The Constitution Flashcards
principles, key theories, history and amendments (42 cards)
When did 12 of the 13 states gather in Philadelphia to discuss the Articles of the Confederation? (The Convention of…) (history)
1787
Which state did not turn up in Philadelphia and why? (history)
Rhode Island didn’t arrive as they felt (as a smaller state) they would not get enough power compared to the larger states (especially in the South).
What did they prove about the Articles of the Confederation? (history)
The group proved that the Articles of the Confederation were not able to cope with the challenges of the fledgling nation.
What compromises were made in the new Constitution?
history
- the notorious ‘three-fifths’ compromise which made the population of the larger slave states smaller and every five black or enslaved men and women counted as three as they could not vote and the state’s power would be disproportionate.
How many delegates arrived in Philadelphia? (history)
55 delegates (from 12 states)
What did the Articles of the Confederation provide the framework for since the declaration of independence in 1776?
The system of governance.
What was agreed at the Convention? (history)
the leaders of the states agreed that the creation of a stronger central govt would engance the power and potential of the US
Who was elected to preside over the Convention? (history)
George Washington
What was the most spirited debate over? (history)
The composition of the legislative branch of government. Should it be unicameral or bicameral and how should representation be proportioned?
What was the Virginia Plan? (history)
Virginia Plan:
Proposed by James Madison
called for bicameral legislature where representation would be based on population
What were the original Seven article of the Constitution?
features
• First four entail the role of congress, presidency,
supreme court and states
• Article 5 outlines amendment process
• Article 6 is supremacy clause
• Article 7 outlines ratification process
How many amendments have there been to the Constitution? (features)
• There have been 27 amendments and mostly in
the bill of rights
What is the Bill of Rights? (BoR)
- The Bill of Rights outlines the rights and individual freedoms of citizens and states.
- Made of the first 10 amendments of the Constitution.
- They were all passed in in 1791 after the constitution was created.
What does the US Bill of Rights do? (BoR)
It protects the states from Federal Government power and this is because several of the colonies were reluctant to join a new Union and a discussion of the provisions helped to reduce the states’ concerns regarding power of Central Govt
Examples of amendments of the Bill of Rights. (BoR)
• Some around civil war, about the emancipation of
slaves
• Post-civil war issue of voting rights addressed –
Not many in the 19th century ( but mostly around
civil war)
• 20th Century- 16th amendment- taxes, 19th
amendment- female suffrage, 18th and 21st
amendment- prohibition
• Some are about procedural things eg the 22nd
amendment limiting the times a president could
serve in office (after FDR had three terms in office
and nearly four!)
List the six key amendments of the Bill of Rights. (BoR)
• 1st- freedom of expression and religion
• 2nd right to bear arms- the British govt didn’t
allow ordinary people to carry weapons- to
prevent tyranny of monarch that the Americans
were subjected to during the colonisation (to
defend against the govt) has a had a big cultural
impact in the US
• 4th no unreasonable searches or seizure of
people or property
• 5th protection against double jeopardy
• 8th right to provide freedom from cruel and
unusual punishment
• 10th right of states to have reserved power
If the Constitution is the highest form of law- what is the term for this? (features)
The constitution is the highest Authority- all law relates back and the constitution is interpreted to judge other laws.
What is the most problematic issue of having a codified constitution? (features)
All laws have to be interpreted to fit within the constitution, for example the second amendment (right to bear arms) is linked to this as when the constitution was written it was a way to stop despotic rulers from controlling the people (as King George had done) but is now far less applicable.
In regards to the US Constitution what is entrenchment?
features
Entrenchment- the system that limits ease of change of a document specifically a Constitution. The US system requires specific processes for proposing amendments and ratification.
What does Judiciable mean? (features)
The ability to judge all laws against a document (specifically the US constitution- links to it’s authoritative nature.)
Why are some parts of the Constitution vague? (features)
Because lots of them were originally compromises and some are left vague to help with interpretation issues to be applicable through time
• The US constitution is very short which allows
evolution and interpretation through time
• Allows for different changes to help adaption to
future circumstances
• But allows it to be interpreted in any way to
support modern society.
What are Enumerated Powers? (explicit powers) (features)
• Powers explicitly stated such as article 1- parts of
constitution that are very specific and cannot be
changed or interpreted differently
• Eg- congress collects taxes and duties
• Fixes common weights and measures,
establishing post offices, army and military
• Some branches have very specific different
powers
What are Implied Powers?
Powers authorized by the Constitution that, while not stated, seem implied by powers that are expressly stated.
What is the ‘Elastic Clause’?
Also known as ‘necessary and proper’ clause
Congress can introduce new laws if needed that fit to circumstances that the Founding Fathers couldn’t have seen in the 1700’s.
