Ch 2 U.S. Constitution Flashcards
how many amendments are in the Constitution
27
Constitution is..
singular document that forms current government
Timeline before Constitution was ratified
Revolt against economic oppression 1st Continental Congress: reform 2nd: insurrection begins Declaration of Independence Articles of Confederation Constitution
Revolt against economic oppression
Tea Act leading to Boston Tea Party bc Americans feeling oppressed
1st Continental Congress: reform
Americans try to get King George more sympathetic towards their views, but King didn’t take it well
2nd: insurrection begins
complete break from British gov.
Lexington and Concord, Americans fought against British
Declaration of Independence: July, 1776
who pinned DOI? revolutionary? def of revolution?
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
Articles of Confederation: 1781
formed what? known to be? why?
formed 1st gov before constitution
centrifugal=force outward, Confederation spread power outward of central power (D.C. to all states)
Constitution: 1788-1789
known to be? why? Con meaning?
(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)
Articles of Confederation
strengths? (2)
federal gov ability to DECLARE WAR
federal gov ability to SIGN TREATIES
Articles of Confederation
weaknesses? (4)
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
evidence of failure of Articles? (7)
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
Constitutional Convention’s Primary Goals
build gov that had what (2)
Separation of power (no king, checks and balances, all accountable towards each other)
“republican form” (group of ppl rep. all)(plato’s cave)
“republican” form of gov
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
The Virginia Plan
what was it/what did it include? plan favored who?
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
The New Jersey Plan
what was it/what did it include? plan favored who?
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
The Conn./Great Compromise
bicameral legislature
lower house elected by ppl, apportioned by population
upper appointed by statehouses (same #=2)
What was the 3/5th compromise in the Conn. Compromise?
slaves aren’t citizens
every 5 slaves count as population of 3
U.S. Constitution
who was the ratification mostly done by? why? how did it need to be ratified?
most done by elites bc afraid of majority and not being unified
2/3 of states (9 at the time) needed to confirm it
Was the Constitution an Elite document?
yes
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?
“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
Article 6
Supremacy clause (supreme law of the land, give up local sovereignty)
Senate
is it really democratic?
not really democratic
elected by state legislatures, 6 yr (not by citizens)
House
is it really democratic?
more democratic
elected by ppl, 2 yr
President
is it really democratic?
not really democratic
elected by electoral college (state leg. choose them), 4 yr (electoral college now ppl vote)
Judiciary
is it really democratic?
not democratic
appointed by president for life
Federalists (4)
(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)
Antifederalists (3)
- Defenders of status quo
- Argument couched in concept of smaller, less powerful gov
- Bad name
Amendment process includes what ?
2 ways to change the constitution
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
Is the presidents signature required on amendments?
no, only required for making laws
Amendments occurred after or before the Constitution?
after
16th amendment (1913)
created federal income tax
17th amendment (1913)
made election of U.S. senators directly by ppl rather than statehouses
18th amendment (1919)
prohibition
19th amendment (1920)
women’s suffrage (right to vote)
26th amendment (1971)
18 yr old suffrage
27th amendment (1992)
congressional pay raises (give raises, not effective until 2 yrs later)
Are articles the same as amendments?
no
Article 1
Legislative Branch
Article 2
Executive Branch
Article 3
Judicial Branch
Article 4
ex?
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)
Article 5
Amendments
Article 6
ex?
supremacy clause (fed. ultimate gov. authority & has last say w/ own discretion) (ex: Obama fed gov not stepping in on medical marijuana)
Article 7
ratification requirements (constitution itself 9/13 & amendments)
State & U.S. Constitution
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
Federal & U.S. Constitution
tells you everything they CAN do to you (legal,shorter)
ex: can go out with friends, smoke, and stay out
State vs Federal Constitution
which is longer?
state- much greater perimeters
federal- sounds tolerant & liberal, but more restrictive
(fed. is shorter)
Anti-Constructionists
who were the anti-constructionists? what did they do as anti-constructionists? what did strict constructionists believe?
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)
Anti-Constructionists
what did they all have in common? (2)
responding to crises (war) in way thought best
constitution had to expand in moments of crisis to allow presidents to do extra constitutional things
is the U.S. Constitution short? why?
yes because it is limited to what is all in it
