US Constitution Cheat Sheet, Cheat Sheet of Constitutional Law

Download US Constitution Cheat Sheet and more Cheat Sheet Constitutional Law in PDF only on Docsity! U.S. CONSTITUTION TEST PREPARATION GUIDE This is only a study guide with some examples. The Education Department strongly recommends that you utilize the following sources to study for this exam: 1. The Constitution of the United States of America, including full texts of all Amendments (see attached copy from the National Constitution Center in Philadelphia). 2. A history of landmark Supreme Court cases such as Saul K. Padover's The Living U.S. Constitution. (McHenry Library, call # KF 4550.U5 3. The Constitution of the U. S., Floyd G. Cullop, Mentor, $5.99 (especially the questions and answers in the last section). 4. A general American History textbook, particularly the sections on the Revolution through 1865 (special focus on the Constitutional Convention). THE CONSTITUTION The Preamble to the Constitution: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of the liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." Amendments Procedures for passing an amendment to the Constitution (Article V): • 2/3rds of both Houses propose Amendment to the Constitution. OR • On the Application of the legislatures of 2/3rds of the states, shall call a Convention for proposing an Amendments to the Constitution. àIn either case, must be ratified by the legislatures of 3/4ths of the states or by conventions in 3/4ths of the states. First Ten Amendments: Bill of Rights (ratified in 1791) Brief description—Read full text in U.S. Constitution): I. Freedom of religion, speech, press, assembly, and petition II. Right to bear arms III. Housing of troops in time of by owner’s consent. In time of war, in manner prescribed by law. IV. Prohibits unreasonable search and seizure V. No person can be tried for the same offense twice (double jeopardy), nor witness against him/herself; nor be deprived of life, liberty or property without due process; nor have property taken for public use without compensation. VI. Right to a speedy trial by an impartial jury of the state; informed of nature and cause of accusation, confronted by witnesses against him and obtain witnesses in favor; right to legal counsel. VII. Right to a trial jury in suits at common law where value exceeds $20. VIII. Prohibits excessive bail fines & cruel or unusual punishment IX. Rights outlined in the Constitution do not deny others retained by the people. X. Powers not given to federal government nor prohibited by it to the Senate, are reserved to the States, or to the people. Amendments Eleven through Twenty-six: XI. Suits against a state must be tried in state courts XII. Prescribes procedures by which President & Vice President are elected: Determined by electoral college in states; majority of votes wins. If no person has a majority of votes the House of Representatives shall elect by ballot. XIII. Slavery or involuntary servitude shall not exist in US except as a punishment for crime where the party has been duly convicted. XIV. States cannot make or enforce law that abridge privileges of citizenship. XV. Guarantees the right to vote regardless of race, color, or previous condition of servitude Curlett) Declared school-sponsored Bible reading and state sponsored prayer in U.S. public schools to be unconstitutional. State vs. Federal Rights 1824: Gibbons vs. Ogden, A case related to the “Commerce Clause” empowering Congress to regulate interstate and foreign commerce (Article I, sec. 8). Defined commerce expansively, far beyond mere exchange of goods to include new forms of transportation (steamboats), etc. 1920: MO vs. Holland, Supremacy of U.S. Congress' treaties over state constitutions. 1937: West Coast Hotel vs. Parrish, State & Congress can regulate minimum wage. 1962: Baker vs. Carr-- Reapportionment (attempts to change the way voting districts are delineated) issues present justifiable questions, thus enabling federal courts to intervene in and to decide reapportionment cases. States need to draw their electoral districts according to population. 1793: Chisholm vs. GA. A state could be sued by non-resident (federal courts had jurisdiction between a state and citizen of another state or country). Later overruled by the 11th Amendment. 1803: Marbury vs. Madison, A landmark case, formed the basis of the exercise of judicial review in the U.S. (the idea that courts may oversee and nullify the actions of another branch of government). The landmark decision helped define the "checks and balances" of the American form of government. 1937: Natl. Labor Relations Board vs. Jones Laughlin Steel Corp--Effectively spelled the end to the Court's striking down of New Deal economic legislation, and greatly increased Congress's power under the Commerce Clause. Congress and their agencies can regulate intrastate commerce activities and labor “if they have such a close and substantial relation to interstate commerce that their control is essential or appropriate to protect that commerce from burdens and obstructions.” EXECUTIVE AND LEGISLATIVE BRANCHES President • Commander & Chief of Army, Navy and State Militia. • Has the power, by advice and consent of the Senate to make treaties (2/3rds of Senate must approve). • May nominate, and by and with the advice and consent of the Senate, Ambassadors and Supreme Court Justices. • Requirements to hold office: 35 yrs old, US native born citizen, resident of U.S. for 14 years. • Oath-preserve, protect, and defend Constitution. • Bills to law: President may veto or sign in 10 days, or the bill is returned to Congress for 2/3rds vote in order to overcome the veto. If more than 10 days passes before returning the bill, the bill automatically becomes law. • Pocket Veto – President does not sign (“holds in pocket”) and Congress has already left, results in a veto. Vice President • VP: In Constitution of 1787, the VP was originally the candidate with second highest # of votes received for President. 12th Amendment established separate ballots for president and vice-president. • Requirements to hold office: Same as the President. • President of the Senate, but votes only if tie; (if VP is not in attendance the pro- tempore votes). • In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the office, the powers and duties of the office devolve to the Vice President. Congress • Comprised of U.S. House of Representatives and the Senate. • Only Congress can declare war. • Congress has responsibility for naturalization laws and ratifying treaties. • Must meet annually. House of Representatives • Powers that H of R has that Senate doesn't have a) Revenue bills originate in the H. of R. (can be amended to & are approved by Senate) b) Bring charges of impeachment for President/V.P. Ø Majority of H of R required to 'impeach'; Ø Then senate holds trial- with 2/3rds vote required to convict Ø Chief Justice is President of Senate; rather the VP Ø Andrew Johnson & Bill Clinton both impeached. Ø Majority of the H. of R. voted to impeach; both were tried in the Senate but neither was convicted of charges. • Has 435 Members, apportioned based on population • Lead by Speaker of House (selected by majority party; presides over debate-not excluded from vote like the VP/Pres. of Senate) • House members must be 25 yrs old, 7 yrs. as a US citizen at the time of election, and a resident at the time of election of the congressional district within the state he/she represents. Serve for a 2 year term. Senate • Initially in the Constitution: appointed by their state legislatures (changed to vote by the people-- 17th Amendment) • 2 Senators per state. Number NEVER to be changed by amendment (Constitution does not allow changes in Senate representation) = 100 members. • Senators must be at least 30 yrs old, 9 yrs. as a US citizen at time of election; term is 6 years; 1/3 elected every 2 yrs. • Impeachments are tried in the Senate • Ratify treaties • President of the Senate (VP) only votes in the case of tie. • 13th Amendment: Slavery or involuntary servitude shall not exist in US except as a punishment for crime where the party has been duly convicted. • 15th Amendment: Guarantees the right to vote regardless of race, color, or previous condition of servitude. • 19th Amendment: Guarantees women the right to vote: the right to vote cannot be denied or abridged based on sex. • 24th Amendment: Right to vote for President, V.P. & Congress without poll tax or other tax. 20th Amendment: The terms of President & Vice President begin on Jan. 20; terms of Congress on Jan. 3. “If, at the time fixed for the beginning of the term of President, the President elect shall have died, the Vice President elect shall become President.” • 22nd Amendment: The President is limited to serving 2 consecutive terms. • 25th Amendment: In the case of removal of the president from office, death or resignation, the VP assumes office. Outlines procedures by which the VP assumes the powers and duties as the Acting President. If vacancy in VP, President nominates a VP and both houses must confirm by majority vote. • The Bill of Rights: The first 10 amendments; ratified in 1791. • THE PREAMBLE to the Constitution: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” EXECUTIVE & LEGISLATIVE BRANCHES PRESIDENT • Commander & Chief of the Army, Navy & State Militia. • At least 35 yrs. old, a US “natural born” citizen, and have been a resident in US for 14 yrs. • Oath of Office: “… preserve, protect, and defend the Constitution of the United States.” • Bill to law: After passing both houses of Congress, Pres. must sign bill in 10 days or veto it and return it to Congress (requires 2/3rds vote to override veto). If more than10 days has elapsed, the bill becomes law. Pocket veto: Allows President to indirectly veto bill if Congress is adjourned before the end of 10 days and president fails to sign a bill. VICE PRESIDENT • Same eligibility requirements as president. • VP: In Constitution of 1787: VP was the presidential candidate with the second highest # of votes received. • Pres. of Senate but only votes if there is a tie. If V.P. is absent, the pres. Pro-tempore (pro tem) may preside over Senate. CONGRESS • Only Congress can declare war. • Congress has responsibility for naturalization laws & ratifying treaties. • Must assemble at least once each year. HOUSE OF REPRESENTATIVES: • 2 powers reside with H. of R. that Senate doesn't have: • a) All revenue bills originate in H.of R. (can be amended to & are approved by Senate). • b) Bring charges of impeachment for Pres/V.P. A simple majority of H.of R. required to "impeach"; then Senate holds a trial and may convict with a 2/3rds vote required. Chief Justice-rather than VP- serving as Pres. of Senate. - --Andrew Johnson & Bill Clinton both impeached (i.e., majority of the H.of R. voted to impeach). Senate hel trial; neither was convicted. • Have 435 members, regardless of population. Currently, 1 member represents 650,000 people. • Led by Speaker of House (chosen by majority). • Rep. must be 25 yrs. old, 7 CONSTITUTIONAL CONVENTION • Constitutional Convention: 1787 in Philadelphia with 55 delegates from 12 states (19 didn't attend, including all from Rhode Island); Washington presided over Convention and was1st to sign the Constitution (Wm. Johnson last to sign). Greatest issue: state rights. • Federalists: supporters of Constitution, A. Hamilton, author of The Federalist Papers (vs. anti-Federalists led by Patrick Henry). • A convention of 9 of 13 states needed to ratify -9th state was NH in 1791 (last: RI). • In original Constitution: Slaves (who were referred to as "other persons") counted as "3/5ths" a person for determining # of representation in Congress. • Writ of Habeas Corpus: Legal document stating right of a jailed person to be released if proper charge cannot be brought. • Treason: levying war against US or adhering to their enemies, giving them aid & comfort; 2 witnesses to act or confession in open court. AMERICAN CITIZENSHIP • Accorded to those born in American territories, including Puerto Rico & Virgin Islands. • Requirements to be "naturalized" as a citizen: 18 years (unless child of a citizen), lived in US 5+ yrs., speak & read English; swear to support Constitution, and judged of good moral character. yrs. as a US Citizen & must be a resident of the district and state at the time of election. All are elected every 2 yrs. SENATE • In initial Constitution: appointed by their state legislatures (changed with 17th Amendment). • Allocation of 2 Senators per state can NEVER be changed by amendment (per Constitution only item on which there can't be an amendment). • Senator: 30 yrs. old, 9 yrs. as a US citizen, must be resident of the state at the time of election. • Senate: 1/3 elected every 2 years (for 6 year term). • Sole power to try impeachments. US CONSTITUTION-Sample Test Items 1. Commander & Chief of Army, Navy, State Militia? 2. Naturalization laws are enacted by? 3. How are the seats in the House of Representatives apportioned? What is the number of House members? 4. Amendments can be proposed by? 5. Who can declare war? 6. Who is President of the Senate and what is his/her role? 7. Who refused to send delegates to the Constitutional Convention? 8. What is a writ of Habeas Corpus? 9. House of Representatives are limited to how many members? (Regardless of increase in population). 10. What are the requirements to be a US Representative? 11. Who was opposed to the Constitution? 12. What is the process for a bill becoming a law? 13. What are the requirements to become a Senator and what sole power lies with the Senate? 14. What is the definition of treason? 15. What are the requirements to be President? 16. How are finance bills proposed and approved? 17. How often are Senators and the House of Representatives elected? 18. Describe some important facts about the Constitutional Convention. 19. Which president (s) were impeached? 20. How are Amendments ratified? 21. How are Amendments proposed? 22. Amendment XXVI [26] 23. Amendment XXV [25] 24. Amendment XXIV [24] 25. Amendment XXIII [23] 26. Amendment XXII [22] 27. Amendment XXI [21] 28. Amendment XX [20] 29. Amendment XVIII [18] 30. Amendment XVII [I7] 31. Amendment XVI [16] 32. Amendment XV [15] 33. Amendment XIV [I4] 34. Amendment XIII [13] 35. Amendment XI1 [12] 36. Amendment XI [11] 37. Amendment X [10] 38. Amendment IX [9] 39. Amendment VIII [8] 40. Amendment VII [7] 41. Amendment VI [6] 42. Amendment V [5] 43. Amendment IV [4] 44. Amendment XIX [19] 45. Amendment III [3] 46. Amendment II [2] 47. Amendment I [I] 48. Chisholm Vs. Georgia (1793) 49. Constitution was adopted when? Ratified when? 18. Held in Philadelphia in 1787. First to sign was George Washington & William Johnson was the last. 12 states were represented. 19. Andrew Johnson and Bill Clinton were both impeached by the House of Representatives. Johnson was tried by the Senate, but acquitted by 1 vote (a 2/3rds majority is required). Clinton was tried in the Senate and found not guilty of the charges brought against him (the vote on both counts falling short of the 2/3rds majority). 20. a.) By 2/3 vote in both houses of Congress or b) By a National Convention called by Congress at the request of 2/3rds of the states. 21. a) By the legislators of 3/4ths of the states or b) By conventions in 3/4ths of the states. 22. Voting age is lowered: citizens of the U.S., 18 years or older may not be denied the right to vote. 23. Presidential succession: a) If Pres. resigns, is removed or dies in office, V P. becomes President b) If vacancy in V.P. office - Pres. nominates. c) If President is unable to carry out his/her duties then V.P. assumes office as acting President. 24. The right of citizens of U.S. to vote for President, V.P., Senators or representatives shall not be denied due to failure to pay poll tax or other tax. 25. Gives Washington D.C. residents the right to vote for President and Vice President. 26. President cannot be elected more than twice. 27. 18th Amendment prohibiting the manufacture, sale or transportation of liquor is repealed. 28. The terms of Pres. and V.P. shall end at noon the 20th day of January - Terms of Senators and Reps shall end on the 3rd day of January at 12:OO noon. a) Congress assembles at least once per year b) If President-elect dies, V.P.-elect becomes President. c) If neither the President or the VP qualifies, the Congress can select the President until a President or VP shall have qualified. 29. The manufacture, sale or transportation of intoxicating liquors is prohibited. 30. The Senate shall be composed of 2 Senators from each state elected by the people for 6 years. 31. Income Tax: Congress shall have the power to lay and collect taxes on incomes whatever source derived without regard to any census or enumeration. 32. The right of US. citizens to vote no matter race, color or previous condition of servitude- Congress has the power to enforce this. 33. No state shall make or enforce any law that abridges the privileges or immunities of citizens of the U.S., nor shall the state deprive any person of life, liberty or property without due process of law; nor deny any person equal protection under the law. Part 2 - Each state will count its representatives as whole numbers of persons. 34. Neither slavery nor involuntary servitude except as punishment for a crime shall exist in the U.S. or anywhere subject to its jurisdiction. 35. Pres. & Vice Presidential electoral procedure revised: a) Electors meet in states to vote. b) Majority of votes wins c) Names of candidates for VP and Presidential appear on distinct ballots. d) If Electoral College doesn't reach a majority vote, the House of Representatives vote. 36. Suits against the state must be tried in state courts: The judicial power of U.S. cannot extend to any suit in law or equity, commenced or prosecuted against one of the U.S. by citizens of another state or by citizens of a foreign state. 37. Powers not given to the federal Government belong to the states or to the people - The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states respectively, or to the people. 38. The enumeration in the Constitution of certain rights shall not be constructed to deny or disparage other rights retained by the people. 39. Prohibits excessive bail fines and cruel and unusual punishment - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 40. Right of trial by jury: In suits at common law where the value in controversy shall exceed $20. 41. Right of a person accused of a crime. Right to a speedy trial: In all criminal prosecutions, the accused shall enjoy the right to a speedy trial and public trial, by an impartial jury of the senate and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witness in his favor, and have the assistance of counsel for his defense. 42. Rights of Accused persons: No persons shall be held to answer for capital, or otherwise infamous crime unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces or in the Military when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice in jeopardy of life or limb; nor shall be compelled in any case (crime) to be a witness against himself nor have his property taken for public use without compensation. 43. Prohibition of Unreasonable Search & Seizure: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, support by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 44. The rights of citizens to vote shall not be denied on the account of sex. Congress shall enforce. 45. Housing of Troops: No soldier, shall in, times of peace be quartered in any house without consent of the owner, nor in any time of war, but in a manner to be prescribed by law. 46. Rights to bear arms: A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. 47. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of people to peaceably assemble, and to petition the Government for a redress of grievances. 48. A state could be sued by a non-resident for the payment of debts giving federal courts jurisdiction over disputes between a state and a citizen of another state or foreign country. Chisholm won. Overturned by 11th Amendment. 49. Delaware was 1st to approve; adopted (accepted) in 1788; ratified 1791, last state to ratify was Rhode Island. 50. Established the Supreme Court as the nation’s final arbiter of the Constitution. Ruled a provision of an act of Congress to be unconstitutional. (Marbury won this commission). 51. Further defined commerce in the Constitutional clause. Congress shall have the power to regulate commerce with foreign nations among several states, and with the Indian tribes—extended definition of commerce beyond goods—transportation, etc. (resulted in the explosion of the steam boat commerce). 52. Ruled slavery legal - court held that Congress had no constitutional power to forbid slavery in the New Territories of the west. Dred Scott lost and was denied his freedom. 53. Separate but Equal: Separate but equal facilities were neither unreasonable nor illegal - condemned Blacks to second-class citizenship (inferior facilities including schools, etc. ). (Later reversed in 1954- Brown vs. Board of Education)