Constitution Flashcards

(35 cards)

1
Q

Hamilton Quote against Democracy

A

“The people are turbulent and changing; they seldom judge or determine right.”

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2
Q

Madison Quote on Republic

A

“In a democracy, the people meet and exercise the government in person; in a republic, they assemble and administer it by their representatives and agents.”

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3
Q

What was the Declaration of Independence?

A

The document adopted in the Continental Congress on July 4, 1776, to explain and justify the decision of the American colonies to declare their independence from Britain.

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4
Q

What were the Articles of Confederation?

A

The Articles of Confederation were adopted by the Continental Congress on November 15, 1777. This document served as the United States’ first constitution

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5
Q

What were the key features of the government established under the Articles of Confederation?

A

The Articles of Confederation produced a “league” of states, not a nation of citizens.

Each state delegation to the Confederation Congress had a single vote, and the presidency of the Congress rotated among the states.

There was no executive, no judiciary, no separation of powers, and no checks and balances.

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6
Q

What was the name of the government created by the Articles of Confederation?

A

The Confederation Congress

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7
Q

What were the inherent problems to the Articles of Confederation?

A

Congress had no power to regulate trade and commerce between the states

No power to tax the citizens of the individual states.

Congress’s only domestic source of revenue was requisitions on the states.

Amendments to the Articles required the unanimous approval of the thirteen state legislatures.

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8
Q

What was the inciting event that forced Americans to reconsider the Articles of Confederation?

A

Shay’s Rebellion - An uprising of Massachusetts farmers during the winter of 1786–1787.

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9
Q

What was the Constitutional Convention?

A

Met in Philadelphia between May 25 and September 17, 1787, and produced the U.S. Constitution.

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10
Q

What was the Virginia Plan?

A

Outline of a strong national government, written by Virginia’s James Madison and supported by most of the delegates from the large states

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11
Q

What were the key features of the Virginia plan?

A

Based on popular sovereignty

Bicameral legislature

Congressional seats allocated according to state population

Broad powers to legislate where the “harmony” of the U.S. requires it

‘A National Executive” chosen and removable by Congress

Federal court system with broad powers

Ratification by the people

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12
Q

What was the New Jersey Plan?

A

A plan to add a limited number of new powers to the Articles, supported by most of the delegates from the small states, introduced into the Constitutional Convention as an alternative to the Virginia Plan.

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13
Q

What were the key features of the New Jersey plan?

A

Based on state sovereignty

Unicameral legislature

Equal votes for states in Congress

Authority of the old Congress plus limited powers over taxation and commerce

Multiple executives chosen by Congress and removable upon petition of the states

Supreme tribunal with narrow powers

Ratification by the states

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14
Q

What were the key features of the ‘Great Compromise’?

A

Delegates from Connecticut proposed a compromise in which the states would be represented on the basis of population in the House and each state would be represented equally in the Senate.

The northern states agreed to count each slave as three-fifths of a person for purposes of representation if the southern states agreed to apply this proportion to taxes as well.

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15
Q

When was the US Constitution first signed, then ratified?

A

Thirty-nine delegates signed the Constitution on September 17, 1787

The final state to ratify it was Rhode Island, in 1790

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16
Q

What does Article 1 of the US Constitution deal with?

A

The Legislative Branch

17
Q

What section of the Constitution outlines the President’s role in the legislative process - and what is it?

A

Article 1, Section 7

The president has the right to review all legislation before it becomes law.

If he concurs, he signs the legislation

If he strongly opposes the judgment of the legislature, he can veto the legislation subject to an override by two-thirds of each house

18
Q

Define enumerated powers and outline what they are

A

Enumerated Powers = The specifically listed or enumerated powers of Congress found in Article I, section 8, of the Constitution.

The power to levy taxes and control commerce

The power to oversee financial/monetary policy and regulation

The power to raise/support an army and navy

19
Q

What is the necessary & proper clause?

A

The last paragraph of Article I, section 8, of the Constitution, which states that Congress may make all laws deemed necessary and proper to carry into execution the powers specifically enumerated in Article I, section 8.

20
Q

What does Article 2 of the Constitution deal with?

A

The Executive Branch

21
Q

What are the specific powers granted to the Executive branch?

A

The president serves as commander in chief of the Army and Navy

May grant reprieves and pardons for offences against the United States

With the advice and consent of two-thirds of the Senate, the president can conclude treaties

With the approval of a simple majority of the Senate, he can appoint ambassadors, members of the Supreme Court, and other public ministers

22
Q

What is the ‘take care’ clause of Article 2?

A

Article II, section 3, of the Constitution requires that the president “take care that the laws be faithfully executed.”

The “take care” clause has been read by presidents since Abraham Lincoln as a command that they see that the laws of the United States are both faithfully executed by the government and obeyed by the citizenry

23
Q

What does Article 3 of the Constitution deal with?

A

The Judiciary

24
Q

What is the jurisdiction of the Supreme Court?

A

The Supreme Court has original jurisdiction in cases involving ambassadors, other public ministers, and cases in which one or more states are involved.

In all other cases, their jurisdiction is appellate.

25
What do Articles 4 & 6 of the Constitution deal with?
Federal Relations
26
What is the 'full faith and credit' clause?
Article IV, section 1, of the Constitution requires that each state give “full faith and credit” to the legal acts of the other states.
27
What does Article 5 of the Constitution deal with?
The Amendment Process
28
What is the process for Amending the Constitution?
Congress can, by a two-thirds vote of both houses, propose amendments to the Constitution, or, in response to a call from two-thirds of the state legislatures, must summon a convention to consider proposing amendments. They must be ratified by the legislatures of three-fourths of the states or by special conventions called in three-fourths of the states
29
What is the Bill of Rights?
The first ten amendments to the U.S. Constitution, proposed by the first Federal Congress and ratified by the states in 1791
30
What was the idea behind the Bill of Rights?
First, it defined a preserve of personal autonomy, choice, and expression where government power should not intrude- The First Amendment Second, the Bill of Rights defined how persons would be subject to the power of government - Protected citizens against “unreasonable searches and seizures” (Amendment 4), double jeopardy and self-incrimination (Amendment 5), and excessive bail or cruel and unusual punishments (Amendment 8).
31
Why were Federalists opposed to a Bill of Rights?
It was unnecessary, they asserted, for two reasons: first, because the structure of the Constitution was designed to protect the rights of the people through separation of powers, bicameralism, checks and balances, and federalism; and second, because the Constitution was composed of enumerated powers and powers not given were retained by the people. It was positively dangerous because to list some rights might suggest that rights not listed were not retained or claimed by the people.
32
What was the Electoral College compromise?
Each state legislature would select a number of the state’s leading citizens, equal to the number of the state’s senators and U.S. House members, to vote for president. The top two vote-getters would be president and vice president.
33
What were the Federalist papers?
James Madison, Alexander Hamilton, and John Jay teamed up to write a series of newspaper columns intended to explain and support the new Constitution during the ratification struggle in New York.
34
What were the key ideas of Federalist 10?
The Major Danger to a State is Faction: “Among the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction.” The Two Responses to Faction: “There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.” The Limitations of Pure Democracy “A pure democracy, by which I mean a society consisting of a small number of citizens, who assemble and administer the government in person, can admit of no cure for the mischiefs of faction.” The Benefits of a Republican Government “To refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations”
35
What were the key ideas of Federalist 51?
Overarching - the Pursuit of Justice “Justice is the end of government. It is the end of civil society” Checks & Balances: “Divide and arrange the several offices in such a manner as that each may be a check on the other” Independence of Appointments “Ambition must be made to counteract ambition” Opposing Majoritarianism “Be broken into so many parts, interests and classes of citizens, that the rights of individuals will be in little danger from interested combinations of the majority”