Study Guide 5 and 6 Questions

7 May 2023
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question
What human frailties does a written Constitution protect against?
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1. Greed 2. Love of Power 3. Self-gain
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What does it mean to be governed by law, not men?
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This means that laws control the government, and decide how the people are governed.
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Why is a written constitution important?
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A written constitution is important because it binds down rulers or people that have power, and stops them from creating unjust laws and policies.
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What are the terms of office for representatives?
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2 years
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What is the term for senators?
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6 years
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What are the qualifications for representatives?
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You have to be at least be 25 years old , a US citizen for at least 7 years, and you have to live in the state you're representing.
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What are the qualifications for senators?
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You have to be at least 30 years old, a US citizen for at least 9 years, and you have to live in the state you're representing.
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Who elects representatives?
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The people do.
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According to Article 1, who elects senators?
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Originally, the state legislatures elected them, but the 17th Amendment changed that , and now the people elect the senators.
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How are vacancies handled in the house?
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When vacancies occur, the Executive Authority shall issue an election to fill vacancies.
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How are vacancies handled in the senate?
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When vacancies occur, a person will be temporarily appointed until the next meeting of Legislature.
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What powers are vested in the house?
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The power to create bills.
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What powers are vested only in the Senate?
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The Senate has the power to propose or concur with Amendments as on other bills. They also have the sole power to try all impeachments.
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What is a presidential veto?
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Congress must pass a bill through both houses, and the President must sign it before it becomes law. The President may choose instead to veto the bill, sending it back to Congress, in which case it does not become law.
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What is a congressional veto override?
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If the president vetoes a bill, it can still become law if both houses re-pass it with a 2/3 majority.
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What is the quorum requirement?
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A quorum exists when a majority of members is present. A quorum is required to do business (vote, etc.) (If 50 senators are present, no quorum exists.)
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What powers does congress have?
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1. Regulate commerce 2. Tax and spend 3. Coin money 4. Declare war 5. Raise and support armies 6. Establish post offices and roads
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What is commerce?
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An interchange of goods or property.
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What does "among the states" mean?
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Across state lines.
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What is Habeas Corpus?
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This is the right to a trial before being convicted of a crime.
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When can Habeas Corpus be suspended?
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Article 1, Section 9, Clause 2 The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
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What is a bill of attainder?
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The bill of attainder was when the government granted the authority to anyone to capture enemy vessels and bring them before the court.
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What is an ex post facto law?
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It is either: 1. Declaring an act to be illegal after it has been committed. 2. Increasing the punishment for an act that has already been committed.
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Why does the constitution ban direct taxes?
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This required Congress to tax states based on state population rather than on individual income.
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How are states powers limited?
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Article 1, Section 10, Clause 1 They cannot: Conduct foreign diplomacies Grant any title of nobility Print their own money
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Why can't state's enter any treaties?
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This clause is included mainly to ensure that the states don't start acting like independent countries, undermining the national government.
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Why can't states lay imposts or duties on imports or exports without Congress' prior consent?
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Again, the states aren't independent nations, so they can't charge tariffs on imports from other states.
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Why can't states enter into any agreement or compact with another state or foreign power?
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The states aren't allowed to run their own armies or start their own wars.
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Under what circumstances may a state engage in war without Congress's prior consent?
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If a state is invaded by enemies, or the state is in danger of invasion.
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How long is the president's term?
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4 years, and he can be elected for two terms.
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What are the qualifications for US President?
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You have to be born in the US, you must be at least 35 years old, and you have to have lived at least 14 years in the US.
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Who elects the president?
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The Electoral College
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How are vacancies handled for the President's office?
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The Vice President becomes the President
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How is compensation handled for the President's office?
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The president receives a compensation, in which the value is not diminished nor increased, and he shall not receive any other payments from the US.
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What are the powers of the president?
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1. Issue executive orders 2. Commander in chief of the armed forces 3. Can issue pardons for federal offenses 4. Make treaties with the senate's approval