The Nature Of The Constitution Flashcards
(9 cards)
What did the constitution propose ?
A divison of authority between the executive, judiciary and legislature
- seperation of powers meant they could check and balance other parts of govenrment to ensure they didn’t exceed their authority
- each was independent
What similarities were there between the govenrment of the confederation and the new federal government ?
- maintain an army and navy
- mint and borrow money
- make treaties with foreign powers
- levy taxes
- regulate commerce
- to pass laws
- any laws passed were superior to any state law
What were states forbidden from ?
- waging war
- engaging in diplomacy
- coining money
- laying duties on imports
- deprived of powers such as issuing money or making treaties
What powers did the states maintain ?
- slavery was left to individual states
- a state could determine its own suffrage in elections to the House of Representatives
- state could regulate their own intrastate or internal commerce
- state continued to exercise jurisdiction in many important area of civil and criminal law
What was the federal executive ?
The federal executive would have its authority exercised by a president
What powers did a president have ?
- commander in chief of the army and navy
- make appointments for judges and diplomats (senate must approve)
- conclude treaties
- signature was required in acts of Congress
- veto acts of Congress
- be removed from office only by impeachment for and conviction of ‘high crime and misdemeanors’
- President elected four a four year term
What was the federal legislature ?
Congress: this comprised of the House of reps and the Senate
The house
- elected directly by vote for a two year term
The senate
- comprises two senators from each state and was elected by state legislature. Serve for 6 years
Congress had the power to
- raise money
- make laws
- impeach
Amongst other things they could also ratify treaties and override a presidents veto
What is the federal judiciary ?
It was agreed there should be
- a National independent judiciary
- a Supreme Court- appointed by president approved by the senate
What did amending the constitution require ?
A 2/3rds majority in each house of Congress and a 75% majority of states
