then legally written by a representative 2 The Bill is proposed, because it has the sponsorship of other representatives 3 In US House of Representatives the bill is introduced when it is put in a hopper and then the speaker of the house sends the bill to one of the standing committees 4 When the bill reaches committee, the committee members—groups of Representatives who are experts on topics such as agriculture, education, or international relations— review, research, and revise the bill before voting on whether or not to send the bill back to the House floor. a If the committee members would like more information before deciding if the bill should be sent to the House floor, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval. 5 The bill is reported to the house, when the committee has approved a bill, it is sent—or reported—to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives. 6 As a bill is debated, Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on. 7 There are three methods used of voting in the house of representatives a Viva Voce: The representatives vote by saying “aye” or “no” b Division: The speaker of the house asks those who affirm to stand and then those who negate to stand c Recorded: The representatives vote using an electronic system, where “present” can be chosen to abstain from voting 8 If the bill passes it sent to the U.S. Senate. When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. a Senators vote by voice, where those who affirm say yea and those who negate say nay 9 When The bill reaches the president, he has three choices a To sign and pass the bill making it a law b He can veto the bill and send it back to the House of Representatives with reasons as to why it shouldn’t become a law ● If two-thirds of the people in the House of Representatives and Senate still support the bill, then the president’s veto is overridden and the bill becomes a law ● The senate and house of representatives vote separately c Do nothing (a.k.a. a pocket veto) ● If congress is in session then the bill becomes a law after ten days ● If congress is not in session then nothing happens to the bill and it remains a bill 10 The Bill becomes a law and is enforced by the government if it passes this stage ❖ Terms of Offices ➢ A term in the House of Representatives is 2 years ➢ A term in the Senate is 6 years ➢ A term of presidency lasts 4 years ▪ A president can only serve 2 terms ➢ The term of a federal judge is from day appointment to day of death ▪ Chiefs have terms of 7 years and must be under 65 years of age to be appointed ▪ Bankruptcy judges have terms of 14 years ➢ Governors have terms of 4 years ▪ There is no limit to the number of terms that an Illinois governor can serve ➢ Illinois supreme court justices serve 10 year terms ❖ Elections ➢ Election of President ▪ Spring of the year before an election – Candidates announce their intentions to run. ▪ Summer of the year before an election through spring of the election year – Primary and caucus debates take place. ▪ January to June of election year – States and parties hold primaries and caucuses. ▪ July to early September – Parties hold nominating conventions to choose their candidates. ▪ ▪ ❖ ❖ ❖ ❖ September and October – Candidates participate in Presidential debates. Early November – Election Day ● This does not directly choose the president ● It only tells the electors of each state who to vote for ● Electors in the electoral college are chosen based on the number of districts in a state plus its number of senators (always 2) ▪ December – Electors cast their votes in the Electoral College. ● Electors can theoretically go against their district’s vote, but there has been only recorded case of this anomaly in Louisiana ● Electors will 99% of the vote based on their district ▪ Early January of the next calendar year – Congress counts the electoral votes. ▪ January 20 – Inauguration Day Veto Powers ➢ The president may veto a bill sent to him by congress and send it back ➢ If congress really wants to pass the bill then a collective vote of two-thirds of congress to pass the bill can override the veto and pass the bill Separation of Powers ➢ The Government is divided into three branches ▪ The executive branch ▪ The judicial branch ▪ The congress ➢ The US uses separation of powers to provide checks and balances for each branch of government ▪ The president’s veto power can be overridden by congress ▪ The congress power to pass laws is kept in check by the supreme court which can declare a law unconstitutional ▪ The judicial branch is appointed by the president and confirmed by congress ▪ The congress has two houses which can check each other because both have to agree to pass a bill Bicameral Legislature ➢ Congress has two chambers ▪ Senate ● Two people per state ● 100 people total ▪ House of Representatives ● Number of people per state is proportional to their state’s population ● There are 435 people total ➢ The legislatures work in tandem ➢ The original constitutional convention agreed on bicameral legislature through the Sherman compromise Powers of the constitution ➢ Eminent Domain ▪ ➢ ➢ ➢ ➢ ➢ ➢ The power to take or appropriate any land within its borders for any purpose that it deems necessary or beneficial. ▪ The government must fully compensate the owner of the land if it takes land that is privately owned Commerce Clause ▪ Congress has the authority to regulate trade between states and foreign nations. This does not include the manufacturing of the products or the products. The clause only includes the process of moving the products between states or in the case of foreign nations, the process of moving the products between the said foreign nations and the US. Taxation ▪ In article one, section eight, clause one, the constitution states that congress has the power to levy taxes and duties to pay for the defense and general welfare of the United States ▪ Federal taxes must be uniform among all the states ▪ The 16th amendment states that congress can levy income taxes without regards to census data or allocation of the States Impeachment ▪ The constitution says that the president, vice president, and all other civil officers can be tried for impeachment ● They will be impeached if they are convicted of treason, Bribery, or any other high crimes or misdemeanors ▪ The house of representatives always creates a list of allegations against the party ● The list will pass based on a vote with simple majority (i.e. 50% or more vote to pass the allegations to the senate) ▪ The senate will try all cases of impeachment ● When the president is being tried then the chief justice will preside the case ● In order to successfully impeach someone two-thirds of the senate needs to vote against the involved party ▪ The punishment of impeachment will extend no further than removal from office ● The convicted party will lose all benefits of the American government and will be subject to regular prosecution by the law in any separate cases after impeachment How is a pocket veto different from a veto ▪ A pocket veto occurs when a president does not act on a bill and if congress isn’t in congress then nothing happens to the bill. Therefore, a pocket veto. ▪ A normal veto occurs when the president rejects the bill and sends it back to the house of representatives Borrow Money ▪ Congress is allowed to go into debt to pay for government programs and services. Deficit spending by the government was fairly rare in peacetime through much of American history, but has been quite common in recent decades. ▪ It is interesting that the US still has a triple A credit rating (the best possible kind) Immigration and Citizenship ▪ Congress has the power to set up a process for immigrants to become American citizens. (The idea that America is a "nation of immigrants" is thus embedded right in the Constitution.) ▪ The US militia (national guard) has to be composed of citizen soldiers ▪ The constitution has no direct rule over immigration policy ▪ It does explain that the original constitution only provided its laws for the welfare of current citizens and their descendants ● This is why we have laws that ignore immigrants ➢ Bankruptcy ▪ Laws dealing with this are governed under the constitution ▪ Congress can pass laws on bankruptcy as long as the cover all the states ➢ Coin Money Paper Currency ▪ Only congress can coin and print money ● Only they can directly regulate its value ▪ States cannot have their own form of money ❖ Copyright and Patent Protection ➢ What is a patent? ▪ A patent for an invention is the grant of a property to the inventor, issued by the US Patent and trademark office. Patents only protect inventions in the US. ▪ 3 types of patents ● Utility – protect processes, machines, manufactured items, or compositions of matter. ♦ Ex.: medicine or electronics ● Design – protect new original, and ornamental designs for manufactured items. ♦ Ex.: design of athletic shoes or an automobile body ● Plant – asexually reproduced and distant plant varieties. ♦ Ex.: hybrid tea roses or better boy tomatoes ● Patent applications are usually submitted with various forms and a fee ● Forms have basic information ♦ Applicant name, design title, cross reference to related application, summary of the invention, drawings with explanations, and a detailed description ➢ What is copyright? ▪ Copyright is the legal right granted to a creator of an original work of authorship to control the publication, production, sale, or distribution of the work ● Includes literary, dramatic, musical, artistic, and certain other intellectual works ▪ People with copyright over their work need compensation if someone wants to use their work ❖ Importance of Marbury v Madison ➢ This was the first time that Supreme Court was established as a court that could try the constitution itself. ➢ This was the start of judicial review ❖ Amending the Constitution ➢ Step 1: Proposal ▪ An amendment can be proposed by either a two-thirds vote in Congress, including both the House of Representatives and the Senate, or a national convention made up of two-thirds of the states. ● All our current amendments were proposed by Congress. ➢ Step 2: Ratification ▪ Next, the amendment has to be ratified. It can be ratified by either three-fourths of the state legislatures or by state conventions in three-fourths of the states. ● Only the 21st amendment used the state convention method. ❖ Amendments ➢ 11th (February 7, 1795) ▪ This amendment set limits on when a state can be sued. In particular it gave immunity to states from law suits from out-of-state citizens and foreigners not living within the state borders. ➢ 12th (June 15, 1804) ▪ Revised the presidential election procedures. ➢ 13th (December 6, 1865) ▪ This amendment abolished slavery and involuntary servitude. ➢ 14th (July 9, 1868) ▪ Defined what it means to be a US citizen. It prohibits states from reducing the privileges of citizens and ensures each citizen the 'right to due process and the equal protection of the law'. ➢ 15th (February 3, 1870) ▪ Gave all men the right to vote regardless of race or color or whether they had been slaves. ➢ 16th (February 3, 1913) ▪ 0Gave the federal government the power to collect income tax. ➢ 17th (April 8, 1913) ▪ Established that senators would be directly elected. ➢ 18th (January 16, 1919) ▪ Prohibition of alcohol, making alcoholic drinks illegal. (It would later be repealed by the Twenty-first Amendment) ➢ 19th (August 18, 1920) ▪ The 19th amendment gave women the right to vote. It's also called women's suffrage. ➢ 20th (January 23, 1933) ▪ Gave details on the terms of office for Congress and the President. ➢ 21st (December 5, 1933) ▪ This amendment repealed the Eighteenth Amendment. ➢ 22nd (February 27, 1951) ▪ Limited the president to a maximum of two terms or 10 years. ➢ 23rd (March 29, 1961) ▪ ➢ ➢ ➢ ➢ Provided that Washington, DC be allowed representatives in the Electoral College. This way the citizens of Washington DC would have a vote for the president even though they are not officially part of a state. 24th (January 23, 1964) ▪ Said that people don't have to pay a tax, called a poll tax, in order to vote. 25th (February 10, 1967) ▪ This amendment defined the presidential succession if something should happen to the president. The first in line is the Vice-President. 26th (July 1, 1971) ▪ Set the national voting age at 18. 27th (May 5 or 7, 1992) ▪ States that Congressional salary changes cannot take effect until the beginning of the next session of Congress. Note stated by Dr. Smith: The Bill of Rights is very important, and all questions are historical.