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The LEgislature is the congress and is made of two parts |
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DEfines H of R. Must be 25 and a citizen for 7 years to be a rep. elects its own members, a rep from each state, 1 rep for every 30,000 people.the leader "Speaker of the house" is chosen by the members |
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The Senate. Must be 30+, 2 reps from each state, serve 6 years. Lead by the PResident of the Senate (vice-president) who cannot vote unless the senate has a tie. |
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Each state may elect members of congress in it own way, and congress must meet at least once a year of December 4th, unless the date is changed by the legislature. |
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congress may only pass laws if the minimum number of members is present, members who do not show may be fined. Members may also be expelled and each house must have record proceedings and votes in a journal, neither house can adjourn without the permission of another.the house and senate can make heir own rules and punish or expel members if 2/3 agree. |
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Members of congress will be paid, will not de detained during a meting or traveling to and from congress, and may not hold another government position. members of congress do not have to answer questions about anything they said while in a house or senate meeting. |
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Any bills about taxes must start in the House. Bills must be passed through congress in the same form. Bills must pass through the house and the senate to be sent to the President.He can sign or veto the bill. if vetoed, the bill returns to congress and the house and senate vote. if both houses vote by 2/3 majority, the bill is passed as an overriding veto. |
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CONGRESSIONAL POWERS the congress has the power to create maintain an army, navy, post office or courts, regulate commerce between states, declare war, and raise money. Congress can set taxes to pay national debt or riasr mney for the military. ELASTIC CLAUSE-congress can pass any law to fulfill the above powers |
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CONGRESSIONAL LIMITS habius corpus, bills of attainder, ex post facto laws are porhibited.law cannot give preferance to one state over another, money cannot be taken from the treasury without a law passed. no noble title such as prince will ever be established by the government. |
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STATES LIMITS may not make their own money, delcare war, have navies, tax goods from toehr states, and some other rules set by section 9 for congress. |
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Presidents and vice-presidents have a term of four years. Presidents are elected by the electoral college: each state has one vote for each memeber of congress. must be 35, presidents must be born citizens of the united states, president will be paid a fixed salary while in office |
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PRESIDENTIAL POWERS commander and chief of the armed forces and the National Guard of all states.the cabinet aids him, he may pardon criminals, makes treaties with other nations and picks judeges and other governemnt people with the senates approval. |
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PResidential Duties: give a State of the Union Address, make suggestions to congress, act a head of state to ambassadors and other heads of state, make sure us laws are carried out. |
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President, vice president, civil officers of the US may be impeached from treason, bribery and other crimes |
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The Supreme court is the highest court in the US. Judges or judges for life, and they must be paid.Judicial power is vested in supreme courts and inferior courts established by congress. |
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Surpreme Court has the final word in any case. Trial by jury in a criminal court. Trials take place in the state where the crime occured |
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DEfines Treason: waging wars against the US, or assisting its enemies. no one can be tried for treason unless two witnesses testify or suspect confsses in court. |
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States must respect laws, public records and court proceedings of other states. Congress decides how these are are made official, distributed, and enforced. (eg. someone married in arizona is still considered married in florida) |
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Citizens of one state must be treated as equally and fairly as citizens of another state. Also, if someone commits a crime in one state and flees to another, they will be returned to the state they fled from. |
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concerns the admittance of new states and control of federal land. |
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The government must be republic (same as democratic-against monarchy or aristocracy) . The federal government will protect the states from invasion or insurrection. |
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When 2/3 of the legislature, or the H of R and the Sentate agree, a convention may be called to ammend the constitution. Amendments cannot take away any of a state's representation without the state's consent. Any ratified amendments are legitimate parts of the constitution. |
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The US under the constituion will assume all debts and contracts entered while under the Articles of Confederation. All laws and treaties of the US are supreme law of the land. All civil officers must swear an oath of allegiance to the US and the Constitution. |
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Once the constituion is ratified by nine states, it will take effect in those states. This constitution was completed under the agreement of all states present on September 17, 1789. |
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Freedom of speech, religion, assembly, press and protest. 1791 |
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the right to bear arms. 1791 |
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Soldiers may not be housed in people's homes during peacetime or war without their permission. Congress will determine another location. |
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People or their homes, papers and possesions will not be searched or taken without a good reason. Warrants may be issued if there are reasons for suspicion, and they describe the places to be searched and the people or objects to be taken. |
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Individuals may not be arrested for serious crimes unless formally accused by a grand jury.This does not apply to individuals in the military during wartime. An individual cannot be tried for the sae crime twice, does not have to say something to make him seem guilty in court, cannot have his life, freedom or property taken away illegally. |
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The individual accused has the right of a speedy, public trial with an unbiased jury in the state and district where the crime occured. the accused has the right to know his charge, listen to witnesses testify and call witnesses to testify in his defense. He also has the right to have an attorney. |
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Juries will try all suits exceeding the value of $20. Other American courts may only overturn a jury's decision if the law has been applied incorrectly. |
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Individuals do not have to pas unreasonable bail/fines, or suffer cruel or unusual punishment. |
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The rights in the constitution are not the only the only rights of the people. |
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Powers not mentioned in the Constitution that are not given to the government and are not forbidden to the states are left to the states and the people. |
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