Preamble
1. What is the preamble?
2. What are the broad objectives of constitutional government (there are six of them)?
ARTICLE I – Legislative Branch
Article I Section 1
What is the meaning of Section 1?
Article I Section 2 US House
1. Discuss each of the following basic organizational issues and duties found in this section:
Term of Office
Qualifications
Filling unexpired seats
Presiding officer
State representation
2. Constitutionally does a House member have to live in the district he represents?
3. What was the decision inU.S. Term Limits v. Thornton(1995)?
4. Clause 3 of section 2 defines what act of government? How oftenis this totake place?
5. Define apportionment.
6. What is the 3/5s compromise? What happened to this provision?
7. Define impeachment. Who has the power to impeach?
Article I Section 3 US Senate
1. Discuss each of the following basic organizational issues and duties found in this section:
Term of Office
Qualifications
Filling unexpired seats
Presiding officer
State representation
2. How were US Senators originally selected? How did the 17thAmendment changethis?
3. What are the restrictions on the Vice Presidents Senatorial power?
4. Who is the President Pro Tempore? Why does this position exist?
5. What is the Senates impeachment power? What are thevote requirements?
6. What is the role of the Chief Justice in impeachment?
7. What was the decision in (Walter)Nixon v. U.S.(1993)?
8. Who was Alcee Hastings? Why is Section 2Clause 7 relevant to him?
Article I Section 4
1. Who controls the congressional election process?
2. What power does Congress have in determining elections?
3. What provision is made in the 20thAmendment?
Article I Section 5
1. Define quorum.
2. What is meant by rules of its proceedings?
3. Who disciplines members of Congress?What is required to expela representative orsenator?
4. What is the constitutional requirement that resulted in the Congressional Record?
5. What are the restrictions on adjournment?
Article I Section 6
1. Who determines Congressional salaries? What provision was found in the 27thAmendment? What was unusual about this amendment?
2. Define legislative immunity. From what are members of Congress immune?
3. LinkClause 2 to separation of powers.
Article I Section 7
1. What provision is mandated on revenue bills?
2. What three options can the President exercise on a bill sent by Congress?
3. Define veto. What recourse does Congress have if the President vetoes a bill?
4. What happens to a bill held for ten days with no actionwhile Congress is in session?
5. Define pocket veto.
6. Explain the presentment clause (#3). How has this been a separation of powers issue?
7. Define joint resolution—how is this similar to a bill and a law?
Article I Section 8
1. Define the delegated enumerated or expressed powers.
2. What is the relationship between the structural weaknesses in the Articles of Confederation and the powers expressed in Article I Sec. 8?
3. How many powers deal with an area of economics? How many with national security?List three powers dealing with each policy area.
4. Clause 3gives Congress the power to regulate commerce with which three entities?
5. Clause 17 speaks to Congressional authority over what?
6. Why is Article ISection 8Clause 18 the necessary and proper clause – referred to as the elastic clause?
7.Whywouldthenecessary and properclausebelinked to the political debate over the Constitution and implied power?
Article I Section 9(powers denied Congress)
1. Who are such persons? What provision was made for the slave trade?
2. What is the writ of habeas corpus? When may it be suspended?
3. How does the decision inBoumediene v. Bush(2008) relate to the suspension of habeas corpus?
3. Define bill of attainder.
4. Define ex post facto.
5. Briefly explain each of the following powers denied Congress:
No capitation or direct tax How does the 16thAmendment change this?
No tax on exports from any state
No preference regulating trade
6. Define appropriations. What are the Congressional budgetary powers in clause 7?
7. Why is there a prohibition on titles ofnobility by the US and acceptance of the same from any foreign country?
Article I Section 10(powers denied the states)
1. Clause 1 denies several powers that were once permissible under the Articles. List them.
2. What are the restrictions on import and export taxes?
3. How is Congressional power to control acts of war and treaties with foreign countries solidified inClause 3?
ARTICLE II – Executive Branch
Article II Section 1
1. What is the term of office forpresident andvicepresident? Link this to the 22ndAmendment.What argument can be made that would have kept President Bush from becoming the running mate of John McCain in 2008?
2. What is the number of electors from each state? Who may not be an elector?
3. Can thepresident andvice president come from the same state?
4. What provision was made in the 12thAmendment?
5. What does the Constitution say about the dates for the presidential election and the electoral vote?What are the dates?
6. What are the Constitutional qualifications to bepresident?
7. What did the Constitution originally provide if thepresident could not perform his duties? What if thevicepresident could not perform those presidential duties? What provision is made by the 25thAmendment?
8. What restrictions are placed on thepresidential salary?
9. Who administers the oath of office?
Article II Section 2
1. Explain thepresidents role as Commander in Chief.
2. How doesClause 1 create thepresidents cabinet?
3. Define pardon. What exception exists to the presidential pardon?
4. What vote is required by the Senate when thepresident makes a treaty with a foreign government?
5. How does the Senate in its advice and consent role check presidential appointment and recess commission grants?What vote is required by the Senate when the president makes other appointments?
Article II Section 3
1. What is the State of the Union address?When is it to be given?
2. When can thepresident convene and/or adjourn one or both chambers of Congress?
3. What is the controversy that surrounds the phrase he shall take care that the laws be faithfully executed?
4. How does thepresidential power of commissioning all the officers of the United States link toMarbury v. Madison (1803)?
Article II Section 4
1. Under what conditions can thepresidentvicepresident and all civil officers of the U.S. be removed from office?
2. Define high crimes and misdemeanors.
3. Who were the only two presidents to be impeached? Were they removed from office?
ARTICLE III – The Judicial Branch
Article III Section 1
1. What is the only court established by the Constitution?
2. What are inferior courts?What political body is given the power to create these courts?
3. What is the term of office for federal judges? What is the logic of this provision?
4. Can they receive pay cuts while holding the office?
Article III Section 2
1. Define original jurisdiction.List all the cases (situations) for which the Supreme Court has original jurisdiction.How is a change in one of the relationships changed by theEleventh AmendmentandChisholm v. Georgia(1793)?
3. Define appellate jurisdiction.
4. What is the exceptions and regulations clause?
5. What are the characteristics of criminal trials?
Article III Section 3
Explain the elements of the crime of treason.
Article III General
Where in Article III are the federal courts specifically given the power to interpret the Constitution?
ARTICLE IV
Article IV General
What relationships are defined in Article Four?
Article IV Section 1
Define full faith and credit.
Article IV Section 2
1. Define privileges and immunities.
2. Define extradition. Who has the authority to compel state authorities to extradite a fugitive from one state to another?
3. What repealed the fugitive slave clause of this section?
Article IV Section 3
1. What political body(s) is responsible for the creation of new states within the boundaries of existing states?
2. What political body is responsible for the creation of new statesfrom other United States territory or property??
Article IV Section 4
What specific protections do the states get from the national government?
ARTICLE V
1. What are the two ways to propose an amendment?
2. Definesupermajority.
3. What are the two ways to ratify an amendment?
4. Who determines the method of ratification?
5. Historically how are constitutional amendments proposed and ratified?Whatwasthe exception?
ARTICLE VI
1. How does the Constitution acknowledge responsibility for the acts of the government under the Articles?
2. Section 2 is known as the supremacy clause and creates the principle of constitutionality.How does this link toCooper v. Aaron(1958)?
3. What is preemption?What does the principle say about the statesprevailing ina conflict with the federal government?
4. What is the only forbidden test to the oath of office for public officials?
ARTICLE VII
1. What specific provision is made for the method of ratification of the constitution?
2. Why do you think the framers chose this method?
THE AMENDMENTS
1. What are the first 10 Amendments of the Constitution called?What was the political controversy that led to the addition of these early amendments? What person was primarily responsible for their creation and ratification?
2. List the five fundamental freedoms guaranteed in the 1stAmendment.
3. What is the two fold nature of religious freedom?
4. What exactly is the freedom to petitionfor a redress of grievances?
5. Does the 2ndAmendment specifically link gun ownership to an individuals standing in the militiaor does it possibly mean we all have a right to bear arms?Link this amendment toDistrict ofColumbiav. Heller(2008) andMcDonald v. City of Chicago(2010).
6. Is the protection provided by the 3rdAmendment still needed in a literal sense today? What about from a figurative perspective?
7. Amendments 4 8 define substantive due process rights.Define due process.
8. Define the warrant requirement of the 4thAmendment.
9. Define probable cause.How would one determine what constitutes unreasonable search and seizure?
10. What is a Grand Jury indictment? How does it provide protection?
11. Define double jeopardy.
12.What does Taking theFifth mean?
13. Define eminent domain. Why might the terms take and public use be open to interpretation?
14. List theeight rightsofan individual facing criminal prosecution asoutlined in the 6thAmendment.
15. Define habeas corpus. How is this addressed in the 6thAmendment?
16. What is meant by common law? How is this addressed in the 7thAmendment?
17.List the three protections provided by the 8thAmendment. Are any of those protections specifically defined?
18.What does the 9thAmendment protect? Describe how a federal judge could find the logic in the 9thAmendment to argue right to privacy?
19. Why do you think the 10thAmendment is called the reserved power clause? Power is reserved for what entity of government? What is the link to the elastic clause? What does this say about implied power?