Test III Flashcards
(18 cards)
2 Major Debates for the Constitution
- How representation in the new government would be configured.
- Solved by The Great Compromise - How slaves would be counted towards representation
- Solved by Three-Fifths Compromise
The Virginia plan
suggestion on how to solve problems with constitution.
- Originally proposed by Madison
- Representation would be based on population
- Favored larger states who had more people
The New Jersey plan
suggestion on how to solve problems with constitution.
- Smaller states response to the Virginia plan
- Called for Equal Representation
- Favored smaller states who would have larger say (per-person) in lawmaking of new government
The Great Compromise
Response to Debate over Constitution
- Would create 2 Houses in Congress
- House of Representatives- representation based on population (Virginia plan)
- The Senate- Equal representation (the New Jersey Plan)
Debate between north and south states over slaves and representation
Northern States:
-Had small population of slaves and recently chose to get rid of slavery all together
-Did not want slaves to count towards representation but did want them to count towards tax purposes, as property.
Southern States
-Had a large population of Slaves that would give them an advantage in house of Reps.
-Count towards population but not taxation
Three-Fifths Compromise
3/5 of slave population would count for both representation and taxation
- Would give the South a distinct advantage in the House of Reps in the future.
- North file away as unfair advantage and hold it against the south.
Separation of Powers
principle that each branch of government should wield distinct powers independent from interference or infringement by other branches of government.
What are the Three branches of Federal Government created by the Constitution?
Legislative Branch
Executive Branch
Judicial Branch
Legislative Branch includes what two houses?
in charge of writing the law
- 2 houses
- Senate-Senator-6 years
- House of Representatives-2 years
Powers of the Legislative Branch
- lay and collect taxes- punish crimes on the high seas
- Borrow Money- declare war
- Regulate commerce- raise and support the military
- Coin money- Call forth the militia
- establish naturalization laws- punish counterfeiters
- establish a postal system
The Executive Branch 2 positions
In charge of enforcing the law
- President- 4 years
- Vice President- 4 years
Executive Branch powers
In charge of enforcing the law -Commander in Chief of the Army and Navy -Power to grant pardons and reprieves -to make treaties nominate and appoint federal officials
Electoral College
Indirect election out of founding fathers’ distrust for democracy
-number of electors based on the number of representative and senators for each state.
Judicial Branch
Interprets the law
- Power over all the courts except in the case of impeachment
- Least specified branch of government. Would come to create its own powers in the future.
- ex. Granting something unconstitutional
Checks and Balances
- Safeguard to make sure no one branch becomes too powerful; each branch has specific checks (or powers over) other branches
- mechanism by which each branch of government keeps the others within bounds of their constitutionality.
Checks and Balances:
Executive Branch vs. Judicial Branch
- President nominates judges
- The court can declare residential acts unconstitutional
Checks and Balances
Executive Branch vs. Legislative Branch
- Congress approves presidential nominations and controls the budget. It can pass laws over the presidents veto and can impeach the president and remove him or her from office.
- The President can veto congressional legislation
Checks and Balances:
Legislative Branch vs. Judicial Branch
- The court can declare laws unconstitutional
- The Senate confirms the president’s nominations, Congress can impeach judges and remove them from office.