20th/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?
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).
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?
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)
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
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:
(http://ushistoryharwood.pbworks.com/f/checkandbalance.jpg)
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 1976.
•
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.
•
Election. If no candidate receives a majority in the Electoral College, the House of
Representatives selects the President. This happened in 1800 and 1824.
•
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)