Constitutional Foundations Flashcards
Quiz Review (26 cards)
State Government Powers
Taxation, Create a court system, Enforce laws passed down by congress, All powers not delegated to the national government
National Government Powers
Limited Powers, Wage and declare war, make treaties, settle disputes btwn states, Request money but it CANNOT COLLECT, Direct Army and Navy
Weakness of the Articles of Confederation
Cannot impose or collect taxes, no national currency, no judicial branch, no executive branch, cannot regulate trade btwn states, 2/3 [9/13 states] majority needed to pass laws
13/13 states vote to amend articles of confederatikn
Land Ordinance
Sold Western Lands to pay debts and survey land
Northwest Ordinance
Set the rules for new States and prohibited slavery In the region (Old Northwest)
Shays Rebellion
Refusal to pay taxes and the state militia had to put it down - CHANGE WAS NEEDED TO THE Aoc
Constitutional Convention
Issues and Founders - Need plan for distribution of power, representation and slavery. Benjamin Franklin, Alecander Hamilton, Georgeg Washington, James Madison.
Virgina Plan
Large State plan bicameral legislation, 3 branches of government, strong national government
New Jersey Plan
Small state Plan unicameral legislation, States had more power
Great Compromise (Conneticut Plan)
Bicameral legislature, House of Reps (Big States Seat based on seat population) - Anything that deals with money starts at the House of Representative, Senate (Small States - 2 representatives from each state
Three-Fifths Compromise
Solved representation and taxation problem - CB 5 slaves count as 3 people and had to pay taxes since slaves were property. This gave the South a significant amount of political strength until the Civil War. Slave trade banned in 1808(mentioned in Cx.) - South got around this by encouraging slaves to have families
Federalist Papers
Articles that promoted the ratification of the Cx.
Bill of Rights
10 Amendments - Gaurenteed CIvil rights and liberties of the people. Needed to be included to ratify the Cx. Anti-Federalists wanted the Bill of Rights included
Elastic Clause
Not stated in the Cx. but assumed to exist “Necessary and Proper”
Supremacy Clause
The Cx. is the supreme law of the land
Unwritten Constitution
Traditions that have become part of the US political system such as political parties and the Presidents cabinet
Supreme Court under John Marshall
Power of the federal government expanded
Judicial Review
The ability of the Court to declare a Legislative or Executive act in violation of the Cx.
Marbury v Madison
Established Judicial Review
McCulloch v Maryland and Gibbons v Ogden
The federal government can use the commerce clause and supremacy Clause to conduct business
mapp v Ohio
Evidence obtained illegally may not be used against someone ina court of law by the fourth amendment
Gideon v Warwright
The SIxth and Fourteenth Amendments guarantee a right of legal counsel to anyone accused of a crime
Miranda v Arizona
Police officers give detainees a Miranda warning that describes their constitutional rights when faced with interrogaton
Engel v Vitale
The state cannott hold prayers in public schools, even if it is not required and not tied to a particular religon