“Critical Period” and the U.S. Constitution Flashcards

1
Q

When was the “Critical Period” and why is this time period given this name?

A

Began when U.S. independence was achieved and lasted until the Constitution was ratified
- critical of the AoC and the fundamental ideas that created the nation

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2
Q

What was the governing document of the U.S. at this time and how was the U.S. government structured (what institution(s) did the U.S. government consist of, how was it organized)?

A

Articles of Confederation
just a one-house Congress; no president, no Supreme Court

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3
Q

Why can the creation of the U.S. be likened to a “salad” rather than to a “pizza”?

A

13 states came together to create the US but we still separate

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4
Q

What aspects of the Articles of Confederation could be seen as creating a weak Congress, unequipped to address the new nation’s problems (and what were those problems)?

A

Congress was given limited powers and the leaves out important information
- Very vague and not clear making Congress very fragile
- Examples of being unequipped
-AoC says “no state” shall use state militia without permission useless the state is invaded
-Who controls the army under AoC? Congress declares war but state militias would agree to send troops
-Fails for mention anything about a national army
States are responsible for paying taxes in proportion to their size but made no mention of any consequences if they failed to do so

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5
Q

Why was “Shays’ Rebellion” seen as a particular illustration of the Articles of C.’s weaknesses?

A
  • Shays’ Rebellion - uprising in western Massachusetts in opposition to high taxes and stringent economic conditions
    -Could neither raise the money to pay the veterans nor raise an army to put down the uprising
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6
Q

How did Congress successfully resolve competing land claims in the West by different states? (the one problem Congress was truly able to solve!)

A

Land Ordinance of 1785
Northwest Ordinance of 1787

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7
Q

What was the original purpose of this convention and how/when/why did it change?

A

Original purpose was to FIX the AoC
- What happened? Decided to get rid of the AoC and start over again
- Decide how America was going to be governed
- Proposed changes to the AoC
- When? 1787

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8
Q

What features of the new Constitution written at this convention addressed the problems experienced under the Articles of Confederation (think taxes, war, representation)

A

Representation
- Great Compromise-
- Federalism (multiple governments)/ seperation of power (branches)
- Electoral College (remember no mention of political parties)

War
- States give up delegate certain powers to new US government
- Ex. declare war, control army/navy

Taxes
- Congress could collect taxes from states and coin money

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9
Q

What was the “Great Compromise”? Who wanted what and why? What was the result?

A
  • Great Compromise- a solution where both large and small states would be fairly represented by creating two houses of Congress
  • Smaller states fighting for more representation → Senate
  • Favored larger populated states → House of Representatives
  • What was the result? bicameral legislature
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10
Q

What was the “Three-Fifths” Compromise? Who wanted what and why? What was the result? What effects did this compromise have on the maintenance and growth of slavery in the U.S.?

A
  • ⅗ Compromise- ⅗ slaves was counted when determining a state’s total population for legislative representation and taxation (fostered continuation of slavery)
  • Southern states had wanted representation apportioned by population (including slaves)
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11
Q

Why was no bill of rights included in the original Constitution?

A

Believed it was unnecessary

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12
Q

What is federalism?

A
  • Multiple governments - dualsoverinty (2 governments with power given by the people)
  • Powers shared between national + state
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13
Q

What are “delegated” powers; why are they called “delegated” (i.e., where do they come from–who “delegated” them to whom?

A

powers granted to the national government
State delegate certain powers to the US government

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14
Q

What are some of the delegated powers? (you must know at least the following six:

A
  1. Levy and collect taxes
  2. Coin money;
  3. Declare war/make rules for army/navy
  4. Regulate interstate commerce
  5. Make laws re citizenship
  6. Make laws regarding patents and copyrights) [you should also know at least one of the following 7. Create post offices
  7. Regulate trade and make alliances with foreign nations
  8. Borrow money
  9. Make laws for Washington, D.C.]);
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15
Q

What is the “Elastic Clause”? What is a modern example of its use? What is an early example of its use?

A
  • a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
  • Modern example: air force (none of that technology existed)
  • Early example: Nation bank (nothing in the constitution Hamilton vs. Jefferson)
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16
Q

How do you know whether something is a reserved power?

A

laws that are not specifically given to the national government and are reserved for the states

17
Q

What are some examples of reserved powers?

A

-Reserved powers (powers kept to state)
- Marriage license, divorce laws adoption laws, licensing of professions, regulation for in-state business, creation of cities town, villages and their government

18
Q

What are the advantages of federalism?

A

Allows for adaptation to local conditions (ex. speed limits)
Laboratories of Democracy

19
Q

Examples that served as “laboratories of democracy”

A

minimum wage (MA
Universal health care

20
Q

What are the problems with federalism? What are some specific examples of situations in which states impeded (interfered with) progress in civil rights or public health?

A
  • Creates unnecessary duplication/ lack of consistency
    LoD disadvantage- opportunities to circumvent federal mandates
  • Although 14th Amendment to Constitution requires equal treatment regardless of race many states passed Jim Crow laws
  • Although federal law mandates that indiculauqals convicted of domestic abuse cannot own a gun, MO law says federal gun monitoring cannot be enforced within state by states officials
21
Q

Which government has jurisdiction over these things that affect your daily life (e.g., things controlled by federal government:

A

Federal Reserve System, Social Security & Medicare

22
Q

Which government has jurisdiction over these things that affect your daily life things controlled by “cooperative federalism”, i.e., both governments play a role:

A

education, Medicaid, Interstate Highway System)

23
Q

Be able to put these milestones in chronological order (exact dates not required)

A

Federal Reserve System (1913) – modern national banking system
Social Security (1935) - first federal retirement insurance system
Federal Minimum Wage (1938) - first federal minimum wage (although some states already had minimum wage–and most still do)
Interstate Highway System (1956)
Federal Government begins to (partially–very partially) fund public education (late 1950s into 1960s)
Medicare (1965)

24
Q

Be able to give four examples of milestones in the expansion of federal power
(in chronological order) from the “Landmarks in Federal vs. State Power” chart

A

1791: Alexander Hamilton’s economic plans enacted (Creation of First National Bank (FBUS)
1791 and Nationalization of state debts)

1819: Supreme Court declares the existence of a national bank is constitutional
(McCulloch v. Maryland)

1862: Uniform Currency Act creates uniform paper currency nationwide for first time.

1913: Federal Reserve System to manage money supply is created by the Federal Reserve Act.

25
Q

two examples of milestones in the reduction of federal power

A

1896: Supreme Court rules that states are allowed to create systems of segregation in public access (such as transportation, hospitals, parks, etc.) that won’t be seen as violating the 14th Amendment. (Plessy v. Ferguson). Basically serves as justification for entire system of “Jim Crow” laws.

A sizeable majority of southern school districts (and some northern ones) refuse to implement the “Brown” decision (see to the left)

26
Q

What are competing explanations for why the Electoral College was created as a system for electing the president?

A

The Founding Fathers established the Electoral College in the Constitution, in part, as a compromise between the election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens. However, the term “electoral college” does not appear in the Constitution

27
Q

How was the Electoral College designed to work, and what features have remained the same since the beginning?

A

the formula and that you need a majority to win

28
Q

What “glitch” was resolved by the 12th Amendment?

A

Originally: Name 1 (Pres) + Name 2 (VP)
Change: Ballot 1 (pres), Ballot 2 (only VP)

29
Q

Problem with election of 1800

A
  • Adams won and Jefferson was VP (different political parties)
  • separate Electoral College votes for President and Vice President, correcting weaknesses in the earlier electoral system which were responsible for the controversial Presidential Election of 1800
30
Q

Who makes up each branch of government; term lengths of each; Are there term limits? Were there ever/always term limits?

LEGISLATIVE

A

Legislative- Congress →(House 2 year term + Senate Senators are elected to six-year terms, and every two years the members of one class—approximately one-third of the senators—face election or reelection)

31
Q

Who makes up each branch of government; term lengths of each; Are there term limits? Were there ever/always term limits?

EXECUTIVE

A

Executive - 2 4 year terms
1951, the 22nd Amendment was ratified, limiting the number of terms served by the President.

32
Q

Who makes up each branch of government; term lengths of each; Are there term limits? Were there ever/always term limits?

JUDICIAL

A

Judicial- until their death, retirement, or conviction by the Senate.

33
Q
A

Judicial- until their death, retirement, or conviction by the Senate.