7th SS - Chapter 4.4 - 4.5 Notes Flashcards
Supporters of the Constitution are called ___________.
Federalists
Those who opposed the Constitution were called ____________
Antifederalists
Name the three Federalists who wrote a series of essays explaining and defending the Constitution.
- James Madison
- Alexander Hamilton
- John Jay
Why were the Antifederalist against the Constitution?
- It made the national government too strong and left the states too weak
- It gave the President too much power
Who was a leading Antifederalist?
Patrick Henry and George Mason
Why was there a need for a Bill of Rights?
to spell out (protect) the basic liberties of the people
What was the chief objection to the Constitution?
It had no bill or list of rights
Who was one of the strongest supporters of the Bill of Rights?
George Mason
Which was the first state to ratify the Constitution? When did they ratify it?
Delaware, December 7, 1787
Which state was considered the first key “battleground”?
Massachusetts
What did Massachusetts do in February 1788?
They became the 6th state to ratify the Constitution
Which was the ninth state to ratify?
New Hampshire
Which two large states did not ratify until after June 21, 1788?
New York and Virginia
Which was the last state to ratify and what date?
Rhode Island on May 29, 1790
Is the process for amending the Constitution easy or difficult? Why?
The process for amending the Constitution is fairly difficult. The reason for this the framers of the Constitution did not want people to make changes lightly.
In 1789, how many amendments were proposed by Congress and who wrote them?
12 amendments written by James Madison
The first ten amendments to the Constitution were called?
Bill of Rights
Did the Bill of Rights give American rights?
No
What according to James Madison, did the rights list?
According to James Madison, the rights listed are natural rights that belong to all human beings.
What does the third amendment say?
It forbids the government to quarter troops in citizens’ homes without their consent.
The Federalists argued that in order for the Union to last, the national government needed what?
To have the powers denied it under the Articles of Confederation including the power to enforce laws.
The Antifederalists agreed that the Articles of Confederation were not strong enough. However, they felt what?
That the Constitutional Convention had gone too far.
How many states had to ratify the Constitution?
9
After the ratification of the Constitution, who was elected the first President and Vice President of the United States?
George Washington (President) and John Adams (Vice President)
What was the first task of the new congress?
adding a bill of rights to the Constitution
What does the First Amendment protect?
Freedom of religion, speech and the press
What does the Fourth Amendment protect?
The citizens from unreasonable searches of their homes or seizure of their property
What are the six goals of the Constitution?
- To form a more perfect union
- To establish Justice
- To insure domestic tranquility
- To provide for the common defense
- To promote the general welfare
- To secure the blessings of liberty
How many sections is the main body of the Constitution divided?
7
What do the first three articles describe?
the three branches of the national government - legislative, executive, and judicial
Article VI states what about the Constitution?
states that the Constitution is the “supreme law of the land.”
How many total amendments have there been?
27
What are the seven basic principles of the Constitution?
- Popular Sovereignty
- Limited Government
- Separation of Powers
- Checks and Balances
- Federalism
- Republicanism
- Individual Rights
Congress makes __________. The president carries out __________. The judicial branch judges whether actions violates __________ and whether laws violate the Constitution.
passes laws; laws; the laws
Currently, the House of Representatives has ________ members.
435
How long are members of House elected for?
two year terms
What is the leader of the House called?
Speaker
How many Senators are elected from each state?
two
How long do Senators serve?
six year terms
Why are only a third of senators elected every two years?
there is always a majority of experienced senators
Who is the president of the Senate?
The Vice President of the United States
All laws start as proposals called what?
bills
Who must sign a bill for it to become a law?
President
What is the elastic clause and what does it do?
Article I, Section 8, Clause 18 states that Congress can “make all laws which shall be necessary and proper” for carrying out its duties. It is knows as the elastic clause because it enables Congress to stretch its powers to deal with the changing needs of the nation.
What two terms are used to express the different viewpoints about the elastic clause?
- strict constructionists - think that Congress should strictly construe, or narrowly interpret, the elastic clause.
- loose constructionists - think that Congress should loosely construe or broadly interpret
Why does Congress on committees?
Much of the work in Congress in done through committees. Each committee deals with a specific topic, such as defense, education or science
What is a joint committee?
a committee made up of both Senate and House members
Which branch did the framers think would be the most important?
Congress
Who represents all Americans?
President
What are the duties of the President?
- Proposes laws
- Can veto laws
- Negotiates foreign treaties
- Serves as commander in chief of the armed forces
- Appoint Federal judges, ambassadors, and other high officials
- Can grant pardons to federal offenders
- Is the living symbol of the nation
Which amendment, passed in 1951, restricts the president to no more than two complete terms?
22nd Amendment
The President is elected by the Electoral College — the number of a states electors equals _______.
The number of Senators and Representatives they have
Can a candidate win the popular vote and loss the election? Why or why not?
Yes, because of the “winner take all” nature of the electoral college
Where do most of federal cases begin?
district courts
What is the next level of courts above the district courts?
appellate courts
The Supreme Court is made up of _________ and ________ Associate justices.
Chief Justice and 8 Associate Justices
Which court is at the top of the American judicial system?
Supreme Court
Who appoints the justices?
President
What is judicial review?
The right of the court to declare whether acts of the President or laws passed by Congress are constitutional
How did the framers prevent one of the branches from becoming too powerful?
they set up a system of checks and balances
What is Congress most extreme checks?
Its power to remove the President from office - impeach
Which amendment was written to help insure that the states keep powers not granted to the federal government?
10th Amendment
What are the states obligations to the citizens?
- Maintain law and order
- Enforce criminal law,
- Protect property
- Regulate business
- Supervise public education
- Provide public health
- Welfare programs
- Build and maintain highways
- Operate state parks and forests
- Regulate use of state-owed land
What part of the Constitution outlines the goals of the document?
Preamble - opening statement
