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JCSD1 USConstitution
Substitute US Constitution Study Guide
| Question | Answer |
|---|---|
| What is the supreme law of the land? | The United States Constitution. |
| How is a vacancy in the U.S. House of Representatives filled? | Special election in the state. |
| By what means has the U.S. Constitution been changed since its adoption? | By amendment, court decisions, and presidential practices. |
| What are two ways in which amendments to the U.S. Constitution may be proposed? | By a two-thirds vote of each house of Congress or by a convention called by Legislatures. |
| Why are the first ten amendments to the Constitution usually styled the "Bill of Rights? | They guarantee to the people of the United States certain personal rights upon which the government itself cannot infringe. |
| What basic freedoms are protected in the First Amendment? | Freedom of religion, speech, press, peaceable assembly, and petition of grievance. |
| What is the purpose of each of the Amendments XIII, XIV, and XV (the Civil War Amendments)? | The Thirteenth Amendment freed the slaves; the Fourteenth Amendment gave the slaves the right to citizenship; and the Fifteenth Amendment was intended to give the slaves the right to vote. |
| What three restrictions on voting are forbidden in the Constitution? | Restrictions based on race, color, and sex. |
| What is meant by nauralization? | Naturalization is the process by which a citizen of another nation becomes a citizen of the United States. |
| What form of government is guaranteed to each state by the Federal Constitution? | Republic form of government. |
| How are new states admitted? | Congress may admit new states; however, the boundaries of new states may not infringe upon territories of existing states. |
| Where no mention is made of a power in the Constitution, does the power rest in the federal government, state government, or the people? | In the state government and the people. |
| What are five powers forbidden to the states? | Coining money, making treaties with foreign nations, declaring war, granting titles of nobility, and passing ex-post facto laws. |
| What is an ex-post facto law? Can such a law be passed? | An ex-post facto law is a law that attempts to inflict a penalty or to make illegal the doing of some act that was not illegal at the time it was done. Such a law cannot be enforced. |
| What is meant by the legislative, the executive, and the judicial branches the government? | Legislative -- law making branch; Executive -- law enforcing branch; Judicial -- law interpreting branch. |
| What body makes up the legislative department, the U.S. Congress, and its two branches? | The U.S. House of Representatives and the U.S. Senate. |
| When does Congress regularly meet? | Beginning January third of each year. |
| How are special sessions of Congress called? | By order of the President. |
| What are the qualifications in age, U.S. citizenship, and residence of a member of the House of Representatives? | Twenty-five years of age, seven years a citizen of United States, and inhabitant of the state from which he/she is chosen. |
| What are the qualifications in age, U.S.Citizenship, and habitation of a member of the U.S. Sentate? | Thirty years of age, nine years a citizen of the United States, and an inhabitant of the state from which he/she is chosen. |
| Who prescribes the times, places, and manner of holding elections of senators and representatives? | The legislature of each state; vacancies are by special election. |
| Who is the judge of the election returns and qualifications of members of Congress? | Each house of the U.S. Congress. |
| How many senators are provided by the Constitution? | Two senators, elected at large, from each state. |
| What are the terms of office of U.S. Representatives and U.S. Senators? | U.S. Representatives -- two years, U.S. Senators -- six years. |
| Who are the presiding officers of the U.S. House? of the U.S. Senate? | The Speaker of the House is elected by the House. The President of the Senate is the Vice-President of the U.S. |
| What are the specific powers of the Speaker of the United States House of Representatives? | The Speaker assigns all bills introduced to the appropriate standing committee, and the Speaker has absolute control and limitation of debate in the House of Representatives. |
| What major powers are assigned to Congress by the U.S. Constitution? | Laying/collecting taxes, borrowing money on US credit, regulating commerce between states, coining money, fixing the standard of weights/measures, establishing post offices, granting patents/copyrights, declaring war, raising/supporting an army & navy. |
| What powers are denied to Congress? | Suspending privilege of a write of habeas corpus, passing bills of attainder or ex-post facto laws, granting titles of nobility, giving commercial preference to any state, taxing the exports of any state. |
| What is the "implied powers clause" of the U.S. Constitution? | Gives Congress power to make all laws necessary & proper for carrying into execution all powers of Congress & of government of the US. Many Congress have been passed under this clause which could not have been contemplated by Constitution originators. |
| What is the basis for the Presidential Cabinet? | Custom and usage |
| What are the President's legislative powers? | Veto of legislation, messages to Congress, and the authority to call special sessions. |
| What is meant by "overriding" the President's veto? How is this done? | If each branch of Congress again passes a vetoed measure by a two-thirds vote, the bill becomes law regardless of the President's veto. |
| What are three powers of the U.S. Sentate not possessed by the U.S. House? | Trial of impeachments, ratification of treaties, and approval of presidential nominations. |
| What is meant by impeachment? What penalty may be inflicted by the U.S. Senate? | Impeachment proceedings are brought against officers considered unfit to hold office. The penalty to be inflicted can consist only of removal from office and disqualification for again holding office under the United States Government. |
| The Vice-President has the power to vote in the Senate under what condition? | Only when the Senate is equally divided. |
| How is money provided for carrying on the business of the federal government? | Appropriations must be passed by Congress before money can be spent. |
| Who is the head of the executive branch? | The President. |
| What are the qualifications of the President as to age and citizenship? | Thirty-five years of age and a natural born citizen of the United States. |
| Who elects the President? | Electors are chosen by each state as directed by that state's legislature. |
| How many members does each state have in the electoral college? | As many members as it has U.S. Senators and U.S. Representatives. |
| Who counts the votes for President and Vice-President? | U.S. Congress, under the direction of the President of the Senate. |
| What is the term of office of the President and Vice-President? | Four years. |
| What limit is set on the number of terms a President may service? | Two terms. |
| When do the President and the Vice-President take office? | January 20, following their election. |
| What is the term of each Congress? | Two years. |
| What is the general method by which major appointments to federal offices are made? | By the President with the advice and consent of the U.S. Senate. |
| If the U.S. Senate is in recess, how may the President fill vacancies by appointment? | By granting commissions which shall expire at the end of the next session. |
| Who is the commander-in-chief of the Armed Forces. | The President. |
| What are the President's Messages to Congress? | The President annually advises Congress regarding the state of the nation, necessary legislation, and budget issues. |
| What is the veto power of the President? | The President may nullify a bill passed by Congress by returning it to the originating house for further consideration. |
| What emergency legislative power rests with the President? | The power to call special sessions of Congress. |
| What judicial power is held by the President? | The power to grant reprieves and pardons. |
| What is the right of eminent domain? | Private property may be taken for public use only upon payment of just compensation. |
| What is the judicial branch? | The United States Supreme Court and such inferior courts as Congress may provide. |
| At present, what constitutes the membership of the Supreme Court? | One Chief Justice and eight Associate Justices. |
| What is the power of the Judicial branch? | To interpret the law. |
| What is the term of office of a federal judge? | Life, unless removed for cause. |
| How could a justice of the Supreme Court be removed from office? | By impeachment. |
| What are six types of cases over which the federal courts have jurisdiction? | Those arising under the U.S. Constitution or laws or treaties of the United States, Those affecting ambassadors, Those in which the US is a party, Between a state & citizen of another state, Between states, Between citizens of different states. |
| In the event no one candidate receives a simple majority vote in the electoral college, how does the Congress select the winner? | The House selects the President by simple majority, and the Senate selects the Vice-President by simple majority. |
| What is meant by original and appellate jurisdiction? | Original jurisdiction applies to cases which come initially to the court for trail. Appellate Jurisdiction applies to cases that come by appeal from lower courts. The Supreme Court generally exercises appellate jurisdiction. |
| In what cases does the Supreme Court have original jurisdiction? | Cases affecting ambassadors and other public ministers and consuls, and cases in which two or more states are involved in appellate jurisdiction. |
| What is meant by a law being "unconstitutional?" | A law is unconstitutional if held by the Supreme Court to be contrary to the provisions of the Constitution. Such a law is of no effect. |
| What constitutes treason? | Acts of war against the United States, or adherence to, or giving comfort and aid to an enemy. |
| If the President is tried for impeachment, who will preside? | The Chief Justice of the U.S. Supreme Court. |
| What freedoms are guaranteed by the Fifth Amendment to a person accused of a crime? | Cannot be tried for a major offense except on indictment by a grand jury, Cannot be tried twice for the same offense, Cannot be compelled to be a witness against himself. Cannot be deprived of life, liberty, or property without due process of law. |
| In what cases is the right to trial by jury assured? | In all criminal prosecutions. |
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