Ch. 2 - Constitution & the founding Flashcards
what are the 85 articles that Alexander Hamilton, James Madison, and John Jay called?
The Federalist Papers
what were some tensions at the constitutional convention?
slave states vs nonslave states, large states vs small states, and
national powers
what are Antifederalists?
the national government would gain too much power, against ratification of the constitution, an “unbalanced” constitution
what is the bill of rights?
set of amendments to the Constitution after ratification for individual liberties
define the Virginia Plan (large)
favored those states with “more population” for stronger national government, which suffered under the Articles of Confederation…. created the House of Representatives
Define the New Jersey Plan (small)
Called for “equal representation” for all states, one vote per state under the Articles of Confederation…. created the Senate
what is the Great Compromise?
Compromised between small and large states…. proposed by Connecticut, between the Virginia Plan and the New Jersey Plan
what court case made the Constitution do an important check on it in the 1800s?
Marbury v. Madison (judicial review)
what is a reserved power?
The 10th Amendment says that powers are not given to the government by the Constitution, reserved to the state or the people
what is the Electoral College made of?
The compromise between the legislative & executive powers…. delegates who wanted popular votes and delegates who wanted the legislature to pick
How many of the original 13 states were required to ratify the Constitution for it to go into effect in 1788?
9…… under the Articles of Confederation all 13 had to consent
what is pluralism?
Having a variety of parties and interests will strengthen the government so no group gains too much control
what are federalists?
favored the Constitution as is, and shared power with a strong central government, pro-ratification, critical to democracy
what was the point of the Federalist Papers?
To dispel the fear of a monarchy and to defend the Constitution (W/O)
steps to amend the Constitution
Congress proposes amendment by 2/3 vote, then by at least 3/4 of the state legislature
what was the 3/5 Compromise?
Kept slave states from leaving the new union
what was the supremacy clause?
if laws conflicted between levels of government the national laws were supreme, national vs state power
what is the commerce clause?
Allows Congress to write legislation in policy areas it traditionally had not been able to address
what is the executive clause?
ambiguity so presidents can expand powers
what is the necessary and proper (elastic) clause?
Congress has the power to pass all laws related to its expressed (enumerated) power, Article I
what are enumerated powers?
Granted powers to Congress, President, and the Supreme Court in the first 3 articles
how did the Shays’s Rebellion lead to the drafting of the Consitution?
Under the Articles of Confederation, leaders could not build a political system that addressed sovereignty, coining money, and taxing power.
Thomas Paine’s “Common Sense” advocates for?
Republicanism (elected leaders represent the people’s interest)
What were John Locke’s ideas for government?
Natural rights and consent of the governed is where government legitimacy comes from
What were Thomas Hobbes’s ideas for government?
Life is “nasty, brutish, and short” and government is necessary to prevent anarchy
What were Baron de Montesquieu’s ideas for government?
Functions of government should be spread across branches (did not say “separate powers”)
What is popular sovereignty?
government derives legitimacy from the people like leaders are regularly elected and held responsible for their decisions
what is fedarlist # 10?
about factions and how to dispel it
what is federalist # 51?
about checks & balance and federalism which aligned with james madison’s views
bill of rights where ratified when?
1791
The order to pass a new bill that Congress agrees with but not the president or the judicial
- Congress passes the Bill
- Goes to president for possible veto
- congress overrides veto
- the supreme court finds law unconstit.
what are negative powers?
powers that restrict government actions and protect individual rights
