Ch. 2: The Constitution

Question 1

What was the shift in the ideas of the people during the revolution?

Answer 1

New: there are unalienable rights,

2. political legitimacy/authority comes from consent of the government (not tradition)
3. Taxation with representation

Question 2

When did the articles of confederation go into effect?

Answer 2

1781

Question 3

When was the successful constitutional convention?

Answer 3

1787, in philadelphia

Question 4

What was the problem with the articles of confederation?

Answer 4

All the national government could do was run the postal service

Question 5

What were the two prior examples the framers used to know what not to do in terms of state governments?

Answer 5

Pennsylvania: tyranny of the majority (one elected body of representatives, only legislature)
Massachusetts: Not democratic enough.. Requirements for representatives included being white, owning land, and being christian

Question 6

What was the deal with Shay’s rebellion?

Answer 6

In jan 1787, war veterans prevented a Massachusetts court from sitting using (threats) of violence. Mad because their farms were being forclosed upon

Question 7

What did John Locke think abt government/liberty?

Answer 7

In a “state of nature” people would naturally protect life, liberty, and property. However, in such a state, the strong can tyrannize the weak. Thus, people gravitate towards government to lessen this. However, the government must be checked or it to will turn tyrannical

Question 8

What was the first order of business @ the convention? Discuss problems with the articles?

Answer 8

No. The virginia delegation almost immediately presented a new concept of government.

Question 9

What was the Virginia Plan?

Answer 9

3 branches of strong national government

2. Legislative branch = 2 houses, one elected by the people, and one chosen by the first from a batch of candidates nominated by state legislatures.
3. Executive and judiciary chosen by the legislative branch
4. A small batch of judiciary and the executive would be an oversight council, which could veto legislative actions However, the president would be able to overturn this veto.

Question 10

What was the New Jersey plan?

Answer 10

They wanted each state to get one vote in congress, because they didn’t want small states (themselves) to be at a disadvantage as they would be in the Virginia plan

Question 11

What was the “Great Compromise”

Answer 11

The compromise between the new jersey and virginia plans

Question 12

Judicial Review

Answer 12

the ability of the supreme court to declare an act of congress unconstitutional; Marbury v. Madison, 1803

Question 13

How to ratify an amendment under the constitution?

Answer 13

Proposed w/ 2/3 of the vote in both houses of congress or by a convention of states called for by 2/3 of state legislatures. 3/4 of the states must ratify it, either through their legislatures or in ratifying conventions.

Question 14

Enumerated Powers

Answer 14

powers specifically given to nat gov. Ex: printing money, declaring war, making treaties

Question 15

Reserved Powers

Answer 15

powers reserved only for the states. Ex: licensing, police powers.

Question 16

Concurrent powers

Answer 16

shared by states+nat gov. Ex: collecting taxes, building courts

Question 17

How many states needed to ratify the constitution for it to become law?

Answer 17

9/13

Question 18

Which rights are protected by the constitution?

Answer 18

1. Habeas corpus (bringing someone to trial before a judge) cannot be suspended
2. No bill of attainer (law that declares someone guilty w/ out trial) can be passed
3. No post ex facto laws (laws that make something illegal when it wasn’t illegal when it was committed)
4. Trial by jury
5. Citizens in all states should have equal rights
6. No religious/test qualifications for holding office
7. No law impairing contracts could be passed by the states

Question 19

What was the deal w/ slavery and the constitution?

Answer 19

The framers didn’t really touch it because they really needed southern states to ratify it, and they wouldn’t do that unless slavery was allowed. They did say that congress would have the power to ban slavery, but only in/after 1808

Question 20

What do advocates of reduction of separation of powers say?

Answer 20

1. President and congress should be able to call special elections for each other

Question 21

What is a line item veto?

Answer 21

A veto that some people was the president to have, in which he/she could veto part of a tax/appropriations bill without vetoing the rest of it

Question 22

What was the goal of the american revolution?

Answer 22

Liberty (as opposed to equality or fraternity)

Question 23

Which amendment provides for the direct election of senators?

Answer 23

17th