Constitution Study Guide
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Constitution Study Guide
Federal Constitution
Federalism – system of government that divides power between state and national governments
Check and Balances – ways each branch can check and balance power of other two branches
Concurrent Powers – powers shared by both the federal and state governments
Article I – Legislative Branch
Chief Duty = Makes Laws
House of Representatives
Term Length = 2 years
Salary = $169,300
Number of Members = 435
Number of Representatives for Illinois = 19
Qualifications = 25 years old, 7 years citizen of United States, live in state you represent
Officer = Speaker of the House
SOLE POWER OF IMPEACHMENT
ALL REVENUE BILLS START IN HOUSE.
Senate
Term Length = 6 years
Salary = $169,300
Number of Members = 100
Number of Senators for Illinois = 2
Qualifications = 30 years old, 9 years citizen of United States, live in state you represent
How much of Senate is elected every two years? 1/3
Officer = President of the Senate (VICE-PRESIDENT OF UNITED STATES)
President Pro Tempore takes over is VP is absent.
Used to be elected by state legislatures – now elected by people.
TRIES IMPEACHMENT CASES – jury
APPROVES APPOINTMENTS
**** Cannot be arrested for petty crimes going to and from Congress
****Freedom of speech in session
****Filibuster – expanding length of debate so bill dies on floor
Enumerated Powers –
POWERS LISTED SPECIFICALLY IN CONSTITUTION
Taxes
Borrow Money
Regulate trade
Naturalization and Bankruptcy
Make Money
Punish counterfeiting
Establish post offices
Copyrights and Patents
Create lower courts
Piracy
Declare war
Provide and maintain armed forces
National Guard
Oversee D.C.
Denied Powers –
Cannot take away Habeas corpus - You have the right to test the legality of your detention - judge is not concerned with guilt or innocence
No ex post facto – laws made after the fact
No titles of nobility
Elastic Powers –
Necessary and Proper
Article II – Executive Branch
Chief Duty = Enforce Laws
Salary = President = $400,000
Term Length = 4 years – maximum of 2 terms or 10 years
Qualifications = Natural born citizen, 35 years old, 14 years resident of United States
Order of Succession – if President dies, resigns
1) Vice President
2) Speaker of the House
3) President Pro Tempore
4-19) Cabinet Positions
Powers of President – List
Appoints judges
Grants pardons
Commander in Chief of Armed Forces
Veto Bills
Signs Bills
Submits Budgets to Congress for Approval
****President selects new Vice-President if position becomes vacant (dies, resigns, impeached).
Article III – Judicial Branch
Chief Duty = Interprets Laws
Number of Justices in Supreme Court = 9 Justices
Head of Supreme Court = Chief Justice of Supreme Court
Where do cases heard in Supreme Court come from?
1) Appeals
2) Some directly
Judicial Review – allows courts to declare laws or acts to unconstitutional
****Only crime defined in Constitution is Treason.
Article IV – Relations among States
Full Faith and Credit - rights and privileges of citizen in one state are honored in other states
Extradition – states must surrender criminals from one state to the state crime was committed
How does a new state get admitted? Become territory and then submit Constitution to Congress for approval
Article V - Rules for Amendments
Step 1 - Amendment proposed by 2/3 of Congress
Step 2 - Ratified by ¾ of State Legislatures
Article VI
All officials must take oath to uphold Constitution.
No religious test or qualifications for holding office.
Article VII
9 states had to ratify (approve) it. (1789)
How a Bill Becomes Law
1. passed by majority of Congress, signed by President
2. passed by majority of Congress, vetoed by President, passed by 2/3 of Congress over veto
3. passed by majority of Congress, President does not sign it or veto it for ten working days
POCKET VETO = passed by majority of Congress, President does not sign it or veto it for ten working days and Congress leaves session the bill does not become law.
Amendments – changes to Constitution
Total Number of Amendments = 27
1-10 – Bill of Rights
5th – Must be indicted by a Grand jury, No self-incrimination, Right to Due Process, No Double Jeopardy
13th – Abolished Slavery
14th – Equal Rights Amendment – grants citizenship to Freedmen, equal protection under law
18th - Prohibits sale, manufacture, distribution of alcohol
Election of President
1) Primary Elections (40 states) and Caucuses (10 states) - choose delegates for parties National Convention
2) National Convention – nominate Parties Presidential Candidate
3) General Election – Tuesday after first Monday in November
4) Electoral College Meets – in state capitals (270 needs to win).
Each state gets number of representatives + number of Senate/
Illinois = 21
5) Joint Sessions of Congress (Jan. 3) – open envelopes, count votes, officially announce winner
6) Tie – House of Representatives decide by a vote
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Illinois State Constitution
Legislative Branch - General Assembly
House of Representatives
Term Length = 2 Years
Number of Members = 118
Qualifications = 21 years old, U.S. Citizen, Resident of district for two years
Senate
Term Length = 4 Years
Number of Members = 59
Qualifications = 21 years old, U.S. Citizen, Resident of district for two years
How much of Senate is elected every two years? 1/2
Executive Branch
List jobs description for each state official below:
Governor Chief Executive Officer
Lt. Governor Takes over for Governor if necessary
Attorney General Chief Legal Officer
Secretary of State Keeps official records – licenses, marriage certificates, etc.
Comptroller Pays Bills
Treasurer Banker – Keeps track of money going in and out.
Judicial Branch - Supreme Court of Illinois
Number of Justices in Supreme Court = 7 Justices
Voting Requirements for Illinois = 18 Years old, 6 months resident of state, 30 days resident of district
Last time a new Illinois State Constitution was written was 1970.
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