Study Guide for Nevada Teacher Licensure Examinations

1.1 Legislative Department

 

How many houses in congress?

2 (house of representatives and senate)
how many houses were proposed originally in the articles of confederation?
1
what is the only body with the power to make the nations laws?
congress

1.2 house of representatives

 

what is the term length for a representative in the house of representatives?

2 years
what is required of a person in order to be able to vote for congressional representatives?
that they are qualified to vote for state representatives
what was the length of the term for a house of representatives representative originally proposed by the articles of confederation?
1 year 
how old must representatives in the house of representatives be?
25
how long must representatives in the house of representatives be a us citizen?
7 years
where must a representative in the house of representatives live?

in the state that he/she represents

 

***in England, representatives were not mandated to live in the district they represented

could a woman have been elected to the house or senate before women could vote?
yes, technically
what determines the number of representatives that a particular state has in the house of representatives?
state’s population
what was the formula for determining a state’s population before the 14th amendment?

# of free persons + 3/5 of the # of slaves – non-taxpaying indians

 

***indentured servants (owed their service) were counted as 1 whole free person

What did the 14th amendment do?
freed the slaves
when was a census first taken?
3 years after congress first met
when were the subsequent census to then be taken?
every ten years on years that end with zero
how many total representatives were in the house at the time that the articles of confederation were drafted?
65
what is now the total number of seats allowed in the house of representatives?
435
what act set the current total number of seats allowed?
the reapportionment act of 1929
who is to cal for an election if a representative dies or resigns?
the governor of that state
what does impeachment refer to?
the house bringing charges against a government official
who renders judgement in the case of an impeachment?
the senate
how much of the vote is needed to remove a person from office?
2/3 of the senate’s vote
1st Amendment

freedom of religion, speech, press, assembly, petition (1791)

;

there are no completely unlimited freedoms

;

congress shall make no law preventing people from meeting peacefully or from asking for help when they have been treated unfairly

2nd Amendment

The right to bear arms (1791)

3rd Amendment

Quartering of Troops (1791)

;

in peacetime, no soldier shall live in a person’s house without the permission of the owner. in wartime, special laws can provide exceptions

4th Amendment

Search and seizure (1971)

 

a warrant needs good reason

 

oaths/swearing/affirmation declares something is true. falsifying oaths is perjury

3rd Amendment
Quartering of Troops (1791)
4th Amendment
Search and Seizure (1791)
5th Amendment

Grand Jury, Double Jeopardy, Self-incrimination, Due process (1791)

 

a capital crime’s punishment is death

;

double jeopardy – people can’t be tried for the same crime twice

 

people cannot be forced to testify against themselves in court

 

 

6th Amendment

Criminal Prosecutions – Jury Trial, Right to Confront and to Counsel (1791)

 

prompt, open trial

 

unbiased jury

 

accused has the right to be represented by a lawyer

7th Amendment

Common Law Suits – Jury Trial (1791)

 

guarantee jury trials for persons accused of crimes

8th Amendment

Excess bail or fines, cruel and unusual punishment (1791)

 

bail and fines used as punishment must fit the crime

9th Amendment

non-enumerated rights (1791)

 

if a right is not listed in the constitution that doesn’t mean it doesn’t exist

10th Amendment
rights reserved to states (1791)
11th Amendment

Suits against a state (1795)

 

came about bc a man from south carolina successfully sued the state of georgia

 

the only amendment that limits the judicial branch

12th Amendment
Election of President and Vice President (1804)
13th Amendment

abolition of slavery (1865)

 

convicted criminals are still subject to “involuntary servitude”

14th Amendment
privileges and immunities, due process, equal protection, apportionment of representatives, civil war disqualification and debt (1868)
15th Amendment
rights not to be denied on account of race (1870)
16th Amendment

income tax (1913)

 

in 1894, congress passed a law imposing a tax on income. the supreme court ruled it unconstitutional. this amendment set aside the court’s ruling

17th amendment

election of senators (1913)

;

this changes article 1, section 3…

2 senators from each state

18th;Amendment
prohibition (1919) – later repealed
19th;Amendment

granted women the right to vote (1920)

;

only 9 states permitted women to vote before this amendment was added

20th;Amendment

new terms of office (president, vice president, and house of representatives)

;

changed sections of articles 1 and 2 AND the 13th amendment

;

President and Vice-President’s terms end at noon January 20

 

Congress’ terms end at noon on January 3

21st amendment
repealed prohibition (1933)
22nd;Amendment

limited president to two terms (1951)

;

this amendment was introduced and passed following Franklin Roosevelt’s four successive elections

 

Thomas Bailey said this amendment was “something of a kick at the corpse of Roosevelt”

23rd Amendment

granted washington DC Residents right to vote (1961)

 

DC did not have this right until March 29, 1961

24th Amendment

Granted right to vote despite failure to pay poll tax (1964)

 

in 1966 the supreme court ruled that the states could not keep citizens from voting in any election bc of unpaid taxes

25th amendment

presidential and vice presidential succession (ratified february 10, 1967)

 

changed article 2, section 1

26th amendment

granted 18 year olds the right to vote (July 1971)

 

Voting Rights Act of 1970

27th amendment

banned mid-term pay raises for congress (1992)

 

originally drafted by James Madison in 1791 as part of our bill of rights

which amendments protect the rights of persons accused of crimes? 
4-8

what is eminent domain?

(found in the 5th amendment)

government’s authority to take private property for the good of the larger public

what are the “civil war amendments”?

;

13, 14, 15
lincoln’s emancipation proclamation
1863
COLAs
cost of living adjustments
who are the presidents that have been impeached by the house but not impeached by the senate?

1868 – andrew johnson (senate didn’t convict)

;

1974 – richard nixon (he resigned before a vote for impeachment could occur)

;

1998 – bill clinton (senate voted for aquittal)

what is the congressional record?

every word spoken in the house or senate

;

senators and representatives are permitted to amend their remarks before they are published

what is a quorum

minimum number required to conduct official congressional business

(half +1)… simple majority

what are emoluments?
salaries, raises, rewards, or other benefits
what are senators and representatives immune from?
being arrested except for treason, serious crimes, or other criminal offenses, or for charges of slander for what they say during a session
who may write and introduce tax bills?
house of representatives
who may offer to ask for amendments to tax bills?
the senate
how may a presidential veto be overridden?
a 2/3 vote of each house
what is a pocket veto?
when the president does not return a bill within ten days (excluding sundays) the bill becomes a law BUT ONLY IF THE CONGRESS IS IN SESSION. If congress is no longer in session, the bill dies
what are duties?
taxes on goods entering the country
what does congress have the power to do?

  • borrow money
  • make rules about trade
  • make rules about becoming a us citizen
  • stamp or print money
  • establish courts
  • declare and finance war
  • raise and pay an army

who is the “commander in Chief”?
the president
how many times has the president sent troops to foreign countries?
160
how many times has congress declared war?

5

;

what act attempted to limit presidential authority in the realm of war and what did the act say?

war powers act (1973)

;

congress must be notified of action to send military within 48 hours and must approve it within 90 days

what are letters of marque?
letters given to people by the government allowing them to use ships to fight our enemies or take enemy property
what is the “elastic clause”?
congress has the power to create laws. this phrase is purposefully vague
what is a writ of habeus corpus
an order to present a prisoner before a judge to determine if they are being held lawfully
what is a bill of attainer and when were they used?

people could be declared guilty without trial and forfeiture of their property could occur if they were sentenced to death, thus cutting off the rights of heirs

;

these were used in colonial times in our country

when was the original elector system altered?

by the 12th amendment in 1804;

;

passed in part because in 1800 thomas jefferson and aaron burr each received the same number of electoral votes

what are the rules to be president?

must be a US citizen by birth

be 35 years old

have lived in the US for 14 years

What is the Presidential Succession Act (1886)?

determines the line of succession if the president dies or is incapable of performing his duties

;

vice-president

speaker of the house

president pro tempore (president of the senate)

secretary of state

secretary of the treasury

secretary of war

attorney general

postmaster general

secretary of the navy

secretary of the interior

what abilities does the president have?

  • the power to pardon
  • make treaties with other countries if 2/3 of the senators who are present concur
  • appoint people to represent the country abroad
  • nominate supreme court judges
  • may call either house or the whole congress together for a special session

;

how long is a federal judge’s term?
for life and only ends with impeachment or when they retire
when was the ratification of the constitution?

september 17, 1787

 

rhode island was not present.

42 men were there when the constitution was signed

3 refused to sign

the 9th state (new hampshire) ratified the constitution on june 21, 1788

US constitution – article 1

the legislative branch

US constitution – article 2

the presidency

 

US constitution – article 3

 

the judiciary

 

US constitution – article 4

 

the states

 

US constitution – article 5

 

the amendment process

 

US constitution – article 6

 

legal status of the constitution

 

US constitution – article 7

 

ratification

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