Articles of Confederation
True or False: The AOC established the position of President of the United States with George Washington being the first unanimously elected.
False - under the AOC, there was no executive. The position of President was created by the Constitution and George Washington became President in 1789.
People having the ultimate power refers to...
Popular Sovereignty
What "clause" comes to town and kids in some cultures leave cookies and milk out for once a year in December?
Joke of the Day: Santa Claus
The "power of the purse" or in other words, control of the government's money belongs to what branch?
Legislative Branch
(Congress at the federal level; state legislatures, county or city councils and school boards)
True or False: The 9th amendment reserves powers not given to the federal government in the Constitution to the States.
False - that is the 10th Amendment ; The 9th amendment states that people have more rights than just those included in the Constitution.
Congress under the AOC was different than our Congress from 1789 through today in what ways?
Congress under the AOC was one chamber with one representative from each state.
Congress from 1789-Today is comprised of two chambers. The House of Representatives based on population and The Senate with two per state.
DAILY DOUBLE: What 1215 document said government power (in this case, the King) is not above the law of the land? Europe's first written constitution.
Magna Carta
True or False: Article II limits the President to serving two 4 year terms.
False - It was not until the 22nd Amendment to the Constitution in 1951 that the president was limited to two terms.
The Supreme Court case in 1803 which solidified the constitutional principle of Judicial Review (the power of the courts to declare laws and executive actions as UNCONSTITUTIONAL) is...
Marbury v. Madison
Which amendment protects against unreasonable search and seizure?
4th Amendment
Why was the United States unable to maintain a military to defend the country under the AOC?
The central government was unable to collect taxes.
Dividing roles of government across three branches refers to which constitutional principle? BTW, what are those three branches?
Separation of Powers ; Legislative, Executive, and Judicial
What is the difference in term length for members of the House versus members of the Senate as outlined in Article I?
Representatives in the House: 2 year terms
Senators in the Senate: 6 year terms
What presidential actions does the Senate have "advice and consent" power over? Meaning they must vote to approve these presidential actions.
1) Presidential Appointments of ambassadors, cabinet members, military officials, and federal judges.
2) Foreign treaties
What country's Bill of Rights in 1689 helped to inspire that of the United States a century later?
England
DAILY DOUBLE: Before and After the AOC, two other historic documents were penned in Philadelphia, PA. What phrase begins the Declaration of Independence? What phrase begins the Preamble of the Constitution?
DOI: We hold these truths to be self evident that all men are created equal...
Constitution: We the people of the United States of America...
One of the principles of the Constitution is majority rule with minority rights. A majority is 50% + 1, what's a majority of the HOR if all members are present? How about the Senate?
HOR: 218
Senate: 51
The Supreme Court Case McCulloch v. Maryland solidified two clauses to the U.S. Constitution.
1) Supported the idea that Congress has implied powers through this clause - in this case creating a National Bank.
2) Prevented Maryland from taxing the National Bank because of the _______ clause?
What are the two clauses?
1) Necessary and Proper Clause (Elastic Clause)
2) Supremacy Clause
Concerning federal judges, including Supreme Court Justices, how do all three branches have checks and balances over one another in the process of naming and maintaining these judgeships.
Exec: President appoints federal judges
Leg: The Senate must confirm presidential appointments and in rare cases ca impeach federal judges.
Jud: Federal judges maintain their positions for life, granted they act in good behavior, intending to establish their independence from electoral politics.
What are the five freedoms of the 1st amendment?
Freedoms of
1) speech 2) religion 3) press 4) assembly 5) petition
One of the largest issues under the AOC was they could not be changed without all 13 states agreeing to change them. To fix this under the Constitution, who and what percentage of each must approve Constitutional Amendments?
2/3's Congress and 3/4's of States
Federalism is the division of powers between the levels of government. Classify the following as powers of the federal government, state governments, or both/shared.
1) Collect Taxes 2) Maintain a military 3) Establish post offices 4) Conduct elections 5) Naturalization laws 6) Build roads 7) Control of schools 8) Regulate interstate commerce
1) Collect Taxes - Both
2) Maintain a military - Federal
3) Establish post offices - Federal
4) Conduct elections - State
5) Naturalization laws - Federal
6) Build roads - Both
7) Control of schools - State
8) Regulate interstate commerce - Federal
According to the Constitution, who oversees a presidential impeachment trial in the Senate?
Chief Justice of the Supreme Court
Impeachment is a seldom used but important check and balance. Explain the difference in the roles of the HOR and the Senate regarding impeachment.
Bonus Points: How many and which presidents have been impeached?
HOR: Votes to impeach on a simple majority vote - this is formally accusing a public official of a crime.
Senate: Conducts the trial and votes to convict or not convict the public official. This requires a 2/3's majority vote and results in removal from office.
Bonus: 3 presidents have been impeached (Andrew Johnson in 1868, Bill Clinton in 1998, and Donald Trump twice in 2019 and 2021) None have been convicted in the Senate.
Which amendments (plural - more than one) concern rights when accused and tried for a crime? What do each of these amendments say?
4th amendment - unreasonable search and seizure
5th amendment - DUE PROCESS rights including right against self-incrimination (right to remain silent) and double jeopardy (can't be charged with the same crime twice)
6th amendment - right to trial by jury in CRIMINAL cases (and legal representation)
8th amendment - protection from cruel and unusual punishment