US Congress Structure and Powers

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Questions and Answers

What does the Full Faith & Credit Clause require states to respect?

The financial obligations of other states

The public Acts, Records, and judicial proceedings of every other state (correct)

The constitutional amendments of the federal government

The voting rights of citizens in other states

Which of the following is NOT a power reserved for state governments?

Regulate trade within the state

Conduct elections

Establish foreign treaties (correct)

Create corporation law

What is the main function of the extradition clause?

To ensure federal authority over local crimes

To demand the return of a fugitive from another state (correct)

To allow states to form alliances

To protect the rights of incarcerated individuals

How can a new state be formed in the United States?

By obtaining admission from Congress Signup and view all the answers

Which clause guarantees that citizens of each state have the same privileges as those in other states?

Privileges and Immunities Clause Signup and view all the answers

What was the main conclusion of the Supreme Court regarding Georgia's plan to remove the Cherokee people?

It was found unconstitutional. Signup and view all the answers

How did the Loving v. Virginia case impact interracial marriage in the United States?

It legalized interracial marriage. Signup and view all the answers

Which amendment did the Supreme Court cite in Tinker v. Des Moines to protect students' rights?

First Amendment Signup and view all the answers

What was the result of the Obergefell v. Hodges ruling concerning same-gender couples?

All states were mandated to recognize same-gender marriages. Signup and view all the answers

In the context of the Supremacy Clause, what impact did the Supreme Court decision have on state laws?

Federal laws take precedence over conflicting state laws. Signup and view all the answers

Which case established the precedent for students' rights to free speech in schools?

Tinker v. Des Moines Signup and view all the answers

What significance did the Obergefell v. Hodges case have on broader social issues?

It was the first case to establish marriage equality for same-gender couples. Signup and view all the answers

What principle underpins the Equal Protection Clause of the 14th Amendment as highlighted in the Loving case?

Equal treatment under the law for all citizens. Signup and view all the answers

What principle was established by the Supreme Court’s decision in Marbury v. Madison?

Judicial review Signup and view all the answers

Which clause allows Congress to enact laws deemed necessary and proper for executing its powers?

Necessary and Proper Clause Signup and view all the answers

How did the Supreme Court rule in McCulloch v. Maryland regarding the state's ability to tax the national bank?

Maryland was prevented from taxing the national bank Signup and view all the answers

What was the outcome of the Gibbons v. Ogden case in terms of federal power?

It significantly expanded federal power Signup and view all the answers

What message was conveyed by the Supreme Court's saying, 'the power to tax involves the power to destroy'?

Taxation can be used to undermine federal authority Signup and view all the answers

In Worcester v. Georgia, what position did the missionaries, Butler and Worcester, take?

They defended the Cherokee people's rights Signup and view all the answers

The interpretation of which clause was central to the Gibbons v. Ogden case?

Commerce Clause Signup and view all the answers

What impact did the decision in McCulloch v. Maryland have on the federal-state relationship?

It enhanced the authority of the federal government over states Signup and view all the answers

Study Notes

House of Representatives

Maximum membership: 435 members
Election cycle: Every two years
Representation: Based on population; a census is taken every 10 years
Election method: Elected by the people
Qualifications: Must be 25 years old, US citizen for 7 years, and a resident of the state represented
Special powers/facts: Create bills related to taxes; the Speaker of the House is the leader

Senate

Maximum membership: 100 members
Election cycle: Every six years
Representation: Equal per state
Election method: Elected by the people
Qualifications: Must be 30 years old, US citizen for 9 years
Special Powers/Facts: Try impeachment trials; the Vice President of the U.S. is the leader

Special Powers of Congress

Collecting taxes
Regulating trade
Organizing courts
The Necessary and Proper Clause (elastic clause): Stretches congressional power
Supremacy Clause (Article Six): Federal law supersedes state laws
Makes laws
Collects taxes
Borrowing money
Override a President's veto
Approves treaties (Senate)
Impeach and remove officials
Prints and coins money
Power to create post offices
Power to declare war

Legislative Branch

The branch of government that makes the laws

Necessary and Proper Clause (Elastic Clause)

Allows Congress to stretch its power to carry out necessary laws for executing other powers, based on the Constitution

Separation of Powers

Divides governmental power among the legislative, judicial, and executive branches to limit the power of one branch

Checks and Balances

A system where the three branches of government limit each other's power.

How a Bill Becomes a Law

Proposed in Congress
Passes both houses
Goes to the President
The President can sign it into law or veto it
Congress can override a veto with a supermajority.

Article 2: President of the United States

Facts:
- Four-year terms
- Can only be served twice
- 15 departments make up the Presidential Cabinet
Qualifications:
- Natural-born citizen or citizen of the U.S.
- At least 35 years old
- Lived in the U.S. for at least 14 years
Duties:
- Carries out the laws
- Makes treaties (with Senate approval)

Presidential Powers

Appointments: Appoints Supreme Court justices, cabinet members, and ambassadors, but the Senate must approve
Treaties: Negotiates treaties but the Senate approves or rejects them
War: Commander-in-Chief of the armed forces; Congress declares war
Veto: Can veto laws, but Congress can override with a supermajority
Pardons: Can issue pardons to reverse criminal convictions
Executive Orders: Declarations with the force of law, usually based on existing laws
Emergency Wartime Powers
Checks & Balances: The Checks that the Executive branch has over the Legislative branch:
- Veto laws
- Propose laws
- Ability to call in special sessions of Congress
- Negotiate with foreign treaties
- Make appointments

Article 3: Supreme Court

Facts: Nine justices (one Chief Justice, eight Associate Justices)
Qualifications: No specific qualifications mentioned in the Constitution (age, education, profession, or native-born citizenship)
Special Facts: Supreme Court does not have to hear every case; 6 justices must be present to hear a case; President nominates justices, Senate confirms
Supreme Court History: First Judiciary Act of 1789 set the number of Justices at six; Judiciary Act of 1869 set the number at nine. The number of Justices has not changed since

Rules, Qualifications, Powers of the Supreme Court

Interprets and upholds the Constitution
Primarily hears appeals
Has original jurisdiction in specific cases

Marbury v. Madison (1803)

Case summary: Thomas Jefferson takes office; and one of Adams appointees, Marbury, didn't get his official papers. Marbury requests that the Supreme Court forces Madison, Jefferson's secretary to deliver the papers.
Summary of Court's Decision: Madison's actions are improper, but the law that allowed Marbury to ask the Supreme Court was not. Because the law was invalid, the Supreme Court decided it couldn't help Marbury.
Impact: Established the power of judicial review.

McCulloch v. Maryland (1819)

Court established that the necessary and proper clause allows Congress to create laws needed to carry out its constitutional powers.

Gibbons v. Ogden (1824)

Supreme Court broadened the interpretation of the Commerce Clause, giving the federal government significant control over interstate commerce.

Worcester v. Georgia (1832)

The Court ruled against Georgia's attempts to remove Cherokee people from their land and declared the state's actions unconstitutional, affirming the sovereignty of the Cherokee Nation.

Loving v. Virginia (1967)

The Court struck down the Virginia law prohibiting interracial marriage, noting it violated the Equal Protection Clause of the 14th Amendment.

Tinker v. Des Moines (1969)

The Court upheld the right of students to express their views by wearing black armbands in protest (First Amendment right to free speech).

Obergefell v. Hodges (2015)

Court declared that same-sex couples have the right to marriage licenses and other state benefits based on the Equal Protection Clause of the 14th Amendment.

Rights for the States

Citizens of each state receive all privileges and immunities within other states.
States must extradite individuals charged with crimes in other states.
Runaway slaves or indentured servants must be returned.
New states can be admitted by Congress, but not created by splitting existing states without Congressional approval.

Powers Reserved for the State Governments

Create corporation law
Regulate trade within state
Maintain schools
Establish local governments
Make laws about marriage and divorce
Conduct elections
Provide for public safety

Shared Powers Between Federal and State Governments

Guarantee civil rights
Levy and collect taxes
Provide for public safety
Protect public health
Establish courts
Punish lawbreakers
Borrow money
Construct and maintain roads

Article 5: Amendment Process

Two ways to amend the Constitution: By Congress (2/3 vote in both houses, then 3/4 of states agree) or via a convention called by 2/3 of states (then 3/4 of states agree).

Vocabulary

Amendment—change to the Constitution.
Law—rule based on accepted principles as enforceable.
Ratify—to approve.

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Description

This quiz explores the structure and powers of the US Congress, covering both the House of Representatives and the Senate. Learn about their membership, election cycles, qualifications, and special powers. Test your knowledge on how these two bodies operate within the federal government.