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Unit 5: the constitution Flashcards

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1
Q

natural laws

A

a natural and/ or divine order of things that regulates to human experience and how societies develop.

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2
Q

John Locke says

A
  • natural unalienable rights (life liberty obtain property)
  • social contract
  • consent of the governed
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3
Q

John Locke believes in limited or unlimited gov?

A

limited gov (people are good)

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4
Q

Monterquieu says

A

ideal gov separates powers
- protect people against one branch controlling all

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5
Q

Rousseau says

A

rulers are public servants to the people, if they don’t do that then the government will be overthrown.

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6
Q

what was common sense about?

A

demands that Americans come together to declare independence from a corrupt brutal violent king

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7
Q

unicameral

A

one legislative body

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8
Q

articles of confederation, unicameral or bicameral?

A

uni

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9
Q

how does the articles of confederation say the government will work?

A
  • unicameral legislator, each state had one vote
  • law had 2/3 majority to get passed
  • to change articles, there had to be a uniramous vote
    -no executive or judicial branch
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10
Q

why were the articles of confederation weak?

A
  • writers were reluctant to give congress powers
  • lacked ability to collect taxes
    -lacked executive and judicial branch
    laws nearly impossible to pass bc 2/3 majority vote
    -small states had equal power to large states
  • amendments were impossible to pass
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11
Q

shay’s rebellion

A

angry mob of farmers took over several courts and occupied them and wouldn’t let them operate

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12
Q

goals for new government: big states

A

farming/ trade benefits
- pop = representation

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13
Q

goals for new government: small states

A

keep power
- 1 to 1 vote

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14
Q

goals for new government: southern states

A

protect slavery
want to count slavery as population

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15
Q

goals for new government: northern states

A
  • economic growth
    –end slavery
    -don’t count slaves as population
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16
Q

Virginia plan

A

big state’s idea
- bicameral house legislature
- both houses based on pop of states
-one house elected by state legislators

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17
Q

new jersey plan

A

small state’s idea
- exactly the same as article of conferderation

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18
Q

the great compromise/ Connecticut plan

A

bicameral legislature
what we have today

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19
Q

reserved powers

A

powers reserved for the states only

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20
Q

supremacy clause

A

national laws are supreme laws

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21
Q

commerce clause

A

federal government regulates interstate commerce

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22
Q

delegated/ enumerated powers

A

specific powers given to the federal government ( taxing, pay debts coin money…)

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23
Q

federalist papers

A

a series of essays written by john jay alexander Hamilton and James Madison defending the constitution to the public

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24
Q

federalist no. 10

A

factions are unavoidable, better to control than to destroy

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25
how do you control factions?
large republic where republic elects representatives
26
why is pure democracy bad for factions?
factions would have to check
27
Federalist no. 51
separation of powers - judicial branch = life time appointments - legislative branch = sperate houses -president = electoral college
28
fed no. 51 mnemonic :
area 51 is seperate
29
judicial check on executive
- declare actions unconstitutional - chief justice presides over impeachment trail
30
judicial branch check legislative
rules fed/state law unconstitional
31
legislative check on judicial
change jurisdiction of federal courts impeach federal judges purpose amendments to override judicial decisions
32
executive check judicial
appoints judges refuse to implement decisions
33
1st amendment
Freedom of Religion, Speech, Press, Assembly, and Petition (1791)
34
2nd amendment
Right to Keep Weapons (1791)
35
3rd amendment
Protection against Quartering Soldiers (1791)
36
4th amendment
Freedom from Unreasonable Search and Seizure (1791)
37
5th amendment
Rights of Persons Accused of a Crime (1791) right to stay silent.
38
6th amendment
Right to a Jury Trial in a Criminal Case (1791)
39
7th amendment
Right to a Jury Trial in Civil Cases (1791)
40
8th amendment
Protection from Unfair Fines and Punishment (1791)
41
9th amendment
Other Rights of the People (1791)
42
10th amendment
Powers of the States and the People (1791)
43
11th amendment
Limiting Law Cases against States (1798)
44
12th amendment
Election of the President and Vice President (1804)
45
13th amendment
Slavery Outlawed (1865) Section 1: Abolition of Slavery Section 2: Enforcement
46
15th amendment
black voting rights
47
16th amendment
income tax
48
17th amendment
Direct Election of Senators (1913)
49
18th amendment
prohabition
50
19th amendment
woman's right to vote
51
20th amendment
Terms of office for congress
52
21th amendment
repeal prohabition
53
22nd amendment
terms of office for president
54
26th amendment
votes for 18 year olds
55
Article 1 section 1:
the congress
56
Article 1 section 2:
the house of reps
57
Article 1 section 3:
senate
58
Article 2 :
executive branch
59
article 3:
Judicial branch
60
article 4:
relations among the states
61
article 5:
amending the constitution
62
article 6:
debts, Federal supremacy, oaths of office
63
article 7:
ratification of the constitution
64
presidential actions
A: Executive orders are issued by the President of the United States, acting in his capacity as head of the executive branch, directing a federal official or administrative agency to engage in a course of action or refrain from a course of action.
65
judicial activism
judicial activism describes how a justice approaches judicial review, where judicial activists abandon their responsibility to interpret the Constitution and instead decide cases to advance their preferred policies.
66
Marbury v. Madison (1803).
established judicial review
67
judicial review
the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself.
68
advice and consent clause
"advice and consent" is a power of the United States Senate to be consulted on and approve treaties signed and appointments made by the president of the United States to public positions, including Cabinet secretaries, federal judges, Officers of the Armed Forces, United States attorneys,
69
concurrent powers
powers both state and fed have
70
implied power
powers that are not directly in the constitution, but are implied.

history (15 decks)

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