Constitutional Philosophy Flashcards
(27 cards)
Central government was given more power than
under the Articles of Confederation
Strong (but limited)
Centralized Government
- Power separated between branches (Montesquieu) and each branch has a
way to limit the other branch.
Diffused Power: Checks
and Balance
- Indirect elections for the president and Senate.
- House of Representatives was the only branch directly elected
- States determined voting rights
Insulation Against
Popular Democracy
- Dual system of sovereignty - U.S. first to have a federal system * Central government and states share power
Federalism
n is the fundamental
law of the United States of America.”Supreme law of the land” (Article VI)
* Proposed on September 17, 1787, Ratified in June
1788; Put into effect in March 1789
* Seven articles create the framework for our current
system of government.
* Since its passage, there have been 27
amendments; the first 10 amendments are known
as the Bill of Rights.
* The oldest written constitution in effect, and one
of the shortest.
* The words “slave” and “slavery” do not appear in
the constitution until the 13th amendment (1865)
when slavery was abolished.
United States Constitution
created a
bicameral legislature.
- The Great Compromise
representatives
apportioned by the population in
the state
The House
equal representation for
all states, regardless of population
The Senate
To agree on the new Constitution, the slave
holding and non-slave holding states needed
to reach a compromise.Seats in the House were apportioned by
“population,” according to which five
enslaved persons would count as three
free persons.
* The southern delegates insisted that the
northern delegates should agree to
bargain on this issue.
This compromise became null and void
after passage of the 14th amendment in
1868
The Three-Fifths Compromise:
United States is the first to create
this system.
* Responsibilities divided at two
levels of government (state and
national) with the federal
government supreme (Article VI)
law of the land.
* Constitution gives powers to
Congress, restricts states from
certain powers, but reserves the
remaining powers for the state
Federal System
States the purpose of the constitution and governmet
preamble
go to slide 24
the Constitution provided
for a Congress consisting of two
chambers.
* House of Representatives and Senate
* House is the chamber designed to
represent “the people”
* The Senate was originally designed
to represent states and guard
against “excessive democracy”
* The Senate alone was given power
to ratify treaties and approve
presidential appointments
* House given sole power to originate
revenue bills
In Article I
Also known as enumerated powers
* Specific powers granted by the Constitution to Congress and
the president
Expressed Powers
Also known as the necessary and proper clause or the
elastic clause of the Constitution
* Gives Congress the implied powers to make all laws
“necessary and proper” to carry out enumerated powers
Implied Powers
The Constitution provided for the
establishment of a presidency in
Article II.
The president can:
* negotiate treaties (with approval of the
Senate)
* receive ambassadors from other
countries
* grant reprieves and pardons
* appoint major departmental personnel
* veto congressional enactments
* serves as commander and chief of the
military
- Executive branch powers
Presidents are limited to two four-year
terms by the
22nd amendment passed
in 1951
This means presidents are elected indirectly.
* A state has as many electors as it has
members of Congress (Senate (2) + HOR (by
population)
* Originally, electors were chosen by the state
legislatures and were expected to make an
independent assessment of the candidates
and vote according
Presidents are elected by the electoral college.
The Constitution provided for
establishment of the judicial branch in
Article III.
Includes the Supreme Court of the
United States
* Has the power to resolve conflicts
between federal and state laws
* Has original and appellate
jurisdiction
* Judges given lifetime appointments
* Supreme Court assumed power of
judicial review (the power to declare
laws unconstitutional) in the case
Marbury v. Madison 1803
Judicial Branch:
(the power to declare
laws unconstitutional)
judicial review
Supreme Court assumed power of
judicial review (the power to declare
laws unconstitutional) in the case
Marbury v. Madison 1803
– Full Faith and Credit - requires states to respect each other’s
judicial proceedings, public records, and acts. (Comity clause)
Article IV
