The Constitution Flashcards
(45 cards)
1
Q
During what time period was the constitution written?
A
the Enlightenment
2
Q
Who were some of the leaders?
A
Benjamin Franklin, Thomas Jefferson, and James Madison
3
Q
key ideas
A
- reason (means by which we improve society, absence of intolerance)
- natural laws (discovered by human reason)
- progress (laws of govt make it possible)
- liberty (freedom from absolute monarchs, freedom = natural right, progress requires this)
- toleration (opposed superstition, intolerance, and bigotry)
4
Q
John Locke
A
- people born with “natural rights” - “life, liberty, and property”
- govt preserves right, based on consent of the governed
- rulers promise to protect people’s natural rights
- people have right to replace leaders
5
Q
Charles de Montesquieu
A
- separated powers (executive, legislative, and judicial)
- protect rights of people bc no absolute control
6
Q
Jean-Jacques Rousseau
A
- sovereign power does not lie in ruler, general will of the community
- rulers are servants
7
Q
the original writings of the USA
A
Articles of Confederation - “a firm league of friendship” with a weak national govt (each state had its own “sovereignty, freedom, and independence”
8
Q
type of congress that the articles created
A
unicameral Congress in which each state had one vote, no judicial or executive branch, only congressional committees
9
Q
flaws in the AoC
A
- reluctant to give govt powers that they had just denied Parliament
- lacked the power to levy taxes, had to ask states for revenue
- lacked executive and judicial, no means of forcing will
- no power to regulate or promote commerce among the states
- amendments required a unanimous vote of all 13 states
10
Q
cause of Shay’s rebellion
A
Massachusetts farmers losing their land bc they could not pay debts in hard currency
11
Q
What was Shay’s rebellion?
A
- farmers demanded end to foreclosures, relief from oppressively high taxation, and increased circulation of paper money
- led by Daniel Shay’s
- forced several judges to close their courts
- convinced leaders that AoC too weak, US = stronger central govt
12
Q
The Framers
A
- 12/13 sent delegations to Philadelphia (RI refused bc opposed strong central govt)
- 55 delegators
- “an assembly of demi-gods” - Thomas Jefferson
- daunting task = James Madison
13
Q
shared ideas
A
- human nature (all selfish, Franklin: “two passions - love of power and love of money”
- political conflict (unequal distribution of property - creates rival factions, society divided by wealth)
- purpose of govt (“the preservation of property is the end of govt” - no excessive democracy)
- nature of govt (power should be limited and divided, checks and balances)
14
Q
purpose of “Philadelphia Convention”
A
revising the Articles of Confederation but then decided to create a national govt with increased power
15
Q
the 2 plans in the connecticut (great) compromise
A
- Virginia Plan (called for bicameral legislature, representation based on each state’s population)
- New Jersey Plan (called for unicameral legislature, equal representation between states)
- small state delegations were upset by this bc the larger states will take over
16
Q
the connecticut plan
A
Roger Sherman and William Johnson broke deadlock.
- called for bicameral legislature
- HoR - representation based on population
- S - two members per state
17
Q
consequences of connecticut plan
A
- still a disproportionate influence in Congress
- 20 Senators to represent 53% of US population and 20 to represent 3% of the U. S. population
18
Q
2 positions of 3/5s compromise
A
- southern (90% of slaves lived in Georgia, Maryland, the Carolinas, and Virginia, 30% of total population) - demanded slaves to be counted in determining representation in congress
- northern (opposed slavery) - how can be property be counted in representation (slaves were akin to cattle in the south)
19
Q
The Three-Fifths compromise
A
- all free people and three-fifths of all other people should be counted for representation in congress
- used same formula for taxation
20
Q
consequences of three-fifths compromise
A
-thirteenth amendment which abolished slavery eliminated compromise
21
Q
How did Congress ensure a strong national govt in economics through the Constitution?
A
promotes economic growth and protect property:
- obtain revenue through taxing
- pay debts
- coin money and regulate its value
- regulate interstate and foreign commerce
- establish uniform laws of bankruptcy
- punish counterfeiting
- establish post offices
22
Q
How does the Constitution safeguard individual rights?
A
- prohibits suspension of habeas corpus (a court order requiring a person in custody be brought into court and shown the cause for detention)
- prohibits Congress from passing bills of attainder (legislative act that inflicts punishment without a court trial)
- prohibits Congress from passing ex post facto laws (punishes a person for acts that were not illegal when the act was committed)
- upholds the right to trial by jury in criminal cases
- prohibits the imposition of religious qualifications for holding office
23
Q
legislative branch
A
bicameral Congress that consists of a HoR and a Senate
24
Q
executive branch
A
president chosen by an electoral college
25
judicial branch
Supreme Court as the highest court of the national govt
26
congress and the president: checks and balances
- congress has power to make law, but president may veto an act of congress
- congress can override a presidential veto by a two-thirds vote in each house
- president negotiates treaties that must be ratified by the Senate
27
congress, the Supreme Court, and the President: checks and balances
- president nominates justices to Supreme Court
- Senate approves/rejects presidential nominations
- Supreme Court can declare laws and presidential acts unconstitutional
- Congress proposes constitutional amendment to reverse a Supreme Court ruling
- HoR may impeach SC justices and president. Senate can remove president and justices by ⅔'s vote
28
consequences of checks and balances
- slows change and encourages compromise
| - three branches are not completely independent
29
ways the constitution limits majority rule
- insulated senate
- an independent judiciary
- an indirectly elected president
30
insulated senate
- Senate = bulwark against irresponsible majorities in the HoR
- state legislatures originally chose senators (Seventeenth Amendment established election of senators by popular majority)
- staggered term of service made it more resistant to popular pressures
- Senate checks passions expressed by HoR (Washington uses cooling coffee)
31
an independent judiciary
- insulate from popular control
- appointed by president and confirmed by senate
- serve until they resign, retire, or die in office
32
an indirectly elected President
- not directly elected by the popular vote
- created electoral college (electors would choose a distinguished character of continental reputation) - now are "rubber stamps" that follow the popular majority
33
the process of ratifying the constitution
1. AoC amended only by agreement of all 13 state legislatures
2. 9/13 necessary to approve constitution
3. nationwide debate between anti-federalists who opposed it and federalists who supported it
34
the anti-federalists
- included small farmers, shopkeepers, and laborers
- favored strong state govts and weak national govt
- called for a Bill of Rights to protect individual liberties
35
the federalists
- included large landowners, wealthy merchants, and professionals
- favored weak state govts and strong national govt
- promised to add amendments specifically protecting individual liberties
36
the federalist papers
- 85 essays written by alex hamilton, James Madison, and John Jay to support Constitution
- Madison: political factions = undesirable but inevitable (limited by republican representation created by constitution)
- large republic would fragment power and curb the non-wealthy majority
37
ratification of the constitution
- Delaware, NJ, and smaller states quickly ratified it but very close in NY and VI
- NC and RI insisted on a bill of rights as a condition for jointing the Union
- the First Congress ratified ten amendments collectively known as the Bill of Rights
38
methods of proposal - the formal amendment process
- ⅔'s vote in both houses of Congress
- national constitutional convention called by Congress at the request of ⅔'s of the state legislatures (never used)
- examples of federal structure of American govt
39
methods of ratification - the formal amendment process
- by legislatures in ¾'s of the states
| - by conventions in ¾'s of the states
40
informal methods of constitutional change
1. congressional legislation
2. executive actions
3. judicial decisions
4. party practices
5. unwritten traditions
41
congressional legislation
- pass numerous laws that both clarify and expand constitutional provisions
- Judiciary Act of 1789 - process of creating the federal court system
- Acts of Congress made cabinet departments, agencies, and offices in the executive branch
- defined and expanded Commerce Clause (congressional regulations cover railroad lines, air routes, and Internet traffic and ban discrimination in public accommodations)
42
executive actions
- president = commander-in-chief of armed forces to send troops into combat without declaration of war
- executive agreement = pact between prez and head of foreign state (do not have to be ratified by the senate) - circumvent the formal treaty-making process
43
judicial decisions
- judicial review = power of the supreme court to determine if acts of Congress and the President are in accord with the Constitution
- claimed power in Madison v. Marbury in 1803
44
party practices
- not specified in constitution (GW and Framers advised against them)
- political parties have held conventions to nominate candidates for President (result: electoral college as "rubber stamp")
- how congressional committees are organized and led
45
unwritten traditions
- Constitution: nominate federal judges who are approved by Senate
- senatorial courtesy: the President to first seek the approval of the senator or senators of the president's party from the state in which the nominee will serve
