Name: ____________________________________________________________________________________________________________________________ Lap 3 – United States Constitution Study Guide

Preamble of the Constitution 1. What is the purpose of the preamble to the United States Constitution? The Purpose of the Preamble is to state why we, as Americans, wished to establish our government 2. According to the preamble, what did the delegates hope the Constitution would provide for the nation? Provide for the common defense, promote the general welfare, and to aid the American people

Articles of the Constitution Article I 3. Article 1 deals with the …Legislative Branch 4. Article 2 deals with the …Executive Branch 5. Article 3 deals with the …Judicial Branch 6. Article 4 deals with the …States Rights and States Responsibilities 7. Article 5 deals with the …How to amend or change the Constitution 8. Article 6 deals with the …National Supremacy or known as the “Supremacy Clause” 9. Article 7 deals with the …How the Constitution was ratified 10. Article 1 states that all legislative powers shall be vested in a Congress of the United States, which shall consist of a _____Senate__________________ and ___________House of Representatives____________. 11. How often are Representatives chosen? Every 2 years 12. What are the qualifications of a representative? a. –25 years of age b. –7 year citizen c. –Must represent the state in which you live in 13. What is the point of the United States Census? To determine populations in cities and states and to determine how many representatives a state will receive 14. What is the minimum number of representatives a state may have? 1 rep is the minimum 15. How many representatives does the United States have? 435 representatives 16. Which house has the sole power of impeachment? House of Representatives 17. How many senators are chosen from the states? 2 Senators per state 18. How many senators does the United States Congress have? 100 Senators in the US Senate 19. How many total Congressman does the United States have? 535 total Congressman 20. How long is the term for a Senator? 6 years 21. Why is a third of the senate turned over every two years? To ensure that new ideas get in the Senate 22. How long is one session of Congress? 2 years 23. What are the qualifications of a senator? a. –30 years of age b. –9 years a resident c. –must represent the state in which you live in 24. Who is the President of the Senate? Vice President of the United States 25. Does the President of the Senate have a vote? Exception? No, only in a tie. 26. What does the Senate do in terms of impeachment? The Senate acts as the jury for the trials of impeachment. 27. In the trial of impeachment, who shall preside over the trial? The Chief Justice of the Supreme Court. 28. What percent of the Senate must vote to impeach the President? 2/3 percentage is needed.

29. Which house has a President Pro Tempore? The Senate 30. What is a quorum? The minimum amount of members needed to conduct business in each house 31. Who punishes a Senator or Representative if they do something wrong? The senators and representatives punish one another if they make a goof or an error. 32. How long can the houses adjourn? 3 days 33. Who pays the Senators and Representatives? The United States Treasury pays the Senators and Representatives 34. What is a specific privilege that both Senators and Representatives receive going to and from their respective meeting place? They will not be arrested if they are on their way to do business, go to an important vote, or if they need to speak to Congress. Basically, if they are on their way to work they are nearly untouchable 35. Which houses are denied the privilege to serve in an additional governmental role (ex. Governor of a state and a representative)? Both houses, Senate and House of Representatives 36. The House of Representatives has the right to raise this type of bill only? Revenue or Appropriations. 37. Which house has the right to propose or concur with Amendments as on other bills? The Senate 38. What happens once a bill is voted on by both houses of Congress? Then it is sent to the President 39. If the President approves a bill what will he do? The president will then sign the bill 40. If the President does not approve the bill, where does it go? It goes back to the house that proposed it 41. What is the amount needed to overturn a president’s veto? 2/3 vote from both houses 42. What happens if the bill reaches the necessary amount? Then the bill becomes a law 43. What happens to a bill if the President does nothing with it in 10 days time? Then the bill becomes law 44. Do all bills need the President’s signature to come into law? No, they do not 45. The Congress shall have the power to… a. – The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States b. – To borrow money on the credit of the United States c. – To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes d. – To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States e. – To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures f. – To provide for the Punishment of counterfeiting the Securities and current Coin of the United States g. – To establish Post Offices h. – To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; i. – To constitute Tribunals inferior to the supreme Court j. – To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations k. - To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water l. - To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years m. - To provide and maintain a Navy n. - To make Rules for the Government and Regulation of the land and naval Forces o. - To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions p. - To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress q. - 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; And r. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. 46. The Congress shall not have the power to… a. – The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. b. – The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. c. – No Bill of Attainder or ex post facto Law shall be passed. d. – No Tax or Duty shall be laid on Articles exported from any State. e. – No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State. f. – No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

Article II 47. What is the purpose of Article II? To establish the office of the President and his powers 48. How long is the President’s term? 4 years 49. What qualifications does a candidate for President need to meet? a. –Must be at least 35 years old b. –14 year citizen c. –natural born citizen 50. If the President unexpectedly dies who takes over the role of President? Vice President 51. Can the President receive a pay raise during his time in office? No 52. "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." What is this known as? The Presidential Oath 53. What are the powers of the President? a. –Commander and chief of the armed forces b. –Has the power to grant pardons and reprieves c. –May appoint Supreme Court Justices; ok’ed by the Senate d. –May make treaties; ok’ed by the Senate e. –Has the power to fill vacancies in the Cabinet 54. How does the President officially consult with Congress? How can the President propose new ideas to the Congress? Through the State of the Union address 55. How can the President make the houses of Congress meet over their winter holiday? The president may call a special session of Congress 56. If the President breaks the law what is the consequence? He may be impeached

Article III 57. The power of the judicial branch will be vested in what type of court? The Supreme Court 58. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the Supreme Court shall have what? Original jurisdiction 59. The Trial of all Crimes, except in Cases of ___impeachment______________,shall be by Jury. 60. If you commit a crime where will your trial take place? The place or state the crime is committed in 61. How many Supreme Court Justices are there? 9 Supreme Court Justices

Article IV 62. Do you enjoy the same protection under the Constitution in Missouri as you would in Delaware? yes 63. If a person commits a crime in Minnesota and then flees to Missouri and is caught, where would that individual’s trial take place? Minnesota 64. Who controls all territories of the United States that are not states? The Congress 65. Can a local government, Florissant, form its own independent state within Missouri? No they cannot 66. The United States shall guarantee to every State in this Union a ____Republican_________________ Form of Government, and shall protect each of them against Invasion

Article V 67. The Congress, whenever ______2/3__________ of both Houses shall deem it necessary, shall propose Amendments to this Constitution 68. On the Application of the Legislatures of _____2/3_____________ of the several States, shall call a Convention for proposing Amendments

Article VI 69. Will the government under the new Constitution repay all past war debts owed to other nations? Yes 70. “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” What is this statement referring to? National Supremacy

Article VII 71. What is the number of states deemed to be sufficient enough to pass and ratify the Constitution? 9

The Bill of Rights Amendment I (1) 72. Congress shall make no law… a. –Freedom of religion b. –Freedom to practice whatever religion you wish c. –Freedom of Speech d. –Freedom of the Press e. –Right for the people to peaceably assemble and to complain

Amendment II (2) 73. A well regulated _______militia______________ 74. All citizens have the right to ___bear arms (weapons)___________________

Amendment III (3) 75. This amendment solves the problem of the Quartering Act instituted by the British government. Only in times of war may quartering of soldiers take place and then only in accordance with the law. This however will MOST LIKELY never happen due to America’s large infrastructure of military bases

Amendment IV (4) 76. The right of the people to be secure in their persons, houses, papers, and effects, against _________search__________________ and _________seizures________________, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V (5) 77. This amendment and everything laid out in this amendment has to deal with what? Trial and Punishments 78. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a ________________Grand Jury_______________________, except in cases arising in the _______Military or Militia__________________ 79. Nor shall any person be subject for the same offense to be twice put in _______Jeopardy _____ of life or limb 80. Nor shall be compelled in any criminal case to be a witness against _____________oneself____________ 81. Nor be deprived of life, liberty, or property, without ___________due process_________________ of law 82. Nor shall _____private property_______________ be taken for public use, without just compensation.

Amendment VI (6) 83. In all criminal prosecutions… a. – the accused shall enjoy the right to a speedy and public trial b. – by an impartial jury of the State and district wherein the crime shall have been committed c. – informed of the nature and cause of the accusation d. – confronted with the witnesses against him e. – to have compulsory process for obtaining witnesses in his favor f. -- to have the Assistance of Counsel for his defense.

Amendment VII (7) 84. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of __jury trial___ shall be preserved

Amendment VIII (8) 85. If you get a ticket for going 31 MPH in a 30 MPH zone and receive a $20,000 fine would be an example of what? An excessive fine 86. For that same ticket you just got you are then hauled off to jail and have a bail in excess of $1,000,000 this would then be an example of what? Excessive bail 87. For that same ticket you just got and besides having that massive fine and bail the judge then orders that your hand be severed and receive a lashing (being struck by a whip) every year on the anniversary of the ticket. This would be an example of what? Cruel and unusual punishment

Amendment IX (9) Not an answerable question, this is simply an explanation. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” In short, this saying that the Constitution is not here to restrict individual freedoms or rights. The Constitution is here to protect your rights.

Amendment X (10) 88. If the federal government does not have the power therefore the power is given to the? To the state

Amendments 11 and 12 Amendment XI (11) Not an answerable question, this is simply an explanation. “The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” Amendment XI limits the jurisdiction of the federal courts to automatically hear cases brought against a state by the citizens of another state. Later interpretations have expanded this to include citizens of the state being sued, as well.

Amendment XII (12) 89. This amendment deals with how two influential positions in the executive branch are chosen. What two influential positions do I speak of? President and Vice President 90. If I receive the greatest number of votes then I am elected to be the _____President______________________. 91. If I receive the second greatest number of votes than I am elected to be the ___Vice President_________.

The Reconstruction Amendments Amendment XIII (13) 92. This amendment is abolishing _____Slavery and all conditions of forced servitude____ once and for all in the United States. 93. Can this exist anywhere in the United States anymore, even if that area is not a state? No

Amendment XIV (14) 94. The purpose of Amendment XIV is to ensure that all freed-peoples receive basic what? Basic human, civil, and natural rights 95. Why is this amendment significant? It is considered to be the first civil rights amendments

Amendment XV (15) 96. “The right of citizens of the United States to ____vote________ shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude {slavery}” 97. At this time, who does this Amendment leave out? Women 98. This amendment only grants the right to ____________vote______ to _____male_________ citizens.

The Progressive Amendments Amendment XVI (16) 99. “The Congress shall have power to lay and collect ________taxes________________ on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.” Explanation or Translation: This amendment deals with the Congress being able to raise a tax on income, income tax

Amendment XVII (17) 100. “The Senate of the United States shall be composed of ________2____________ Senators from each State, elected by the _______people_______________, for six years; and each Senator shall have one vote.”

Amendment XVIII (18) 101. 102.

This Amendment directly deals with the manufacture, sale, or distribution of what? Alcohol Is this law still in effect today? No, it was repealed by the 21st amendment

Amendment XIX (19) 103. This amendment finishes what the 15th amendment started by granting who the right to vote? Women are granted the right to vote.

20th Century Amendments Amendment XX (20) 104. The terms of the President and Vice President shall end at noon on the____20th ______ of January; the terms of Senators and Representatives at noon on the _____3rd_________________ day of January.

Amendment XXI (21) 105. 106.

This amendment repeals the _________18th amendment____________________. The 18th amendment outlawed _______the sale, production, and distribution of liquour______.

Amendment XXII (22) 107. No person shall be elected to the office of the President more than _______Twice_______________, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.

Amendment XXIII (23) Not an answerable question, this is simply an explanation. Amendment XXIII states that the District of Colombia will now be able to vote in the Presidential election

Amendment XXIV (24) 108. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay _____a duty or poll tax___________.

Amendment XXV (25) 109. In case of the removal of the President from office or of his death or resignation, the _____Vice President________ shall become President 110. Whenever there is a vacancy in the office of the Vice President, the _____President______________________ shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress

Amendment XXVI (26) 111. “The right of citizens of the United States, who are _____18 years_____ of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.”

Amendment XXVII (27) Not an answerable question, this is simply an explanation. Senators or Representatives may not receive a pay raise until after the next election takes place in the House of Representatives.