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
President | is it really democratic?
not really democratic | elected by electoral college (state leg. choose them), 4 yr (electoral college now ppl vote)
26
Judiciary | is it really democratic?
not democratic | appointed by president for life
27
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)
28
Antifederalists (3)
- Defenders of status quo - Argument couched in concept of smaller, less powerful gov - Bad name
29
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
30
Is the presidents signature required on amendments?
no, only required for making laws
31
Amendments occurred after or before the Constitution?
after
32
16th amendment (1913)
created federal income tax
33
17th amendment (1913)
made election of U.S. senators directly by ppl rather than statehouses
34
18th amendment (1919)
prohibition
35
19th amendment (1920)
women's suffrage (right to vote)
36
26th amendment (1971)
18 yr old suffrage
37
27th amendment (1992)
congressional pay raises (give raises, not effective until 2 yrs later)
38
Are articles the same as amendments?
no
39
Article 1
Legislative Branch
40
Article 2
Executive Branch
41
Article 3
Judicial Branch
42
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)
43
Article 5
Amendments
44
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)
45
Article 7
``` ratification requirements (constitution itself 9/13 & amendments) ```
46
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
47
Federal & U.S. Constitution
tells you everything they CAN do to you (legal,shorter) | ex: can go out with friends, smoke, and stay out
48
State vs Federal Constitution | which is longer?
state- much greater perimeters federal- sounds tolerant & liberal, but more restrictive (fed. is shorter)
49
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)
50
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
51
is the U.S. Constitution short? why?
yes because it is limited to what is all in it