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AP US Government > Chapter 2: Constitutional Underpinnings > Flashcards

Chapter 2: Constitutional Underpinnings Flashcards

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1
Q

French and Indian War

A

Britain wins the war against France and acquire territory in the west, but Britain needs to pay to protect the territory, so they tax colonist, reasoning that the land is for the colonists.

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2
Q

Stamp Act

A

Official tax on newspapers and legal documents

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3
Q

“No taxation without representation”

A

Colonists lacked representation in Parliament and resented legislature imposed without consent
wanted representation
Create Continental Congress in 1774

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4
Q

Revolutionary War

A

With the Declaration of Independence, war for independence begins
Continental Congress builds up to this during meetings in Philadelphia

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5
Q

Declaration of Independence

A

The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence

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6
Q

English philosophy

A

Intellectual colonial leaders apply English philosophy to framework of the Constitution
(Jefferson, Franklin, James Madison, Morris, Hamilton)
John Locke was the main influence
-natural rights
-consent of governed
-limited government
-social contract theory- Rousseau

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7
Q

Natural rights

A

Rights inherent in humans
not depends on governments
central to John Locke series
widely excepted by founding fathers and Thomas Jefferson in Declaration of Independence

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8
Q

Consent of governed

A

Idea that government derives its authority by sanction of the people

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9
Q

Limited government

A

Idea that certain restrictions should be placed on government to protect natural rights of citizens

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10
Q

Social contract theory

A

Theory of Rousseau
an agreement entered into by individuals that results in the formation of the state and organized society, the prime motive being the desire for protection, which entails the surrender of some or all personal liberties

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11
Q

John Locke- more

A

Government must provide standing laws
“the supreme power cannot take from any man any part of his property without his consent” (absent in Declaration of Independence)

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12
Q

Jefferson - American creed

A

Established egalitarianism and liberty
purpose of government is to secure rights
first “new nation”- people over the government & first government based on these principles

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13
Q

Winning the war

A

The war was costly and lots of people died in the British were favored and America won
1783
revolution was conservative
did not drastically alter daily life
establish stability & didn’t split society
no social economic or political upheavals

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14
Q

Weaknesses of AC

A

No power to tax
no power to regulate commerce between states
no power to solve conflicts between states
no power to draft troops
nine of the 13 states had to pass legislation
no chief executive
no national courts
unanimous approval to amend the articles
Borrow money from states

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15
Q

Articles of Confederation

A

The first constitution of the United States adopted by Congress in 1777 and an acted in 1781 the articles established a national legislature, the Continental Congress, but most authority rests with the state legislature

Congress controlled territories and native relations- northwest ordinance (Great Lakes)
1 vote per state

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16
Q

AC affect on state

A

Increase in democracy in liberty for white males
new middle class of farmers & craftworkers become the majority the power of the wealthy shrinks
government becomes more responsive to people

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17
Q

Economic turmoil

A

Economic inequality ships public-policy economic issues are the top of the agenda postwar depression friends farmers with foreclosures

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18
Q

Shays’ rebellion

A

A series of attacks on court houses by small band of farmers led by Revolutionary war captain Daniel Shays to block foreclosure proceedings

neither Congress or state could use militia to stop shays’ rebellion privately paid troops or use instead

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19
Q

Annapolis meeting

A

in 1786 Leaders discuss issues to attempt reformation in Annapolis
five states come decide to organize a larger meeting and a broader proposal in Pennsylvania the Constitutional Congress in May 1787

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20
Q

Constitutional Congress

A

Representatives from 12 states meet in Philadelphia everyone but Rhode Island they are
elites and have economic and political power and education
55 men

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21
Q

constitution

A

And nations basic law it creates political institutions the signs are divides power in government and provide certain guarantees to citizens they can be written or unwritten

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22
Q

U.S. Constitution

A

Document written in 1787 and ratified in 1788 that sets forth the institutional structure of the United States government and tasks the institutions

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23
Q

Human nature

A

Common idea

Leviathan Thomas Hobbes believe men were were self interested needed government but the
delegates oppose monarchy that he was suggesting
Hamilton agreed that men love power

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24
Q

Political conflict

A

Common idea
Conflicts over property, religion, governing, and leaders lead to fractions
Believed if unchecked fractions would tyrannize the others

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25
Fractions
Interest groups arising from the unequal distribution of property or wealth the James Madison attacked in Federalist paper number 10 today's parties in interest groups are what he had in mind when he warned of instability
26
Federalist 10
A collection of 85 articles written by Alexander Hamilton John Jay and James Madison under the name Publius to defend the Constitution and detail
27
Object of gov.
Common idea Preservation of property (Governor Morris advocates) Preservation of individual rights to acquire wealth
28
Nature of gov.
Common idea Power set against powers and no fraction would overwhelm the others balanced- branches of gov.- Baron Montesquieu avoid tire any three checks and balances
29
Equality in roresentation
New Jersey and Virginia plan argued for different types of representation Connecticut compromise
30
Virginia plan
The proposal at the Constitutional convention that called for representation based on State population in proportion to US population in Congress
31
N. Jersey plan
Proposal at Constitutional convention calling for equal representation of each state in Congress regardless of population
32
Connecticut compromise
Compromise reached at the Constitutional convention that establishes two houses of Congress the House of Representatives based on population and the Senate where each state gets two representatives (States have more power)
33
Equality- slavery
Legal in all states but Massachusetts Congress limited further trade, but does not end slavery slaves must be returned if found north: wanted slaves to count as a person for taxing and representation south: counted as a person for representation, but not taxing
34
3/5ths compromise
Compromise reached by North and South while drafting constitution to count slaves as part of the population, but as 3/5 of a person counted for representation and taxation
35
Equality in voting
All free adult males v. property qualifications eventually they leave the choice to states (this is why southern African Americans could not vote)
36
Economic issues addressed in constitution
most members of the Constitutional Congress were elite strengthen economic powers of government to protect their interests Build a strong economy Congress became the chief economic policy makers (weights and measures, investment, infrastructure) New gov. Pays debts from time under AC to start up economy
37
Writ of Habeas Corpus
Individual right issue addressed in the Constitution a writ requiring a person to be brought before a judge or court especially for investigation of restraint of the persons liberty uses of protection against illegal imprisonment
38
AC economic issues
Issues: - states had tariffs against products from other states - paper money was virtually worthless - congress couldn't raise money
39
Bills of Attainder
Individual rights issue addressed in the Constitution An act of legislature finding a person guilty of treason a felony without trial and declaring him attained is forbidden under article 1 section 10
40
Ex post facto laws
Individual rights issue addressed in Constitution A law that makes illegal and act that was legal when committed, increasing penalties for an infraction after it has been committed the Constitution prohibits
41
Individual rights issues addressed
``` Suspends writ of habeas corpus prohibits bills of Attainder No ex post facto laws no religious discrimination rules for conviction of treason ``` people thought it needed to protect more rights
42
Madisonian Model
Established a system of government by distributing powers of the federal government in creating a system of checks and balances to eliminate control of majority fractions
43
Methods to prevent tyranny of majority
Limit majority control separate the powers of different institutions construct a system of checks and balances
44
Limit majority control
House of Representatives is only elected by the people to insulate officials from public opinion
45
Separation of powers
Requires each of the three branches of government to be relatively independent of each other so that one cannot control the others
46
Checks and balances
An important part of the madisonian model designed to limit government's power by requiring that power be balanced among the different governmental institutions that check each other's activities
47
Marbury v. Madison
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to interpret the U.S. Constitution the decision establish the cords power of judicial review over acts of Congress
48
Articles
Article 1 Congress article 2 executive article 3 judiciary article 4 states
49
Constitutional republic
- Required reflection and refinement of public views through decision-making process - Republic- people select representatives to govern & make laws - checks and balances favors majority - moderation compromise and slow change make establishing tyranny difficult 10 states ratify
50
Federalists
``` Supporters of the US Constitution Wealthier Minority strong central government indirect elections want long terms expect the violations of liberties ```
51
Anti Federalists
``` Opponents of the U.S. Constitution argued it was class-based and decrease liberties and weaken states Majority- farmers, laborers Week central direct election shorter terms ```
52
Bill of Rights
The first 10 amendments to the constitution drafted in response to anti-Federalist concerns define basic liberties such as freedom of speech religion press and right to bear arms
53
Ratification of constitution
Constitution had to be ratified by 9 of 13 states | Article 6
54
Step 1: proposal
Congress can propose an amendment by a two thirds vote | A national convention can propose an amendment requested by two thirds of the states
55
Step 2: ratification
State legislatures can ratify an amendment by a vote of three fourths of the states state conventions can ratify an amendment by a vote of three fourths of the states
56
Formal amending
Two phases | Article 5 of constitution
57
Informal amending process
Judicial review- Marburg v. Madison Changing political practice- 2 party system requiring electors to pledge in advance for who they would vote for Technology- media, computers increase bureaucracy, increase international obligations
58
Judicial review
The power of the courts to determine whether acts of Congress, and the executive, are in accord with United States Constitution judicial review was established by John Marshall in Marbury v. Madison
59
Rebublic
A form of government that derives power directly or indirectly from the people those chosen to govern our accountable to those who they govern
60
Texas v. Johnson
Johnson burns American flag in protest nuclear war Sentenced to prison time and fine, but appealed with violation of freedom of speech SCOTUS sides with Johnson Congress passes law, Flag Protection Act, in response to public, but the next year in United States v. Eichman, SCOTUS called it unconstitutional Shows that the constitution supersedes ordinary law even if it is unpopular with the people

AP US Government (22 decks)

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