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APUSH Constitution Test Study Guide

APUSH Constitution Test Study Guide

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1. What are the terms and requirements to be a US Representative, a US Senator, and a US President?

US Representative: 2 year term; at least 25, US Citizen for 7 years, resident of that state US Senator: 6 year term; at least 30, US Citizen for 9 years, resident of that state, US President: two 4 year terms; at least 35, natural born US citizen, live in the US for at least 14 years 2. What are the provisions for a state’s representation in the House of Representatives and the US Senate? How many members are in the House and the Senate? House of Reps: Based on population Senate: 2 Senators per State Members: 100 in Senate, 435 in House of Representatives 3. Explain how the Electoral College works. In general, people elect electors to the electoral college. Each state gets a number of electors equal to its number of Senators plus the number of members of the House of Representatives. Some states require electors to vote based on a party or the popular vote, but there is no federal requirement for electors to vote a certain way. 48 states have a winner takes all policy which means that whoever gets the popular vote gets all of the electoral votes. There are 538 members. 4. What is the elastic clause? Also known as the Necessary and Proper Clause, delegates Congress any law-making ability that is necessary to carry on the powers of the constitution. 5. What are Congress’ delegated powers? Also known as the Enumerated powers, they are the following: a) To lay and collect taxes, duties, imposts, and excises for the purpose of paying debt or providing for the wellbeing of the nation b) To borrow money on credit c) To regulate Congress with foreign nations and between states d) To establish uniform rules on Naturalization and bankruptcy e) To regulate the value of and coin money. To fix the standard on foreign money. f) To provide punishment for counterfeiting money g) To establish post offices and post roads h) To promote science and art by securing to inventors the exclusive right to their discovery for some time (patents?) i) To create courts smaller than the Supreme Court j) To define and punish crimes committed against the US on the sea k) To declare wars and make rules of the terms of capture l) To support an army, but no money will be given for more than two year terms m) To maintain a navy n) To call forth the army o) To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United

States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; 6. Give examples of Congress’ implied powers. National Bank, Military Draft, 7. What is the purpose of the Preamble of the US Constitution? “The preamble states the fundamental purposes, principles, and goals of the government established by the Constitution. Its purpose is to generally define the reasons behind the Constitution, establish what justifies a government, and explain how its citizens have come to create one.” 8. Outline Article I-VII of the US Constitution. (one sentence thesis for each article) L.E.J.S.A.C.-R. a) Article I: establishes the Legislature, including both houses’ terms and requirements, how bills become law (and how the president can stop bills from becoming law), limitations and capabilities of Congress, and limitations of the states. b) Article 2: establishes the Executive, including Presidential terms and elections, powers and duties of the president, and impeachment c) Article 3: establishes the judiciary branch, including the Supreme Court, term of judges, the kind of cases heard first by the Supreme Court, and what the Crime of treason is d) Article 4: establishes guidelines for States, including admittance, whether one state has to follow another state’s laws, policies for fleeing criminals, and the government’s duty to protect the states. e) Article 5: the process of Amendment—how to change the constitution. f) Article 6: deals with the Constitution and the US, including that the Constitution is supreme law, that all officers swear an oath of allegiance to the Constitution, and that the US assumes all debts acquired under the Articles of Confederation g) Article 7: Ratification—9/13 original states 9. Outline the amendments of the US Constitution. (one sentence for each amendment) a) 1st Amendment: Freedom of religion, speech, meeting, petition, and press b) 2nd Amendment: Right to bear arms c) 3rd Amendment: People can’t be forced by the army to give soldiers room and board d) 4th Amendment: The government can’t take your private belongings or you without a valid warrant based on good reason e) 5th Amendment: Criminal rights—you can’t be held unless you are properly accused, due process is guaranteed, can’t be tried for the same crime twice, you can’t be forced to testify against yourself, and that the government can’t just take your stuff without compensation f) 6th Amendment: More Criminal/Judicial Things—speedy trial, impartial jury, the accused can confront witnesses, and the accused must be allowed to have a

lawyer g) 7th Amendment: “guarantees a jury trial in federal civil court cases. This type of case is normally no longer heard in federal court.” h) 8th Amendment: Punishments will be fair and no extremely huge fines will be set i) 9th Amendment: Other rights may exist and just because they are not stated here does not mean they can be violated j) 10th Amendment: All powers not given to the government are delegated to the states and the people k) 11th Amendment: A state can be accused by citizens of another state l) 12th Amendment: The president and VP run on a ticket; anyone running for the VP has to be qualified to be president m) 13th Amendment: Abolished slavery n) 14th Amendment: Gave citizenship to blacks; ensured they got rights at the state level too o) 15th Amendment: Gave suffrage to blacks (race cannot be a criteria for voting) p) 16th Amendment: US can collect income tax regardless of population (graduated income tax) q) 17th Amendment: Direct election of senators r) 18th Amendment: Prohibition s) 19th Amendment: Suffrage to women t) 20th Amendment: New start dates for president and congress; handles what would happen if a president died before being sworn in u) 21st Amendment: Repealed prohibition v) 22nd Amendment: A max of 2 four year terms for each president; if a VP has to assume the presidency, the maximum term becomes ten years w) 23rd Amendment: Washington DC gets 3 electors in the presidential race x) 24th Amendment: Abolished the poll tax y) 25th Amendment: “clarifies even further the line of succession to the Presidency, and establishes rules for a President who becomes unable to perform his duties while in office.” z) 26th Amendment: Any person 18 or over may vote aa) 27th Amendment: “any law that increased the pay of legislators may not take effect until after an election.” 10. What are majority and minority leaders? In the House and Senate, elected leaders of each group (the minority and the majority) who speak for and represent their party 11. What are party whips? “A whip is an official in a political party whose primary purpose is to ensure party discipline in a legislature. Whips are a party's "enforcers", who typically offer inducements and threaten punishments for party members to ensure that they vote according to the official party policy.” 12. Outline the process by which the Constitution can be amended. a) Proposed by: the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by

two-thirds of the State legislatures b) The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. c) The Archivist submits the proposed amendment to the States for their consideration by sending a letter. The Governors then formally submit the amendment to their State legislatures. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are found to be in good order, the Director acknowledges receipt and maintains custody of them. d) A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). 13. What is a filibuster? What is censure? A filibuster is the use of obstructive tactics to delay or prevent a vote on a proposal. A censure is a formal process to punish a President, a member of congress, or a judge. When censured, the person does not lose their elected position but does have to give up any committee chairs they hold. 14. Explain the purpose and process of the impeachment process. a) Impeachment begins in the House: -The Chairman of the Judiciary Committee will propose a Resolution calling for the Judiciary Committee to begin a formal inquiry into the issue of impeachment. -Based on their inquiry, the Judiciary Committee will send another Resolution to the full House stating that impeachment is warranted and why -The Full House will debate and vote on each Article of Impeachment. -Should any one of the Articles of Impeachment be approved by a simple majority vote, the President will be "impeached." However, being impeached is sort of like being indicted of a crime. There still has to be a trial, which is where the US Senate comes in. b) Trial in the Senate i. The Senate receives all articles of impeachment and creates a trial ii. During the trial, the president gets lawyers, the prosecutors are drawn from the House, and the Justice and entire Senate acts as the jury iii. In open session, the Senate will vote. 2/3rd vote results in conviction. The Senate may also vote, by majority, to prohibit the president from holding any public office ever c) Purposes: To punish and remove the president from office for, generally, the following crimes: i. Exceeding the constitutional bounds of office ii. Behaving in a way that goes against the purpose and proper function of office iii. Employing the power of office for personal or inappropriate purpose 15. Who are the current Illinois Senators? (give party, also) 1) Richard Durbin, Dem 2) Mark Kirk, Rep

16. Who must approve of appointments made by the President? The Senate 17. Who are the current Supreme Court justices, and who is the chief justice? John G. Roberts Jr. (CHIEF JUSTICE) Antonin Scalia Anthony Kennedy Clarence Thomas Ruth Ginsburg Stephen Breyer Samuel Alito Sonia Sotomayor Elena Kagan, 18. How may Supreme Court rulings be changed? “Supreme Court decisions can only be overturned in two ways: a) Legitimate Methods i. The US Supreme Court reverses a decision on an earlier case by making a contradictory decision on a current case. ii. Congress and the States can overturn a decision by amending the Constitution.
 b) Illegitimate Methods i. the Executive Branch obstructs or fails to enforce a decision. 
 ii. Congress rewrites legislation to bring it into compliance with constitutional guidelines iii. Congress strips the Supreme Court of its appellate jurisdiction over certain types of cases to deprive them of the ability to overturn a law or policy. iv. states pass laws that clearly violate Supreme Court decisions, forcing someone with standing to challenge the new law's constitutionality 19. Explain ex post facto law. A law that retroactively (i.e. prior to official enactment) changes the legal consequences of actions or relationships that existed before. For example, pronouncing something a crime and the person who committed it a criminal even though it was legal when that person did it. 20. Explain writ of habeas corpus. The writ of habeus corpus is a legal action through which someone demands sufficient proof for why a prisoner is being kept and the court desides whether this detainment is lawful. It is a way through which unlawfully detained prisoners can be released. 21. Explain double jeopardy. A defense that forbids someone from being tried again on the same (or similar) charges after the first trial had a legitimate conviction 22. What is a bill of attainder? An act where any person(s) is declared guilty and given punishment without a trial

23. What are the executive departments? (list) State Treasury Defense Justice Interior Agriculture Commerce Labor Health and Human Services Housing and Urban Development Transportation Energy Education Veteran’s Affairs Homeland Security 24. Who belongs to the current presidential cabinet? (name and position) Vice President: Joseph R. Biden Department of State
Secretary Hillary Rodham 
Department of the Treasury
Secretary Timothy F. Geithner
 Department of Defense
Secretary Leon E. Panetta
Department of Justice
Attorney General Eric H. Holder, Jr.
Department of the Interior
Secretary Kenneth L. Salazar
Department of Agriculture
Secretary Thomas J. Vilsack
Department of Commerce
Secretary John E. Bryson
 Department of Labor
Secretary Hilda L. Solis
 Department of Health and Human Services
Secretary Kathleen Sebelius
 Department of Housing and Urban Development
Secretary Shaun L.S. Donovan
 Department of Transportation
Secretary Ray LaHood
 Department of Energy
Secretary Steven Chu
 Department of Education
Secretary Arne Duncan
 Department of Veterans Affairs
Secretary Eric K. Shinseki
 Department of Homeland Security
Secretary Janet A. Napolitano 25. **What are the requirements for Supreme Court justices, and how long do they serve? They serve for life and there are no formal requirements (?????) 26. Who has the power to admit new states? Congress 27. Who negotiates treaties, and who must approve those treaties? The President negotiates treaties, the senate approves them

1. Explain the situation surrounding the Connecticut compromise and the provisions






7. 8.


of the compromise. In 1787, there was a conflict between big and small states. Big states supported the Virginia Plan, which was representation in the legislature based on population. Small states supported the New Jersey Plan, which was representation with no regard to population. The Connecticut Compromise brought together the two by making one house—the Senate—independent of population, and the other house- House of Representatives—based on population. Explain the situation surrounding the Slave Trade compromise and the provisions of the compromise. Northern states thought the economy was relying too much on slavery and so they wanted to ban the importation of slaves. The South thought their economy wouldn’t survive without slavery. To pacify both groups, the Slave Trade Compromise—which let the slave trade keep running for 20 years after the constitution was ratified—was implemented. After that, Congress had the power to ban the importation. Explain the situation surrounding the Commerce Compromise and the provisions of the compromise. The South did not want tariffs because the Southern economy relied heavily on trade. The North wanted tariffs because it wanted to be protected from foreign competition. The Commerce Compromise allowed the government to tax imports but not exports to attempt to appease both groups. Explain the situation surrounding the 3/5th Compromise and the provisions surrounding the compromise. The South wanted slaves to count as people when determining representation but not taxation. The North wanted the opposite. The 3/5th Compromise established that slaves would count as 3/5ths of a person when determining both representation and taxation in an attempt to pacify both groups. What does the Speaker of House do? Who is the current Speaker? Current Speaker is John Boehner (Rep). The Speaker of the House is a leadership position for the majority party and his job is to actively carry out his party’s legislative agenda though he typically does not preside in debates. What does the president pro tempore do, and who is the current president pro tempore? The Vice President is considered the president of the Senate, but the president pro tempore is the elected “secondary president of the Senate. The current president pro tempore is Daniel Inouye (Dem). If the Vice President is absent, the P.P.T. may rule on points of order. Other abilities include appointing officers and commissions and is the legal recipient of certain Senate reports. Who is the official leader of the Senate? Vice President What are powers called that are shared between the federal and state government? Concurrent Powers What is the purpose of the legislative branch? To write, debate, and pass bills. It can also regulate commerce, declare war, coin

money, and manage the military. 10. What is the purpose of executive branch? To enforce laws made by the legislative branch 11. What is the purpose of the judicial branch? To resolve disputes that arise from laws and interpret legislation while trying cases. 12. How does the executive branch check the legislative and judicial branches? The executive checks the legislative by having the ability to veto. The executive checks the judicial by having the job of appointing judges to the Supreme Court. 13. How does legislative branch check the executive and judicial branches? The legislative checks the executive by having the ability to still pass a bill if the president vetoes it (by a 2/3rd majority). The legislative checks the judicial by having the ability to determine “the size of the Supreme Court and limiting its appellate jurisdiction. It can also establish and dismantle lower federal courts.” The legislative can also check both branches by having the power of impeachment of both judicial and executive officers. 14. How does the judicial branch check the executive and legislative branches? The judicial branch can rule the certain laws passed are unconstitutional and thus, void. 15. What are executive independent agencies? Give examples. “agencies that, while constitutionally part of the executive branch, are independent of presidential control, usually because the president's power to dismiss the agency head or a member is limited.” Examples: Federal Election Commission, Federal Communications Commission, National Transportation Safety Board, Social Security Administration 16. What does appellate jurisdiction mean? Appellate jurisdiction is the ability to review and change the outcome of cases that have already been settled in a lower court 17. What kinds of cases may originate in the Supreme Court? Two kinds: Those concerning ambassadors and other public ministers and those that are to settle disputes between the states. 18. How is a president chosen if no one wins a majority of Electoral College votes? “The House would select the President by majority vote, choosing from the three candidates who received the greatest number of electoral votes. The vote would be taken by State, with each State delegation having one vote.” 19. What is the process to override a presidential veto? What is a pocket veto? The process to override a veto is a 2/3rd majority vote in both houses of Congress. A pocket veto is an indirect veto where the president does not sign a bill within the 10day signing period and Congress adjourns it. This type of veto cannot be overridden. 20. What is judicial review? The judicial branch’s power to review treaties/bills and declare them unconstitutional. 21. **What are reserved powers? Powers that the Constitution does not give to the government and that are reserved to the states.

22. What powers are forbidden to the states, as stated in Article I? 23. What are the special duties of the US Senate? What are the special duties of the US House of Representatives? Special duties of the Senate are that it conducts the trial for impeachment, the Senate decides the winner for vice presidential candidates if one fails to win an electoral majority. It also shares certain executive powers with the president -confirmation of appointments, including both executive branch officials and judicial branch nominees, and ratification of treaties.” Special duties of the House of Reps are “impeaching officials, initiating spending bills, and choosing the president in the event of a deadlock in the Electoral College.” 24. What are powers forbidden to Congress in Article I? Congress could not limit the slave trade until 1808. a) The Writ of Habeas Corpus can't be suspended unless in times of rebellion. b) No Bill of Attainder law can be passed and No Ex-post Facto law can be passed. c) (No direct tax can be laid (this limitation removed by the 16th Amendment)) d) No tax on state exports can be laid. e) No preferences of one state over another can be laid in tax or regulation policy. f) No tax money can be spent except by an explicit law passed by congress. g) No titles of nobility may be granted” 25. Explain the full faith and credit clause. Explain the supremacy clause. The full faith and credit clause states that each state must respect the laws and judicial decisions of other states. The supremacy clause: “the ‘Constitution, and the Laws of the United States … shall be the supreme Law of the Land.’ It means that the federal government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power.”

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