Constitutional Foundations Flashcards

Quiz Review (26 cards)

1
Q

State Government Powers

A

Taxation, Create a court system, Enforce laws passed down by congress, All powers not delegated to the national government

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2
Q

National Government Powers

A

Limited Powers, Wage and declare war, make treaties, settle disputes btwn states, Request money but it CANNOT COLLECT, Direct Army and Navy

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3
Q

Weakness of the Articles of Confederation

A

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

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4
Q

Land Ordinance

A

Sold Western Lands to pay debts and survey land

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5
Q

Northwest Ordinance

A

Set the rules for new States and prohibited slavery In the region (Old Northwest)

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6
Q

Shays Rebellion

A

Refusal to pay taxes and the state militia had to put it down - CHANGE WAS NEEDED TO THE Aoc

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7
Q

Constitutional Convention

A

Issues and Founders - Need plan for distribution of power, representation and slavery. Benjamin Franklin, Alecander Hamilton, Georgeg Washington, James Madison.

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8
Q

Virgina Plan

A

Large State plan bicameral legislation, 3 branches of government, strong national government

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9
Q

New Jersey Plan

A

Small state Plan unicameral legislation, States had more power

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10
Q

Great Compromise (Conneticut Plan)

A

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

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11
Q

Three-Fifths Compromise

A

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

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12
Q

Federalist Papers

A

Articles that promoted the ratification of the Cx.

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13
Q

Bill of Rights

A

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

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14
Q

Elastic Clause

A

Not stated in the Cx. but assumed to exist “Necessary and Proper”

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15
Q

Supremacy Clause

A

The Cx. is the supreme law of the land

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16
Q

Unwritten Constitution

A

Traditions that have become part of the US political system such as political parties and the Presidents cabinet

17
Q

Supreme Court under John Marshall

A

Power of the federal government expanded

18
Q

Judicial Review

A

The ability of the Court to declare a Legislative or Executive act in violation of the Cx.

19
Q

Marbury v Madison

A

Established Judicial Review

20
Q

McCulloch v Maryland and Gibbons v Ogden

A

The federal government can use the commerce clause and supremacy Clause to conduct business

21
Q

mapp v Ohio

A

Evidence obtained illegally may not be used against someone ina court of law by the fourth amendment

22
Q

Gideon v Warwright

A

The SIxth and Fourteenth Amendments guarantee a right of legal counsel to anyone accused of a crime

23
Q

Miranda v Arizona

A

Police officers give detainees a Miranda warning that describes their constitutional rights when faced with interrogaton

24
Q

Engel v Vitale

A

The state cannott hold prayers in public schools, even if it is not required and not tied to a particular religon

25
Tinker v Des Molnes IA
Students right to free speech in public schools
26
TLO v New Jersey
Fourth Amendments prohibition on unreasonable searches and seizures is not limited solely to the actions of law enforcement personnel. It also applies to the conduct of public school officials. Public school teachers act as agents of the state, and not merely agents of the students parents.