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Government > Constitutional Underpinnings > Flashcards

Constitutional Underpinnings Flashcards

1
Q

Enlightenment philosophers who influenced the writing of the Constitution

A

Thomas Hobbes, John Locke, Charles de Montesquieu, Jean Jacques Rousseau

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2
Q

Articles of Confederation

A
  • First government of United States of America

- Predecessor to the Constitution

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3
Q

Northwest ordinance

A

Created methods by which new states would enter the Union

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4
Q

Federalism

A

State and central government share governing responsibilities

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5
Q

Shays rebellion

A
  • six-month rebellion in which more than 1000 armed farmers attacked the federal arsenal because the foreclosure of farms in the western part of the state
  • Crisis because of the weakness of the articles of Confederation
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6
Q

Weakness of the articles of Confederation

A
  • Could not draft soldiers
  • Was completely dependent on state legislatures for revenue-the federal government was not permitted to tax citizens
  • Could not pay off the Revolutionary war debt
  • Could not control interstate trade
  • Had no Supreme Court to interpret law
  • Had no executive branch to enforce national law
  • Had no national currency
  • Had no control over import and export taxes imposed between states
  • Needed unanimity to amend articles
  • Needed approval from nine out of 13 states to pass legislation
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7
Q

Constitutional convention

A
  • Framers met in Philadelphia in 1787
  • Created the Constitution
  • Debated over the appropriate power and responsibilities of government
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8
Q

Virginia plan

A

Receipt for a strong government with each state represented proportionately to its population
• Small states worried that A government dominated by the large states would be overly strong so they proposed the New Jersey plan

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9
Q

New Jersey plan

A

Each state would be represented equally regardless of population
• Proposed by small states were worried that a government dominated by the large states would be overly strong

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10
Q

Great compromise

A

-Created a bicameral legislator
• House of Representatives based on population
• Senate with equal representation from all states

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11
Q

3/5 compromise

A

Decision was made that the slaves would count as 3/5 of a person when apportioning votes

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12
Q

Federalists

A

Framers of the United States Constitution

-Supported the Constitution and the Federalist government

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13
Q

Antifederalists

A

Opposed the creation of a stronger national government

  • Feared the Constitution would re-create the same state of tyrannical control that they had just escaped from Britain
  • Criticized Constitution for lack of Bill of Rights
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14
Q

Bill of Rights

A

First 10 amendments to the U.S. Constitution. The Bill of Rights guarantees personal liberties and limits the power of the government

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15
Q

Necessary and proper clause

A

This section of the Constitution that allows Congress to pass laws “necessary and proper” to The performance of its duties. It is called the elastic clause because it allows Congress to stretch its powers beyond those that are specifically granted to it (enumerated) by the Constitution

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16
Q

Executive orders

A

Have the same effect as law, bypass Congress and policymaking, and are not mentioned in the Constitution
And example is when Franklin D Roosevelt ordered Japanese-Americans to be sent to interment camps in the West

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17
Q

Judicial review

A

Power of Supreme Court to declare laws and executive actions unconstitutional
First happened in Marbury versus Madison in 1803

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18
Q

Examples of concurrent powers

A
  • Collect taxes
  • Build roads
  • Operate courts of law
  • Borrow money
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19
Q

Examples of reserved Powers

A
  • The power to issue licenses
  • The regulation of intrastate business
  • The spots ability to run and pay for federal elections
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20
Q

Examples of delegated powers

A
  • Printing money
  • Regulating interstate and international commerce
  • Making treaties and conducting foreign policy
  • Declaring war
  • Issuing copyrights
  • Creating an army and navy
  • Paying debt
  • Creating postal offices and roads
  • Creating lower courts
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21
Q

Full faith and credit clause

A

The states are required to accept the court judgments, licenses, contracts, and other civil acts of all other states

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22
Q

Privileges and immunities clause

A

Section of the Constitution stating that a state may not refuse police protection or access to its courts to US citizens because they live in a different state

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23
Q

Extradition

A

Process by which governments return fugitives to the jurisdiction from which they have flat

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24
Q

Supremacy clause

A

Requires conflict between federal law and state law to be resolved in favor of federal law

25
Q

Categorical grants

A

Aid with strict provisions from the federal government on how it may be spent
Examples include Headstart, Medicaid, and the food stamp program

26
Q

Block grants

A

Aid which permit the state to experiment and use the money as they see fit

27
Q

Separation of powers

A

System that prevents any branch of Government from becoming too powerful by dividing important tasks among the three branches
Legislative branch makes the laws; executive branch enforces the laws; and the judicial branch interprets laws

28
Q

Checks and balances

A

System that prevents any branch of Government from becoming too powerful by requiring the approval of more than one branch for all important acts
Prime example is the nomination of federal judges (judicial) by the president(executive) and approved by the Senate(legislative)

29
Q

Ways to propose amendments

A

By two thirds of both houses of Congress
Or
By a constitutional convention petitioned by two thirds of state legislatures

30
Q

Ways to ratify amendments

A

By three fourths of state legislatures
Or
By ratifying conventions mandated by Congress In three fourths of the states

31
Q

First Amendment

A
  • Freedom of religion
  • Freedom of speech
  • Freedom of press
  • Freedom of assembly
  • Freedom of petition
32
Q

Establishment clause

A

Prohibits the government from designating one faith as the official religion of United States

33
Q

Free exercise clause

A

Government may not interfere with an individual’s right to practice his or her faith

34
Q

Second Amendment

A

Protects citizens rights to bear arms

35
Q

Third amendment

A

Forbids the quartering of soldiers and the direct public support of Armed Forces

36
Q

Fourth amendment

A

Protects the rights of privacy and protects an individuals person, house, papers, and a fax against unreasonable searches and seizures

37
Q

Exclusionary rule

A

holds that all evidence unlawfully gathered must be excluded from judicial proceedings. Came from Mapp versus Ohio

38
Q

Fifth Amendment

A

Protect the right to a jury
Prohibits double jeopardy
Government cannot deprive an individual of life, liberty, or property by any level unless due process of law is applied
Right to remain silent

39
Q

Eminent domain

A

Power of government to take away property for public use as long as there is just compensation for property taken

40
Q

Due process

A

Established legal procedures for the arrest and trial of an accused criminal

41
Q

Double Jeopardy

A

The act of trying on individual a second time after he or she has been acquitted on the same charges

42
Q

Sixth amendment

A

Right to a speedy trial

Right to be informed of their charges (habeas corpus)

43
Q

Eighth amendment

A

Prohibits excessive bail in federal cases

Prohibits cool and unusual punishment

44
Q

Ninth amendment

A

Reaffirms the principles of the limited federal government
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people”

45
Q

10th amendment

A

Defines the relationship between the states and the national government under the concept of federalism
-When powers are not defined or delegated by the Constitution, the states have reserved power to make their own individual judgments so long as they do not infringe with the explicit rules of the Constitution and the federal government.

46
Q

13th amendment

A

Abolish slavery except as punishment for convicted crime

47
Q

14th amendment

A

Prevented states from denying “due process of law” and “equal protection under the law” to citizens
-Amendment was specifically aimed at protecting the rights of newly freed slaves in the South

48
Q

Selective incorporation

A

Process by which the Supreme Court has selectively applied the 14th amendment to state law

49
Q

15th amendment

A

Granted voting rights to males of all races and was originally designed to extend voting rights or the newly freed male slaves

50
Q

16th amendment

A

Gave Congress the power to collect more taxes on income allowing for the creation of a progressive income tax that fell more on the rich

51
Q

17th amendment

A

Shifted the responsibility for choosing Senators from legislatures to the general voting public

52
Q

18th amendment

A

Prohibited the manufacture, sale, and transportation of alcohol in or out of the United States

53
Q

19th amendment

A

Granted voting rights to all American women

54
Q

20th amendment

A

Clearly define the procedures regarding the specifics of presidential and legislative terms, and shorten the amount of time between presidential election and Inauguration

55
Q

22nd amendment

A

Limited the president to two terms

56
Q

23rd Amendment

A

Allowed the residents of Washington, DC to vote in presidential elections

57
Q

24th Amendment

A

Eliminated the practice of forcing African-Americans to pay poll taxes when attempting to vote in the southern state election

58
Q

26th amendment

A

Lowered the voting age from 21 to 18

Government (16 decks)

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