1. What are the requirements for becoming a Representative? How long do they serve?

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1 20 th /Raffel Constitution Study Questions Directions: To complete these questions, you need to read an online version of the constitution, available from the class website (select Online Constitution under the Class Work and Activities section). Answers to questions that include see notes can be found at the end of this handout (after the questions). You must answer one question-assigned by Mr. Raffel from this sheet. (see unit assignment sheet for due date and point value.) ARTICLE I: LEGISLATIVE BRANCH Section 1: Legislative Powers; The Congress The Constitution created a bicameral (or two house) legislature, consisting of the House of Representatives and the Senate. The purpose of Congress is to make laws. Section 2: House of Representatives 1. What are the requirements for becoming a Representative? How long do they serve? 2. How does the Constitution divide up representation in the House of Representatives? 3. What is the minimum number of Representatives any given state can have? 4. Who represents Lincoln-Sudbury Regional HS in the House? (see notes) Section 3: Senate 5. How many Senators does each state send to Congress? How long do they serve? 6. What are the requirements for becoming a Senator?

2 7. Currently, who are the two Senators from Massachusetts? (see notes). 8. Who is President of the Senate? When is his/her key responsibility? Section 7 Revenue Bills, President s Veto 9. What special power is given to the House? Section 8: Congressional Powers 10. List five of the most important Congressional powers (a.k.a. Delegated or Enumerated powers). a. b. c. d. e. 11. Who has the power to declare war? Have there ever been any exceptions? If so, when? (see notes).

3 12. Re-write the last Congressional Power (#18) in your own words (Hint: this power is known both as the Elastic Clause and the Necessary and Proper clause.) 13. What is impeachment? What are the roles of the House and the Senate in the impeachment process? (see notes) Section 9: Powers Denied to Congress 14. Congress cannot suspend an individual s right to a Writ of Habeas Corpus except in time of open rebellion. What is a Writ of Habeas Corpus? Section 10: Powers Denied to the States 15. What powers are forbidden to the states? Why did the Constitution prevent the states from exercising such powers? ARTICLE II: EXECUTIVE BRANCH Section 1: President and Vice President 16. How long is the President s term? What are the requirements for becoming President?

4 17. Who becomes President of the U.S. if the President dies or becomes incapacitated? (see notes). Section 2: Powers of the President 18. List some of the powers delegated to the President. 19. Before a treaty becomes law, or a high-ranking non-elected government official takes office, what other part of the government must agree? 20. What advisory committee did the Constitution help create? (see notes) ARTICLE III: JUDICIAL BRANCH 21. What is the purpose of the Judicial Branch? (see notes) 22. What power does the Supreme Court now have that was not specifically provided for by the Constitution? How did the Court get this power? (see notes) ARTICLE V: PROVISIONS FOR AMENDMENT 23. What is the most common way that the Constitution can be amended? (see notes)

5 ARTICLE VI: NATIONAL V. STATE GOVERNMENT 24. What happens if a state law and a national law conflict? Which law is considered supreme? (This clause is often referred to as the Supremacy Clause. ) 25. What powers do states have in our Federal system of government (see notes)? 26. What powers (concurrent powers) do both the states and the national government have in our Federal system of government (see notes)? AMENDMENTS (AFTER ARTICLE VII): 27. How many times has the constitution been amended? Other Features of the Constitution: ( Notes ) Federalism Our constitution sets up a system of government where power is shared by the national government and the states. Important state powers include: regulating trade within a state, maintaining schools, establishing local governments, conducting elections, making laws about marriage and divorce. Some powers (known as Concurrent Powers ) are shared by the national government and the states. Examples of Concurrent powers include: borrowing money, imposing taxes, administering a court system and chartering banks. Amendments: The constitution specifies several ways for amendments to be added. The most common way is for the House and Senate to vote for an amendment by a 2/3 majority. Then, 3/4

6 of the states legislatures must also approve the amendment. Note that the President is not involved in the process. Checks and Balances: A system of power sharing set up by the constitution to make sure that no single branch of government becomes too powerful. Graphic below taken from: ( Separation of Powers: The constitution established distinct legislative, executive and judicial branches within the Federal (national) government with their own powers. Executive Branch: Pardons. The President has the power to pardon all federal criminal offenses. The pardon may be issued after the crime has been committed, but before any formal charges have been filed. The most famous pardon in U.S. history occurred on September 8, 1974, when President Ford pardoned Richard Nixon barely one month after Nixon resigned. Ford believed that putting Nixon on trial would be an unbearable ordeal for the nation. The pardon was extremely controversial, and likely was the major reason why Ford was not re-elected in Presidential Succession. According to the 25th amendment, if the President dies while in office, the vice-president becomes President. If the President and Vice President die together, the succession order is as follows: Speaker of the House, President pro-tempore of the Senate, the Secretary of State, then other Cabinet officials, in the order that their agency was created.

7 Election. If no candidate receives a majority in the Electoral College, the House of Representatives selects the President. This happened in 1800 and The Cabinet. The President s chief advisors are collectively known as the cabinet. Each member of the Cabinet is referred to as Secretary (i.e. the Secretary of Defense, the Secretary of State, etc.) The head of the Justice Department is known as the Attorney General. Together, the cabinet runs the national government. To become a member of the cabinet, the President selects (nominates) someone, who is then voted on by the Senate. Legislative Branch: Massachusetts Congressional Representatives. and represent Massachusetts in the U.S. Senate. Massachusetts has representatives in the House of Representatives. represents L-S in the House of Representatives. Declaring War. The Constitution gives Congress the power to declare war. However, since World War II, Presidents have frequently sent troops into combat without a formal declaration of war from Congress. In particular, the United States fought in Korea, Vietnam and twice in Iraq without a formal declaration of war from Congress. In each instance Congress passed resolutions giving the President permission to send U.S. troops into combat. Impeachment refers to the process of accusing a federal official of wrongdoing. The House of Representatives starts the process by voting (by majority) to impeach/accuse an official of wrong doing. After the House votes to impeach, a trial takes place in the Senate. The Senate can convict an official of wrongdoing only with a 2/3 vote. The Chief Justice of the Supreme Court presides over the trial in the Senate. Two U.S. Presidents: Andrew Johnson and Bill Clinton, were impeached, but neither was convicted/removed from office. Richard Nixon resigned as President in 1974 rather than face certain impeachment. President of the United States Judicial Branch: The Judicial Branch, led by the U.S. Supreme Court, has the power to review laws to make sure they are consistent with the Constitution. If the national government (or a state government) passes a law that violates the constitution, the Supreme Court can overturn (cancel) the law using its power of Judicial Review. This power, which the authors of the Constitution assumed the court would have, is not actually described in the Constitution itself. The court first used this power in the case of Marbury v. Madison (1803)