The three branches of government: flashcards, quiz and summary

Flashcards

1. 1What are the three branches of the federal government, and what does each one do?

   Congress, the legislative branch, makes laws. The president, the executive branch, enforces them. The courts, the judicial branch, interpret them. This separation of powers keeps any one branch from holding all the power.

2. 2Why does Congress have two chambers, and how do the House and Senate differ?

   Congress is bicameral, with the House and the Senate. The House has 435 members based on state population, 2-year terms, and a minimum age of 25. The Senate has 100 members, two per state, 6-year staggered terms, and a minimum age of 30.

3. 3What are the steps by which a bill becomes a law?

   A member introduces the bill, and a committee studies it, where most bills die. The full chamber debates and votes, then the other chamber repeats the process. Both chambers must pass the exact same text. The president signs or vetoes it, and Congress can override a veto with a two-thirds vote in both chambers.

4. 4What is judicial review, and where does it come from?

   Judicial review is the power of courts to strike down a law or government action as unconstitutional. It comes from the Supreme Court decision in Marbury v. Madison (1803), under Chief Justice John Marshall, not from the Constitution's text.

5. 5What are checks and balances, and how does Congress check the president?

   Checks and balances let each branch limit the others. Congress checks the president by overriding vetoes, confirming appointments, approving treaties, controlling spending and impeaching. The president checks the other branches by vetoing bills and nominating judges.

6. 6How does federalism divide power between the national and state governments?

   Delegated powers belong to the national government, such as coining money and declaring war. Reserved powers belong to the states under the 10th Amendment, such as running schools and issuing driver's licenses. Concurrent powers are shared by both, such as taxing and borrowing.

7. 7What does the Supremacy clause do when a federal law and a state law conflict?

   The Supremacy clause says that a valid federal law wins over a conflicting state law. Federal law takes priority when the two directly clash.

8. 8How can the Constitution be amended, and how many amendments does it have so far?

   An amendment must be proposed by a two-thirds vote in both houses of Congress, or by a convention requested by two-thirds of the states, which has never been used. It must then be ratified by three-fourths of the states, which is 38 of 50. There are 27 amendments so far, and the first 10, the Bill of Rights, were ratified in 1791.

9. 9What is the difference between impeachment and removal from office?

   Impeachment is the formal charge brought by the House. Removal from office requires a two-thirds vote in the Senate, which holds the trial. Being impeached does not by itself remove someone from office.

Practice quiz

Pick an answer to check it.

1. 1Which power belongs only to the House of Representatives?

   1. Confirming Supreme Court justices
   2. Starting tax bills
   3. Approving treaties
   4. Holding impeachment trials
   Show the answer

   B. Starting tax bills Only the House starts tax bills and impeaches officials. The Senate confirms appointments, holds impeachment trials and approves treaties.

2. 2How many Senate votes are needed to approve a treaty?

   1. A two-thirds vote
   2. Three-fourths of the states
   3. Sixty votes
   4. A simple majority of senators present
   Show the answer

   A. A two-thirds vote The Senate approves treaties by a two-thirds vote. Sixty votes is the number needed to end a filibuster, and three-fourths of the states is the ratification threshold for amendments.

3. 3What does Congress need to override a presidential veto?

   1. A two-thirds vote in both chambers
   2. Three-fourths of the states
   3. A majority vote in one chamber
   4. A ruling from the Supreme Court
   Show the answer

   A. A two-thirds vote in both chambers An override requires a two-thirds vote in both the House and the Senate. Three-fourths of the states is part of the amendment process, not the veto process.

4. 4Where does the power of judicial review come from?

   1. An executive order from the president
   2. The 22nd Amendment
   3. The text of the Constitution itself
   4. Marbury v. Madison (1803)
   Show the answer

   D. Marbury v. Madison (1803) Judicial review was established by the Supreme Court in Marbury v. Madison (1803). It is not stated in the Constitution's text.

5. 5Under the 22nd Amendment, how many elected terms can a president serve?

   1. Unlimited, if Congress approves
   2. Two
   3. Three
   4. One
   Show the answer

   B. Two The 22nd Amendment limits a president to two elected terms. The president's term is 4 years.

6. 6A president does not sign a bill within 10 days, and Congress has adjourned. What happens to the bill?

   1. Congress must vote again within 30 days
   2. The Supreme Court decides whether it becomes law
   3. The bill dies
   4. It becomes law after 10 days
   Show the answer

   C. The bill dies This is a pocket veto. When Congress has adjourned, an unsigned bill dies. If Congress is still in session, an unsigned bill becomes law after 10 days, Sundays excepted.

Test traps

What teachers like to test on this, and the mistakes students make.

• Confusing impeachment with removal. Impeachment is the House's formal charge, and removal requires a two-thirds Senate vote after the trial.
• Mixing up which chamber does what. The House starts tax bills and impeaches, while the Senate holds trials, confirms appointments and approves treaties.
• Attributing judicial review to the Constitution's text. It comes from Marbury v. Madison (1803).
• Mixing up the two-thirds and three-fourths thresholds. Veto overrides and treaty approval use two-thirds, while ratifying amendments uses three-fourths of the states, 38 of 50.
• Assuming executive orders are laws passed by Congress. They are directions to federal agencies, and courts can strike them down or later presidents can cancel them.
• Getting the 10-day veto rule wrong. An unsigned bill becomes law after 10 days, Sundays excepted, unless Congress has adjourned, in which case it dies.

Summary

• The Constitution, written in 1787 and in effect since 1789, has a Preamble and seven articles, with Articles I, II and III creating the legislative, executive and judicial branches.
• Congress is bicameral: the House has 435 members elected for 2-year terms, and the Senate has 100 members, two per state, serving 6-year staggered terms.
• Only the House starts tax bills and impeaches officials, while only the Senate holds impeachment trials, confirms appointments and approves treaties by a two-thirds vote.
• A bill must pass both chambers in identical form, then the president signs or vetoes it, and Congress can override a veto with a two-thirds vote in both chambers.
• The president serves a 4-year term, is chosen through the Electoral College (270 of 538 electors needed), and can issue executive orders, which courts can strike down.
• The Supreme Court has 9 justices, and federal judges are nominated by the president, confirmed by the Senate, and serve for life unless impeached and removed.
• Judicial review, the power to strike down unconstitutional laws, was established by Marbury v. Madison (1803), not stated in the Constitution's text.
• Checks and balances let each branch limit the others, and federalism divides power among delegated, reserved and concurrent categories with the Supremacy clause favoring valid federal law.

Key terms

Separation of powers

The division of government into legislative, executive and judicial branches, where Congress makes laws, the president enforces them, and the courts interpret them.

Bicameral

A legislature with two chambers. Congress is bicameral, made up of the House of Representatives and the Senate.

Necessary and proper clause

The clause, also called the elastic clause, that lets Congress pass laws needed to carry out its listed powers.

Impeachment

The formal charge against a federal official. The House impeaches, and the Senate holds the trial. It is the charge, not the removal from office.

Electoral College

The body of 538 electors that elects the president. A candidate needs 270 electoral votes to win.

Judicial review

The power of courts to strike down a law or government action as unconstitutional, established by Marbury v. Madison (1803).

Filibuster

A delaying tactic in the Senate. Ending it takes 60 votes.

Pocket veto

What happens when a president does not sign a bill within 10 days (Sundays excepted) after Congress has adjourned. The bill dies.

Federalism

The split of power between the national and state governments, with delegated, reserved and concurrent powers.

Supremacy clause

The rule that a valid federal law wins over a conflicting state law.

How to study it

The notes this pack came from

Questions