II - Constitution Flashcards

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
Q

Republicanism

A

Power comes from the people

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26
Q

Following the American Revolution, the economy

A

Suffered a postwar depression

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27
Q

Shay’s Rebellion (1786-87)

A

Daniel Shay, veteran of Revolutionary War and farmer in MA, led rebellion of poor farmers

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28
Q

What happened during the Shay’s Rebellion?

A

State nor national gov’t could put down rebellion

Private militia hired to put down rebels

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29
Q

What did the Shay’s Rebellion highlight?

A

Gov’t was too weak
Increased calls for stronger central gov’t
Contributes to Constitutional Convention

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30
Q

Growing demand to address the problems facing the nation

A
International trade
finances
interstate commerce
foreign relations
internal unrest
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31
Q

Annapolis Convention (1786)

A

5 states attend to discuss trade and commerce

Decided to meet up in one year at Philadelphia, PA

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32
Q

Constitutional Convention (1787)

A

Meets for purpose of revising Articles
55 delegates in attendance
All decided to create an entirely new stronger central gov’t

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33
Q

Founding Fathers agree on these basic ideas about gov’t

A

Human nature
Political conflict
Purpose of government
Nature of government

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34
Q

Human nature

A

People are driven by self-interest

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35
Q

Political conflict

A

Conflict was caused by distribution of wealth

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36
Q

Factions

A

Develop from sources of conflict

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37
Q

Purpose of government

A

Gov’t should protect right to achieve wealth and to check power of factions

38
Q

Nature of government

A

Gov’t must be balanced with a separation of powers

39
Q

Constitution is built on

A

compromises

40
Q

Big issue at convention was about

A

representation in Congress

41
Q

Virginia Plan

A

Large State Plan
Introduced by Edmund Randolph
Bicameral legislature
Representation based on population

42
Q

New Jersey Plan

A

Small state plan
Introduced by William Patterson
Unicameral legislature
Equal representation

43
Q

Connecticut Compromise

A
Great Compromise
Introduced by Roger Sherman
Bicameral legislature
Senate- equal representation
House- representation based on population
44
Q

Slavery

A

Was not explicitly mentioned in Constitution

Protected by Constitution

45
Q

What was the issue surrounding slavery?

A

Whether they should be counted in state population

46
Q

3/5th Compromise

A

Slaves would be counted as 3/5 of a person when deciding representation in House of Reps

47
Q

Slave trade was allowed to continue until

A

1808

48
Q

Voting requirements

A

Determined by states

Some states abolished property requirements

49
Q

Economic

A

Congress given tremendous power
Levy taxes
Regulating interstate commerce

50
Q

Individual rights

A

Original Constitution said very little about personal freedom

51
Q

Why did the original Constitution said very little about personal freedoms?

A

Created a limited gov’t with checks & balances

State constitutions protected individual rights

52
Q

Constitution included certain protections such as

A

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
Q

Writ of habeas corpus

A

Right of prisoner to know why they are being detained

54
Q

Bills of attainder

A

Punish people without a judicial trial

55
Q

Ex post facto laws

A

Punish people who committed a certain activity before a law was created to prohibit the activity

56
Q

Madisonian Model

A

Framers suspicious & fearful of power of majority

57
Q

How did the Framers restrict control of majority?

A

President, Senators, judges -> not elected by people

Only House was directly elected

58
Q

Constitution created a

A

Republic

Citizens elect representatives to govern

59
Q

Direct democracy

A

Citizens directly voting on issues

60
Q

Separation of powers

A

Power separated between 3 branches of government : executive, legislative, judicial

61
Q

Check & Balances

A

Each branch act as check upon one another

62
Q

Check & Balances examples

A

President checks Congress with veto power
Congress controls “purse strings” & Senate approves presidential nominations
Courts are able to use judicial review

63
Q

Federal system

A

Constitution set up a division of power between national & state gov’ts

64
Q

Debate over ratification

A

Reflects various views on democracy & power of central gov’t

65
Q

Anti-Federalists

A

critics of Constitution & favored weak central gov’t

Favored state rights

66
Q

What was the main arguments for Anti-Federalists?

A

No protections for individual rights

67
Q

Anti-Federalist Brutus #1

A

Adhered to popular democratic theory
Decentralized republic
Large centralized gov’t -> danger to personal liberty

68
Q

Federalists

A

Supporters of Constitution & strong central gov’t

69
Q

The Federalist Papers

A

85 essays written by Madison, Hamilton, John Jay to persuade people to support ratification of Constitution

70
Q

Federalist #10

A

Focuses on superiority of large republic in controlling “mischief of faction”

71
Q

How can gov’t control faction?

A

Delegating authority to elected representatives

Dispersing power b/t states & national gov’t

72
Q

How did the Federalist help achieve ratification?

A

Guarantee Bill of Rights

73
Q

Bill of Rights

A

Enumerated individual rights & explicitly restricted power of fed. gov’t

74
Q

1st amendment

A

Speech, religion, press, assembly

75
Q

4th amendment

A

No unreasonable searches & seizures w/o probable cause

76
Q

What challenges did the Bill of Rights bring to gov’t?

A

Interpretation of these rights

77
Q

George Washington

A

Took office as nation’s 1st president in 1789

78
Q

How is the Constitution a living document?

A

Oldest functioning Constitution with 27 amendments

79
Q

How to formally amend the constitution

A

Congress

Special State Convention

80
Q

How can Congress amend the constitution?

A

Proposal - by 2/3 of Congress

Ratification by 3/4 state legislatures

81
Q

Congressional amendment examples

A

All besides 21st
Reconstruction Amendments
19th Amendment- woman suffrage

82
Q

How can Special State Convention amend the constitution?

A

Proposal - by National Convention of 2/3 state legislatures

Ratification -by 3/4 state conventions

83
Q

Informal process of Constitutional change

A

Judicial interpretation

Judicial review

84
Q

Judicial interpretation

A

Court decides the constitutionality of gov’t actions

85
Q

Judicial review established by

A

Marbury v Madison

86
Q

SCOTUS examples

A

Plessy v Ferguson

Brown v Board

87
Q

Plessy v Ferguson (1896)

A

declared “separate by equal” did not violate “equal protection clause” of 14th amendment

88
Q

Brown v Board (1954)

A

Overturned Plessy v Ferguson

89
Q

The Constitution has become

A

More democratic through its amendments

90
Q

US now has a

A

2 party system with 1st party system develops in 1790s

91
Q

Dramatic increase in

A

powers of presidency