Constitution Flashcards

0
Q

Stamp act congress

A

Meeting I’d representatives of nine if the thirteen colonies held in New York City in 1765, during which representatives drafted a document to send to the king listening how their rights had been violated

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1
Q

Mercantilism

A

An economic theory disowned to increase a nation’s wealth through the development of commercial industry and a favorable balance of trade.

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2
Q

Committee of correspondence

A

Organizations in each if the American colonies created to keep colonists abreast of developments with the British; served as powerful molders of public opinion against the British.

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3
Q

First continental congress

A

Meeting held in Philadelphia from September 5 to October 26, 1774, in which fifty six delegates adopted a resolution in opposition to the coercive acts

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4
Q

Second continental congress

A

Meeting that convened in Philadelphia on May 10,1775, at which it was decided that an army should be raised and George Washington of Virginia was named commander in chief

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5
Q

Confederation

A

Type of government where the national government derives it’s powers from the states

League of independent states

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6
Q

Declaration of Independence

A

Document drafted by Thomas Jefferson in 1776 that proclaimed the right of the American colonies to separate from Great Britain.

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7
Q

Articles of Confederation

A

The compact among the thirteen original states that was the basis of their government.

Written in 1776, the articles were not ratified until 1781

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8
Q

Shays’s rebellion

A

A 1786 rebellion in which an army of 1,500 disgruntled and angry farmers led by Daniel shays marched to Springfield, Massachusetts, and forcibly restrained the state court from foreclosure mortgages on their farms.

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9
Q

Constitution

A

A document establishing the structure, functions, and limitations of government.

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10
Q

Virginia plan

A

Proposed by James Madison

•creation if powerful government with three branches– the legislative, executive, and judicial.
• Bicameral legislature
- one house elected directly by the people, the other chosen from among persons nominated by the state legislatures.
•an executive chosen by the legislature
•a judiciary also named by legislature.

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11
Q

New Jersey plan

A

Proposed by states

• Strengthen the articles not replace them.
•One house legislature with one vote for each state with representatives chosen by state legislatures.
• the establishment of acts if congress as the “supreme law” if the land
- congress the power to raise revenue from duties and postal service.
•a supreme judiciary with limited power.
- members appointed for life by the executive officers.

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12
Q

Great compromise

A

•state has same number of representatives in senate regardless of the size
• representation in the house was determined by population
- has power to originate bills fit raising revenue
• divided national and state power
- national power supreme

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13
Q

Three fifths compromise

A

Each slave was to be counted as three- fifths of a person for representation in the US House of Representatives

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14
Q

Separation of powers

A

A way if dividing power among three branches of government

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15
Q

Checks and balances

A

A governmental structure that gives each if the three branches of government some degree of oversight and control over the actions of others

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16
Q

Federal system

A

Plan of government created in the US constitution in which power is divided between the national government and the state government

17
Q

Judicial checks on government

A

Legislative
• rule federal and state laws unconstitutional

Executive
• declare executive branch actions unconstitutional.
• Chief Justice presides over impeachment trial.

18
Q

Legislative checks on government

A

Judicial
• change the number and jurisdiction of federal courts.
• impeach federal judges.
• propose constitutional amendments to override judicial decisions.

Executive
• impeach the president.
• reject legislation or funding the president wants.
• refuse to confirm nominees or approve treaties.
• override the president’s veto by a two-thirds vote.

19
Q

Executive checks on government

A

Legislative
•veto legislation
• call congress into special session
• carry out laws passed by congress

Judicial
• appoint federal judges
• refuse to implement decision

20
Q

Enumerated powers

A

Powers granted to congress under Article 1 section 8

  • Taxation
  • coinage of money
  • regulation of commerce
  • authority to provide for a national defense.
21
Q

Necessary and proper clause

A

Article 1 section 8

Congress has the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution

Also called the elastic clause

22
Q

Implied powers

A

Powers derived from the enumerated powers and the necessary and proper clause

These powers are not stated specifically but are considered to be reasonably implied through the exercise of delicate powers.

23
Q

Supremacy clause

A

Portion of article IV

Mandating that national law is the supreme to all other laws passed by the states or by any other subdivision of government.

24
Q

Privileges and immunities clause

A

Part of articleIV of constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.

25
Q

Tenth amendment

A

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.

26
Q

Reserve( or police) powers

A

Powers reserved to the states by the tenth Amendment that lie at the foundation of a states right to legislate for public health and welfare of its citizens.

27
Q

Concurrent powers

A

Authority possessed by both the state and national governments that may be exercised concurrently as long as that power is not exclusively within the scope if national power or in conflict with national law.

  • tax
  • barrow money
  • make and enforce laws
  • charter banks and corporations
  • • spend money for the general welfare
  • take private property for public purposes, with just compensation.
28
Q

Bill of attainder

A

A law declaring an act illegal with out a judicial trail.

29
Q

Ex post facto law

A

Law passed after the fact, thereby making previously legal activity illegal and subject to concurrent penalty

Prohibited by the US constitution

30
Q

Full faith and credit clause

A

Portion of Article IV of the constitution that ensures judicial decrees and contracts made on one state will be binding and enforceable in any other state

31
Q

Interstate compacts

A

Contracts between states that carry the force of law; generally now used as tool to address multi state policy

32
Q

Dual federalism

A

The belief that having separate but equally powerful levels of government is the best arrangement.

33
Q

Sixteenth amendment

A

Allowed congress to enact a national income tax

34
Q

Seventeenth amendment

A

Made senators directly elected by the people not by state legislature

35
Q

Cooperative federalism

A

The relationship between the national an state governments that began with the new deal.

36
Q

Categorical grant

A

Grant for which Congress appropriates funds for a specific purpose.

37
Q

New federalism

A

Federal/state relationship proposed by Reagan administration during the 1980s

President and congress, both republican and democrat, took steps to shrink the size of the federal government in favor if programs administered by state governments

38
Q

Block grant

A

Broad grant with few strings attached; given to states by the federal government for specified activities, such as secondary education or health services.

Secondary education or health services are an example

39
Q

Unfounded mandates

A

National laws that direct states or local governments to comply with federal rules or regulations but contagion no federal funding to defeat the cost meeting these requirements.

40
Q

Preemption

A

A concept derived from the constitution’s supremacy clause that allows the national government to override or preempt state or local actions in certain areas

41
Q

Sovereign immunity

A

The right of each state to be free drone lawsuit unless it gives permission to the suit. Under the eleventh amendment, all states are considered sovereign.