Constitutional Philosophy Flashcards

(27 cards)

1
Q

Central government was given more power than
under the Articles of Confederation

A

Strong (but limited)
Centralized Government

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2
Q
  • Power separated between branches (Montesquieu) and each branch has a
    way to limit the other branch.
A

Diffused Power: Checks
and Balance

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3
Q
  • Indirect elections for the president and Senate.
  • House of Representatives was the only branch directly elected
  • States determined voting rights
A

Insulation Against
Popular Democracy

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4
Q
  • Dual system of sovereignty - U.S. first to have a federal system * Central government and states share power
A

Federalism

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5
Q

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.

A

United States Constitution

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6
Q

created a
bicameral legislature.

A
  • The Great Compromise
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7
Q

representatives
apportioned by the population in
the state

A

The House

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7
Q

equal representation for
all states, regardless of population

A

The Senate

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8
Q

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

A

The Three-Fifths Compromise:

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9
Q

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

A

Federal System

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10
Q

States the purpose of the constitution and governmet

A

preamble

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11
Q

go to slide 24

A
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12
Q

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

A

In Article I

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13
Q

Also known as enumerated powers
* Specific powers granted by the Constitution to Congress and
the president

A

Expressed Powers

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14
Q

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

A

Implied Powers

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15
Q

The Constitution provided for the
establishment of a presidency in

16
Q

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

A
  • Executive branch powers
17
Q

Presidents are limited to two four-year
terms by the

A

22nd amendment passed
in 1951

18
Q

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

A

Presidents are elected by the electoral college.

19
Q

The Constitution provided for
establishment of the judicial branch in

20
Q

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

A

Judicial Branch:

21
Q

(the power to declare
laws unconstitutional)

A

judicial review

22
Q

Supreme Court assumed power of
judicial review (the power to declare
laws unconstitutional) in the case

A

Marbury v. Madison 1803

23
Q

– Full Faith and Credit - requires states to respect each other’s
judicial proceedings, public records, and acts. (Comity clause)

24
– Process for amending Constitution – most common method is propose by 2/3 each House of Congress, ratify by 3/4 of the states (38/50).
Article V
25
Supremacy Clause - the Constitution, federal laws, and treaties are the "supreme Law of the Land" and take precedence over state laws that conflict with them.
Article VI –
26