unit 1- the constitution

Question 1

10 amendments

Answer 1

1. freedom of speech, religion, press
2. right to bear arms
3. quartering soldiers
4. warrant to search house
5. protects against double jeopardy, don’t have to talk at your trial, fair trial by jury in public
6. speedy and quick trial in criminal cases
7. right to trial by jury in civil cases
8. punishment must fit crime, can’t be cruel
9. these aren’t ur only rights
10. any rights not explicitly stated are left to states

Question 2

forms of government, describe

Answer 2

anarchy- lack of government
autocracy- rule by 1
oligarchy- small group rules
democracy- ruled by people

Question 3

power structures

Answer 3

unitary system (central government to states to citizens), federation (central government + states to citizens), confederation (states to central government + citizens

Question 4

federalism

Answer 4

a way of organizing a nation so that two or more levels of government have formal authority over land and people

Question 5

unitary government

Answer 5

all power resides in central government

Question 6

ideas that influenced americans

Answer 6

magna carta, petition of right (king cannot declare martial law without parliament), english bill of rights

Question 7

constitutional convention

Answer 7

Philadelphia, may of 1787 to revise the articles of confederation

Question 8

weaknesses of articles

Answer 8

• congress couldn’t collect taxes
• no executive branch
• congress couldn’t enforce laws
• laws needed 9/13 states to approve
• changing articles required all 13 ststes
• each state had its own currency
• states fought each other
• shay’s rebellion showed government had no money to pay soldiers
• states and national government had authority to coin money
• each state had one vote
• congress couldn’t refutal interstate trade

Question 9

how constitution remidied weaknesses

Answer 9

• created federal system of government between national and state levels
• national government could tax
• congress could regulate commerce
• executive and judiciary branch created
• national government only could coin money
• states represented based on population in house of representatives and equally in the senate
• bills need majority in both houses of congress
• 2/3 of congress and 3/4 of states necessary to change constitution

Question 10

articles of confederation main things

Answer 10

first national constitution for governing states, weak national government with unicameral legislature, congress had limited power, each state was equal

Question 11

achievements of articles of confederation

Answer 11

paris peace treaty 1783, executive branch, northwest ordinance

Question 12

the Annapolis convention

Answer 12

virginia and maryland had different monies, taxed each other, Washington calls for delegates, Maryland and virginia resolve issues, virginia calls for all states meeting but only 5 show up, Hamilton calls for convention to change AOC

Question 13

connecticut compromise

Answer 13

new jersey + virginia plan compromised
- 2 houses, 1 (HOR, lower) based on population, 1 (senate, upper) based on every state having 2 representatives
- 3/5 compromise –> congress can’t tax exports from states, slaves count as 3/5 of a person, slave trade banned

Question 14

new jersey plan

Answer 14

unicameral legislature, one state one vote, executive branch (protects minorities, doesn’t account for representation of everyone)

Question 15

virginia plan

Answer 15

bicameral legislature, both houses based on population, president elected by legislature, judiciary appointed by legislature, (doesn’t protect minorities but allows representation for everyone)

Question 16

federalists (vs. antifederalists)

Answer 16

• madison, hamilton, jay
• favored constitution
• highlighted weaknesses of articles
  -beleived in a strong government to protect the nation
• checks/balances would protect against abuse of power
  -protection of property rights
  -protection against majority controlling the minority

Question 17

antifederalists (vs. federalists)

Answer 17

-brutus, henry, adams, monroe
-opposed constitution
-protection of individual liberties most importance
-wanted strong state governments, feared strong national government
-wanted a bill of rights
- created something similar to a monarchy

Question 18

limited government

Answer 18

government isn’t all powerful

Question 19

popular sovereignty

Answer 19

people are source of governments authority

Question 20

separation of powers

Answer 20

among 3 branches

Question 21

checks and balances

Answer 21

each branch can be restrained by other two branches

Question 22

federalism

Answer 22

division of government powers between government and states

Question 23

legislative branch powers over executive branch

Answer 23

• senate can refuse to confirm presidential appointments
• can override presidential veto with 2/3 majority
• can impeach president
• creates executive agencies and programs
• appropriates funds

Question 24

legislative branch powers over judicial branch

Answer 24

- creates lower federal courts - sets salaries of federal judges - can refuse to confirm judicial appointments - can impeach federal judges - can propose constitutional amendments

Question 25

executive branch powers over legislative

Answer 25

- president can veto acts of congress - president can call special session of congress

Question 26

executive branch powers over judicial

Answer 26

- president appoints federal judges - president can grant pardons to federal offenses - can refuse to enforce court decisions

Question 27

judicial branch

Answer 27

- can rule a law passed by congress or an action taken by executive branch unconstitutional - chief justice presides over impeachment of president

Question 28

delegated powers

Answer 28

specifically given to national government - regulate interstate commerce - coin/print money - declare war - establish federal courts below supreme court - conduct foreign relations - make all laws necessary and proper - regular immigrants - acquire and govern US territories

Question 29

concurrent powers

Answer 29

shared by national and state governments - levy taxes - borrow money - establish courts - charter banks - establish and enforce laws

Question 30

reserved powers

Answer 30

state powers only - regulate inTRAstate commerce - establish local governments - public school systems - elections

Question 31

what each article talks about

Answer 31

1 - legislative branch 2 - executive branch 3 - judicial branch 4 - states rights 5 - how to change constitution, 2/3 both houses, 3/4 state legislature 6 - national government rights (supremacy) 7 - ratification

Question 32

elastic clause

Answer 32

article 1 allows congress to make all laws necessary and proper to carry out powers of constitution (backed up by McCullough v. maryland)

Question 33

supremacy clause

Answer 33

constitution is supreme law of the land, states cant interfere with federal power (also mccullough v maryalnd)

Question 33

commerce clause

Answer 33

gives congress power to regulate commerce between states

Question 34

marbury vs. maryland

Answer 34

marburg sued madison for commission, marshall said law ave courts power to rule the issue unconstitutional; ESTABLISHED JUDICIAL REVIEW (supreme courts role to review/nullify actions of congress and president)

Question 35

mccullough vs. maryland

Answer 35

supremacy clause; maryland couldn't tax local office bank of US because it belonged to federal government; federal government argued that they didn't have that power; STRENGTHENED FEDERAL GOVERNMENT AND ITS POWER OVER STATE GOVERNMENTS (elastic clause)

Question 36

brutus

Answer 36

necessary and proper clause gave to much power to federal governments

Question 37

federalist #10

Answer 37

republic, democracy, factions we want more of these so its more balanced