II - Constitution Flashcards

(91 cards)

1
Q

Constitution

A

Nation’s basic law

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2
Q

Functions of Constitution

A

Supreme law of the land
Created political institutions & established powers
Protects rights of citizens
Limits power of gov’t

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3
Q

Colonial period (1607-1763)

A

Freedom & autonomy of colonies from Great Britain

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4
Q

What happened at the end of the French & Indian war?

A

End of salutary neglect
Taxes & enforcement of mercantile policies
Angered the colonists

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5
Q

Why were the colonists angry at Britain?

A

No direct representation

No taxation without representation

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6
Q

Revolution was deeply influenced by

A

Enlightenment

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7
Q

John Locke

A

Important figure that influenced in the colonial leaders

Wrote “The Second Treatise of Civil Government”

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8
Q

Consent of governed

A

People agree on who their elected officials will be

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9
Q

Natural rights

A

People have inherent rights that are not dependent on gov’t

Life, liberty, and property

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10
Q

Limited gov’t

A

Restriction on power of gov’t

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11
Q

Purpose of gov’t

A

Protect natural rights of people

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12
Q

If gov’t fails its purpose, then

A

Citizens have the right to change the gov’t

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13
Q

Common Sense

A

Written by Thomas Paine
(Jan 1776)
Pamphlet arguing for independence
Influenced by Enlightenment

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14
Q

Main idea of Common Sense

A

Called for creation of republic based on natural rights of people

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15
Q

Declaration of Independence

A

Drafted by Thomas Jefferson

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16
Q

Goals of Declaration of Independence

A

Justify independence of listing grievances against King George III
Rally support in colonies
Get assistance from foreign nations

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17
Q

Why was the Declaration of Independence appealing to colonies?

A

Declares unalienable rights

and popular sovereignty

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18
Q

Popular sovereignty

A

Idea that power of gov’t rest with people

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19
Q

American Revolution was built on a belief of

A
Natural rights
Consent of governed
Limited gov't
Responsibility of gov't to protect private property
Equality of citizens
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20
Q

Articles of Confederation

A

1st national gov’t of US

Created central gov’t with limited power

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21
Q

Key weaknesses of Articles

A
Unicameral congress
No executive branch/ court
Lack of centralized military power
No power to tax
Could not regulate interstate commerce
All states must agree to amend Articles
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22
Q

State gov’t

A

Each created its own Constitution, Bill of Rights, separation of powers

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23
Q

Separation of powers

A

Power typically split between 3 branches of gov’t

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24
Q

Bill of Rights

A

outlined basic freedoms

religion, trial by jury, etc.

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25
Republicanism
Power comes from the people
26
Following the American Revolution, the economy
Suffered a postwar depression
27
Shay's Rebellion (1786-87)
Daniel Shay, veteran of Revolutionary War and farmer in MA, led rebellion of poor farmers
28
What happened during the Shay's Rebellion?
State nor national gov't could put down rebellion | Private militia hired to put down rebels
29
What did the Shay's Rebellion highlight?
Gov't was too weak Increased calls for stronger central gov't Contributes to Constitutional Convention
30
Growing demand to address the problems facing the nation
``` International trade finances interstate commerce foreign relations internal unrest ```
31
Annapolis Convention (1786)
5 states attend to discuss trade and commerce | Decided to meet up in one year at Philadelphia, PA
32
Constitutional Convention (1787)
Meets for purpose of revising Articles 55 delegates in attendance All decided to create an entirely new stronger central gov't
33
Founding Fathers agree on these basic ideas about gov't
Human nature Political conflict Purpose of government Nature of government
34
Human nature
People are driven by self-interest
35
Political conflict
Conflict was caused by distribution of wealth
36
Factions
Develop from sources of conflict
37
Purpose of government
Gov't should protect right to achieve wealth and to check power of factions
38
Nature of government
Gov't must be balanced with a separation of powers
39
Constitution is built on
compromises
40
Big issue at convention was about
representation in Congress
41
Virginia Plan
Large State Plan Introduced by Edmund Randolph Bicameral legislature Representation based on population
42
New Jersey Plan
Small state plan Introduced by William Patterson Unicameral legislature Equal representation
43
Connecticut Compromise
``` Great Compromise Introduced by Roger Sherman Bicameral legislature Senate- equal representation House- representation based on population ```
44
Slavery
Was not explicitly mentioned in Constitution | Protected by Constitution
45
What was the issue surrounding slavery?
Whether they should be counted in state population
46
3/5th Compromise
Slaves would be counted as 3/5 of a person when deciding representation in House of Reps
47
Slave trade was allowed to continue until
1808
48
Voting requirements
Determined by states | Some states abolished property requirements
49
Economic
Congress given tremendous power Levy taxes Regulating interstate commerce
50
Individual rights
Original Constitution said very little about personal freedom
51
Why did the original Constitution said very little about personal freedoms?
Created a limited gov't with checks & balances | State constitutions protected individual rights
52
Constitution included certain protections such as
Writ of habeas corpus can't be suspended unless during war Bills of attainder are prohibited Ex post facto laws banned No religious qualifications for office Criminal defendants entitled to jury Treason narrowly defined/ strict rules for conviction
53
Writ of habeas corpus
Right of prisoner to know why they are being detained
54
Bills of attainder
Punish people without a judicial trial
55
Ex post facto laws
Punish people who committed a certain activity before a law was created to prohibit the activity
56
Madisonian Model
Framers suspicious & fearful of power of majority
57
How did the Framers restrict control of majority?
President, Senators, judges -> not elected by people | Only House was directly elected
58
Constitution created a
Republic | Citizens elect representatives to govern
59
Direct democracy
Citizens directly voting on issues
60
Separation of powers
Power separated between 3 branches of government : executive, legislative, judicial
61
Check & Balances
Each branch act as check upon one another
62
Check & Balances examples
President checks Congress with veto power Congress controls "purse strings" & Senate approves presidential nominations Courts are able to use judicial review
63
Federal system
Constitution set up a division of power between national & state gov'ts
64
Debate over ratification
Reflects various views on democracy & power of central gov't
65
Anti-Federalists
critics of Constitution & favored weak central gov't | Favored state rights
66
What was the main arguments for Anti-Federalists?
No protections for individual rights
67
Anti-Federalist Brutus #1
Adhered to popular democratic theory Decentralized republic Large centralized gov't -> danger to personal liberty
68
Federalists
Supporters of Constitution & strong central gov't
69
The Federalist Papers
85 essays written by Madison, Hamilton, John Jay to persuade people to support ratification of Constitution
70
Federalist #10
Focuses on superiority of large republic in controlling "mischief of faction"
71
How can gov't control faction?
Delegating authority to elected representatives | Dispersing power b/t states & national gov't
72
How did the Federalist help achieve ratification?
Guarantee Bill of Rights
73
Bill of Rights
Enumerated individual rights & explicitly restricted power of fed. gov't
74
1st amendment
Speech, religion, press, assembly
75
4th amendment
No unreasonable searches & seizures w/o probable cause
76
What challenges did the Bill of Rights bring to gov't?
Interpretation of these rights
77
George Washington
Took office as nation's 1st president in 1789
78
How is the Constitution a living document?
Oldest functioning Constitution with 27 amendments
79
How to formally amend the constitution
Congress | Special State Convention
80
How can Congress amend the constitution?
Proposal - by 2/3 of Congress | Ratification by 3/4 state legislatures
81
Congressional amendment examples
All besides 21st Reconstruction Amendments 19th Amendment- woman suffrage
82
How can Special State Convention amend the constitution?
Proposal - by National Convention of 2/3 state legislatures | Ratification -by 3/4 state conventions
83
Informal process of Constitutional change
Judicial interpretation | Judicial review
84
Judicial interpretation
Court decides the constitutionality of gov't actions
85
Judicial review established by
Marbury v Madison
86
SCOTUS examples
Plessy v Ferguson | Brown v Board
87
Plessy v Ferguson (1896)
declared "separate by equal" did not violate "equal protection clause" of 14th amendment
88
Brown v Board (1954)
Overturned Plessy v Ferguson
89
The Constitution has become
More democratic through its amendments
90
US now has a
2 party system with 1st party system develops in 1790s
91
Dramatic increase in
powers of presidency