US Constitution - Historical Background
24 Questions
0 Views

US Constitution - Historical Background

Created by
@ExhilaratingSerpentine9604

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the role of the Speaker of the House in the legislative process?

The Speaker sets the legislative agenda for the House and participates in debates and votes on legislation.

Describe the impeachment process initiated by the House of Representatives.

The House has the sole power of impeachment, requiring a majority vote to establish charges and file a formal accusation.

How is the Senate involved in the impeachment process?

The Senate acts as a court to determine guilt or innocence, requiring a 2/3 majority to convict.

What is the significance of equal representation in the Senate?

<p>Each state has two senators, ensuring all states have equal influence regardless of size or population.</p> Signup and view all the answers

Who were the three U.S. Presidents that have been impeached?

<p>Andrew Johnson, Bill Clinton, and Donald Trump were all impeached during their presidencies.</p> Signup and view all the answers

What powers does the House of Representatives have in the impeachment process?

<p>The House has the exclusive power to impeach, to investigate and establish charges against high officials.</p> Signup and view all the answers

Explain the term length for a U.S. Senator.

<p>Senators are elected for six-year terms.</p> Signup and view all the answers

What happens if the charges in an impeachment case are proven in the House?

<p>If charges are proven, the House impeaches the individual and submits the case to the Senate for trial.</p> Signup and view all the answers

What is the significance of revenue bills starting in the House of Representatives?

<p>Revenue bills start in the House to ensure that the legislative body closest to the people has power over financial matters.</p> Signup and view all the answers

How does the process of amending a revenue bill work in the Senate?

<p>The Senate can amend revenue bills before giving its approval for them to become law.</p> Signup and view all the answers

What happens to a bill after it is approved by both houses of Congress?

<p>Once approved in identical form by both houses, the bill is sent to the President for approval or veto.</p> Signup and view all the answers

What are the two actions a President can take regarding a bill within ten days?

<p>The President can either sign the bill into law or veto it and return it to the originating house.</p> Signup and view all the answers

Why is the legislative process not precisely outlined in the Constitution?

<p>The Constitution is vague on legislative procedures, allowing Congress to establish its own rules for proposing and processing legislation.</p> Signup and view all the answers

What does it mean for a bill to undergo re-examination after a presidential veto?

<p>After a veto, both houses of Congress review the bill again to consider the President's objections.</p> Signup and view all the answers

What role does the Speaker of the House play in the legislative process?

<p>The Speaker of the House facilitates legislative procedures and manages the flow of bills within the House.</p> Signup and view all the answers

How does proportional representation relate to the power dynamics between the House and Senate?

<p>Proportional representation affects how legislative power is distributed, giving larger states more influence in the House compared to the Senate's equal representation.</p> Signup and view all the answers

What is the significance of the rotation of election schedules for the Senate?

<p>It ensures that only 1/3 of the Senate is up for re-election every two years, maintaining continuity in governance.</p> Signup and view all the answers

What are the minimum requirements for a candidate to run for the Senate?

<p>Candidates must be at least thirty years old, have been U.S. citizens for nine years, and reside in the state they will represent.</p> Signup and view all the answers

In the event of a tie vote in the Senate, who casts the deciding vote?

<p>The Vice President of the United States casts the deciding vote in case of a tie.</p> Signup and view all the answers

What role does the Senate play in the impeachment process?

<p>The Senate has the sole power to try all impeachments and make the final decision on whether to implement a House impeachment ruling.</p> Signup and view all the answers

Who presides over Senate impeachment trials of the President?

<p>The Chief Justice of the United States Supreme Court presides over impeachment trials of the President.</p> Signup and view all the answers

What is a quorum, and why is it important for the Senate and House?

<p>A quorum is defined as half the members being present, and it is essential for conducting official business.</p> Signup and view all the answers

How has Congress influenced the scheduling of elections since 1845?

<p>Congress established that the first Tuesday after the first Monday of November should be Election Day.</p> Signup and view all the answers

What authority do the Senate and House have regarding their members?

<p>Both houses can refuse to seat elected members if they are deemed unworthy after a vote.</p> Signup and view all the answers

Study Notes

US Constitution - Historical Background

  • The US Constitution is the oldest written constitution still in use.
  • It initially consisted of seven articles, but has been amended 27 times.
  • The first seven articles established the federal government, judiciary, and interstate/federal-state relations.
  • The Bill of Rights (first ten amendments) outlines individual citizen rights.
  • England's first colony in North America was Virginia, chartered in 1606 as a private company, becoming a royal colony in 1624.
  • Virginia's success relied on tobacco farming, and in the 17th century, African slaves were brought in to cultivate these crops.
  • The transatlantic slave trade was officially abolished in 1808.
  • North American colonies were diverse in geography and economy, notably in New England, with several Protestant colonies.
  • Puritan dissenters established colonies seeking a "City upon a Hill" (New Jerusalem).
  • Maryland was founded as a haven for English Catholics.
  • By 1775, there were 13 English colonies in North America.
  • Colonial success was linked to limited Crown/Parliament control.
  • The Seven Years' War (1754-63) led to British taxes on colonies, resented for lack of representation, this is summarized by the slogan "No Taxation without Representation"
  • The Boston Tea Party (1773) was a protest against these taxes.
  • The American Revolutionary War (1775-83) occurred after the Boston Tea Party; colonists formed a Continental Army under George Washington in 1775.
  • Enlightenment ideals, including republicanism, democracy, and individual liberties, were major inspirations for the revolt.

Declaration of Independence & Articles of Confederation

  • The Declaration of Independence was signed on July 4, 1776.
  • It was primarily authored by Thomas Jefferson, inspired by Locke and Paine.
  • The document declared that the King and Parliament had violated the colonists' constitutional rights; this justification was believed to warrant violent overthrow.
  • By 1781, the 13 colonies had ratified the Articles of Confederation.
  • The Articles established a weak central government, with power held by state legislatures.
  • The Confederation struggled due to trade disputes among states and a lack of taxing power, as power lay with state legislatures.
  • The Articles of Confederation were viewed as inadequate & the need for a stronger central governing body led to the 1787 Philadelphia Convention.
  • The war with Britain continued until the Treaty of Paris was signed in 1783.

Philadelphia Convention

  • The 1787 Philadelphia Convention brought together 55 delegates from all states except Rhode Island.
  • James Madison, Alexander Hamilton, John Jay, John Adams, & George Washington were prominent.
  • The Virginia Plan proposed a significantly more powerful national government, including a bicameral legislature, a strong executive, & an independent judiciary.
  • Anti-Federalists strongly opposed significant shifts from the Articles of Confederation system.
  • Key debates focused on representation (Large states vs. Small states).
  • The Great Compromise created a bicameral legislature: the House of Representatives (proportional representation based on population) & the Senate (equal representation for all states).
  • The Great Compromise resolved differing viewpoints regarding representation in the federal government by blending both equal and proportional representation from various states.

Federalism, Separation of Powers, & Checks and Balances

  • The US Constitution established principles of federalism (sharing power between central and state governments), separation of powers (dividing power among three branches), and checks and balances (limiting each branch's power by allowing others to limit it) .
  • These principles were designed to prevent tyranny.
  • These ideas also relate to concepts of freedom of expression and the importance of this concept in the American system of government.
  • The core principles aim to prevent concentration of power resulting in a system where branches can limit each other's powers to avoid tyranny.
  • The compromise also included addressing the issue of slaves being counted in the population for representation calculations.

US Constitution - Additional Sections

  • Section 2 (Privileges and Immunities Clause): Citizens of one state have rights and protections when visiting another state.
  • Section 3: Only Congress can decide on adding new states. Federal obligation to guarantee republican governments in states
  • Section 4: Federal government's responsibility for guaranteeing state governments.
  • Section 6 (Supremacy Clause): Constitutional laws are supreme over state laws.
  • Section 9: Congress limited (cannot suspend Habeas Corpus except during rebellion/invasion, cannot pass bills of attainder, or create ex post facto laws).
  • Section 10, Part 1: Limitations on state powers include restrictions on taxing imports, coining money, etc.
  • Section 10, Part 2: States cannot issue treaties without Congressional approval.
  • Section 10, Part 3: State can't create laws that interfere with valid or agreed upon treaties passed by Congress
  • Article 4, Section 1: Full faith and credit: Each state must recognize the laws, records, and judicial proceedings of every other state.
  • Article VI (Section 2 - Part 2): States cannot pass laws in opposition to US Constitution provisions and laws that it approves.

Evolution of American Federalism

  • The Tenth Amendment (1791) reserved powers not given to the US to states or the people.
  • The balance of power between federal and state governments shifted over time, with the federal government gaining power in relation to the states.
  • The US Supreme Court's decision in McCulloch v. Maryland (1819) upheld federal supremacy in relation to states.
  • Federal power grew throughout the 20th century with programs like Social Security (1935), Medicare and Medicaid (1965), and the Affordable Care Act (2010)
  • Subsequent court cases like those surrounding the 1973 War Powers Act (limits on presidential war-making powers) led to further debate over separation of powers and federalism.

Congressional Powers

  • Enumerated Powers: Powers expressly given to Congress by the Constitution.
  • Power to Tax: Congress has the power to tax uniformly across the US.
  • Power to Borrow Money: Congress can borrow funds for the United States government.
  • Commerce Clause: Congress's power to regulate interstate and international commerce.
  • Other Enumerated Powers: E.g. power to regulate naturalization, create money, declare war and create a uniform judicial system.
  • Implied Powers: Powers not specifically listed in the Constitution but necessary to exercise enumerated powers.

Congressional Structure

  • Congress is bicameral (two houses), consisting of the House of Representatives and the Senate.
  • House of Representatives: Representation is proportional to population; members serve 2 year terms.
  • Senate: Each state has equal representation (2 senators); members serve 6-year terms.

Presidential Powers

  • War Powers: Congress declares war, but the President is Commander in Chief; controversies over the President's authority in situations where war is not formally declared.
  • Treaties: President negotiates treaties, but Senate must approve them by a 2/3 vote, illustrating the separation of powers and balancing actions between federal and state governments.
  • Nominations: President nominates federal judges, ambassadors, other officials, requiring Senate confirmation.

Campaign Finance

  • The Buckley v. Valeo Supreme Court decision (1976) limited campaign contributions but ruled that limits on campaign spending were unconstitutional.
  • Later cases such as Citizens United v. FEC (2010) significantly weakened campaign finance regulations by claiming that limits on independent expenditures violated free speech.
  • The outcome allows unlimited spending by organizations not directly affiliated with candidates.

Electoral College

  • The Electoral College determines the president, rather than a direct popular vote.
  • Every state has electoral votes equal to their representation in Congress.
  • A candidate needs 270 electoral votes to win the presidency.
  • The system has faced criticism for not always matching the popular vote winner with the presidency victory.

State Elections & Primaries

  • Each state is responsible for organizing its own elections.
  • The party system creates a process for selecting the presidential nominee before general elections, namely through Primaries and Caucuses
  • The different types of primaries (open, closed, semi-closed).
  • Role of superdelegates in the selection process.

Presidential Immunity

  • The extent of presidential immunity from criminal prosecution; debates over whether a president is immune from prosecution.
  • The president enjoys absolute immunity for actions within their constitutional authority, presumption of immunity for official acts, but no immunity for unofficial acts.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

Description

Explore the historical background of the US Constitution, which is the oldest written constitution still in use. This quiz covers its original seven articles, the Bill of Rights, and the context of early American colonies, including their economic and social foundations. Test your knowledge of how these elements contributed to the formation of the United States.

More Like This

US Constitution Overview
5 questions

US Constitution Overview

RefinedRoentgenium avatar
RefinedRoentgenium
America's Godly Heritage Video 16
141 questions

America's Godly Heritage Video 16

Tree Of Life Christian Academy avatar
Tree Of Life Christian Academy
US History and Government
24 questions

US History and Government

ProductivePythagoras1793 avatar
ProductivePythagoras1793
Use Quizgecko on...
Browser
Browser