Ch 2 U.S. Constitution Flashcards

1
Q

how many amendments are in the Constitution

A

27

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2
Q

Constitution is..

A

singular document that forms current government

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3
Q

Timeline before Constitution was ratified

A
Revolt against economic oppression
1st Continental Congress: reform 
2nd: insurrection begins 
Declaration of Independence
Articles of Confederation
Constitution
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4
Q

Revolt against economic oppression

A

Tea Act leading to Boston Tea Party bc Americans feeling oppressed

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5
Q

1st Continental Congress: reform

A

Americans try to get King George more sympathetic towards their views, but King didn’t take it well

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6
Q

2nd: insurrection begins

A

complete break from British gov.

Lexington and Concord, Americans fought against British

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7
Q

Declaration of Independence: July, 1776

who pinned DOI? revolutionary? def of revolution?

A

Jefferson pinned DOI (believed powers by maker not king)
revolution-> existing ppl overpower gov, but still in American revolution-> British crown continued to exist, even came back & fought them in War of 1812 & is still standing now
America was revolutionary-> Not Accurate, war of self-determination did not destroy/replace British crown, freed ourselves from it

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8
Q

Articles of Confederation: 1781

formed what? known to be? why?

A

formed 1st gov before constitution

centrifugal=force outward, Confederation spread power outward of central power (D.C. to all states)

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9
Q

Constitution: 1788-1789

known to be? why? Con meaning?

A

(centripetal, conservative)
centripetal=moving stuff from outward to inward
took power from states & condensed it into fed. gov.
“Con” means non/negate, so AOC negating idea of federation group, were group of independent states (states had most political power)

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10
Q

Articles of Confederation

strengths? (2)

A

federal gov ability to DECLARE WAR

federal gov ability to SIGN TREATIES

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11
Q

Articles of Confederation

weaknesses? (4)

A

fed. gov had…
no uniform tax/trade code (hard for rest of world to do business w/ us)
no power to enforce law (no exec. branch)
no direct tax
no national judiciary

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12
Q

evidence of failure of Articles? (7)

A

global ridicule (called United but nothing united about it, had 13 independent states)
treaties/commerce nightmare (diff rates & measures btwn states)
Anti-elite uprisings (Shay’s rebellion, majority took over)
No servicing of national debt: foreign or domestic resulting in loss of credibility (war bonds-no $ given back)
Diminishing sense of national unity & purpose
(potentially) elevated lvl of political corruption
Interstate fighting

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13
Q

Constitutional Convention’s Primary Goals

build gov that had what (2)

A

Separation of power (no king, checks and balances, all accountable towards each other)
“republican form” (group of ppl rep. all)(plato’s cave)

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14
Q

“republican” form of gov

A
indirect (representative) democracy/legislatures
divided powers (no concentration of power in middle)
American democracy? -ensure parties can form & everyone=voting -try to follow majority rule
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15
Q

The Virginia Plan

what was it/what did it include? plan favored who?

A

sovereignty to the people (not the state)
central gov w/ 3 branches (separation of powers)
-bi-cameral (2 houses/chambers) legislative, both apportioned (representatives sent by # of state population)
-plan favored larger/more popular states
-exec. formed/elected from legislature

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16
Q

The New Jersey Plan

what was it/what did it include? plan favored who?

A

essentially revises the Articles
make fed. gov. supreme
-give Congress the power to tax
-big states @ disadvantage bc equal reps w/ small states, but have bigger population so way too much power in small states
unicameral (1 house); members to be appointed by state legislatures

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17
Q

The Conn./Great Compromise

A

bicameral legislature
lower house elected by ppl, apportioned by population
upper appointed by statehouses (same #=2)

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18
Q

What was the 3/5th compromise in the Conn. Compromise?

A

slaves aren’t citizens

every 5 slaves count as population of 3

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19
Q

U.S. Constitution

who was the ratification mostly done by? why? how did it need to be ratified?

A

most done by elites bc afraid of majority and not being unified
2/3 of states (9 at the time) needed to confirm it

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20
Q

Was the Constitution an Elite document?

A

yes

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21
Q

necessary and proper clause #17 at bottom of Article 1 for Congress (legislative believed most powerful in making laws)
clause also called what? why?
1st thing they gave power to do?

A

“elastic” clause bc gov can stretch it anyway they needed to
1st: power to tax & form national treasury bc own money @ stake and wanted money back they lent for American War

22
Q

Article 6

A

Supremacy clause (supreme law of the land, give up local sovereignty)

23
Q

Senate

is it really democratic?

A

not really democratic

elected by state legislatures, 6 yr (not by citizens)

24
Q

House

is it really democratic?

A

more democratic

elected by ppl, 2 yr

25
Q

President

is it really democratic?

A

not really democratic

elected by electoral college (state leg. choose them), 4 yr (electoral college now ppl vote)

26
Q

Judiciary

is it really democratic?

A

not democratic

appointed by president for life

27
Q

Federalists (4)

A

(in favor of fed. gov., elites w/ financial interest in Constitution)

  • Advocates younger
  • Knew both sides of argument (advantage)
  • Better networking & political maneuvering (well connected)
  • Better name (for rather than anti name)
28
Q

Antifederalists (3)

A
  • Defenders of status quo
  • Argument couched in concept of smaller, less powerful gov
  • Bad name
29
Q

Amendment process includes what ?

2 ways to change the constitution

A

2/3 statehouses call for “Constitutional Convention”

1) Proposal: either house pf Congress & propose an amendment 28 (need 2/3 approval in both houses)
2) Ratification: 3/4 of all states approve

30
Q

Is the presidents signature required on amendments?

A

no, only required for making laws

31
Q

Amendments occurred after or before the Constitution?

A

after

32
Q

16th amendment (1913)

A

created federal income tax

33
Q

17th amendment (1913)

A

made election of U.S. senators directly by ppl rather than statehouses

34
Q

18th amendment (1919)

A

prohibition

35
Q

19th amendment (1920)

A

women’s suffrage (right to vote)

36
Q

26th amendment (1971)

A

18 yr old suffrage

37
Q

27th amendment (1992)

A

congressional pay raises (give raises, not effective until 2 yrs later)

38
Q

Are articles the same as amendments?

A

no

39
Q

Article 1

A

Legislative Branch

40
Q

Article 2

A

Executive Branch

41
Q

Article 3

A

Judicial Branch

42
Q

Article 4

ex?

A

Full faith & credit (license in 1 state, follow you state to state)

  • ex) driving through states, but not hunting license
  • fugitives (still wanted for crime) find no refuge by moving from 1 state to another
  • new states… cannot create new from existing, unfair bc representation in Congress
  • all states have ‘republican’ form of gov (divided powers & representative democracy, not direct one)
43
Q

Article 5

A

Amendments

44
Q

Article 6

ex?

A

supremacy clause (fed. ultimate gov. authority & has last say w/ own discretion) (ex: Obama fed gov not stepping in on medical marijuana)

45
Q

Article 7

A
ratification requirements
(constitution itself 9/13 & amendments)
46
Q

State & U.S. Constitution

A

tells you (ppl) everything you CAN’T do (illegal)

ex: mom-state dad-federal gov.
mom: can’t smoke, drink, or stay out past 12

47
Q

Federal & U.S. Constitution

A

tells you everything they CAN do to you (legal,shorter)

ex: can go out with friends, smoke, and stay out

48
Q

State vs Federal Constitution

which is longer?

A

state- much greater perimeters
federal- sounds tolerant & liberal, but more restrictive
(fed. is shorter)

49
Q

Anti-Constructionists

who were the anti-constructionists? what did they do as anti-constructionists? what did strict constructionists believe?

A

Lincoln; Wilson, FDR, Nixon, Bush (41 & 43)

  • much more receptive to applying constitution to diff. situations
  • strict constructionists think concrete & straight forward but Constitution is not straight forward)
50
Q

Anti-Constructionists

what did they all have in common? (2)

A

responding to crises (war) in way thought best

constitution had to expand in moments of crisis to allow presidents to do extra constitutional things

51
Q

is the U.S. Constitution short? why?

A

yes because it is limited to what is all in it