Chapter 1 - 1+2/6 - The history and nature of the Constitution Flashcards

1
Q

What did James Otis declare?

A

‘Taxation without representation is tyranny!’

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2
Q

When was the American War of Independence?

A

1775-1783

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3
Q

When was the Declaration of Independence signed?

A

1776

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4
Q

When were the Articles of Confederation signed?

A

March 1781

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5
Q

What did the confederation not have?

A

An executive or a judiciary.

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6
Q

When was the Philadelphia Convention held?

A

1787

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7
Q

What was the Philadelphia Convention?

A

Where 55 delegates from 12 of the 13 states met to create a new constitution.

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8
Q

Who drafted the New Jersey Plan?

A

William Patterson

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9
Q

Who drafted the Virginia Plan?

A

James Madison

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10
Q

What did the New Jersey Plan propose?

A

A congress of one chamber based on equal representation.

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11
Q

What did the Virginia Plan propose?

A

A congress of two chambers with proportional representation.

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12
Q

Who drafted the Connecticut Compromise?

A

Roger Sherman

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13
Q

What did the Connecticut Compromise propose?

A

Two chambers of congress with both proportional and equal representation.

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14
Q

When was the new constitution finished?

A

17 September 1787

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15
Q

Which article is the legislature?

A

Article I

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16
Q

Which article is the executive?

A

Article II

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17
Q

Which article is the judiciary?

A

Article III

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18
Q

Where is the supremacy clause found?

A

Article VI: ‘the supreme law of the land’

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19
Q

What are enumerated powers?

A

Powers given to the federal government under the Constitution.

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20
Q

What is the elastic clause?

A

Article I, Section 8, that allows Congress to make all laws ‘necessary and proper’.

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21
Q

Give an example of the elastic clause in action?

A

McCulloch v Maryland 1819, when the Supreme Court ruled Congress had the power to create a national bank.

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22
Q

When was the Supreme Court’s power of judicial review found?

A

Marbury v Madison 1803

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23
Q

What are the enumerated powers of the president?

A
  • Head of the executive branch.
  • Nominate officers to the executive branch.
  • Grant pardons.
  • Commander-in-chief.
  • Propose legislation.
  • Veto legislation.
24
Q

What are reserved powers?

A

Powers not delegated to the federal government that are reserved for the states or the people.

25
Q

Where can the reserved powers be found?

A

Tenth Amendment

26
Q

What are concurrent powers?

A

Powers possessed by the federal and state governments.

27
Q

What does entrenchment mean?

A

The Constitution is difficult to amend.

28
Q

What is Article V?

A

Amendment process

29
Q

What does the vagueness of the Constitution allow?

A

For it to evolve over time and adapt to an ever changing world.

30
Q

Why is the Constitution hard to amend?

A

To prevent it being changed frequently on the whim of circumstance.

31
Q

How many amendments have their been?

A

27

32
Q

How can constitutional amendments be proposed?

A
  • By 2/3 of both chambers of Congress.

- By a national constitutional convention called at the request of 2/3 of state legislatures.

33
Q

How many national constitutional conventions have been called?

A

None have ever been called, all amendments have been proposed by Congress.

34
Q

Once an amendment has been proposed, what happens next?

A

It must be ratified by 3/4 of state legislatures or state constitutional conventions.

35
Q

Have many amendments have been passed to the states for ratification?

A

33

36
Q

When was the last amendment made to the Constitution?

A

1992

37
Q

When was the Bill of Rights ratified?

A

1791

38
Q

What is the first amendment?

A

Freedom of religion, speech, the press, and assembly

39
Q

Second amendment?

A

Right to keep and bear arms

40
Q

Sixth amendment?

A

Rights of trial

41
Q

Eighth amendment?

A

Prohibition of cruel and unusual punishment

42
Q

Tenth amendment?

A

Reserved powers

43
Q

Thirteenth - Fifteenth amendment?

A

Abolition of slavery - “Neither slavery nor involuntary servitude…shall exist within the United States”

44
Q

Sixteenth amendment?

A

Allowed the federal government to impose income tax

45
Q

Seventeenth amendment?

A

Made the Senate an elected chamber

46
Q

Nineteenth amendment?

A

Gave women the right to vote

47
Q

When was the nineteenth amendment passed?

A

1920

48
Q

Twenty-Second Amendment?

A

Limited the president to two terms in office

49
Q

Twenty-First amendment?

A

Repealed the eighteenth amendment

50
Q

What are the four reason why the Constitution has rarely been amended?

A
  • Founding Fathers made it so to prevent ill-thought-out amendments.
  • Emergence of parties and polarisation.
  • Vagueness has allowed it to evolve.
  • Supreme Court’s power of judicial review, making interpretive amendments.
51
Q

How many amendments have been proposed overall?

A

Over 12,000

52
Q

What are the advantages of the amendment process?

A
  • Protects the Constitution.
  • Upholds federalism.
  • Requires broad support.
  • Prevents ill-thought-out amendments.
53
Q

What are the disadvantages of the amendment process?

A
  • Difficult to change outdated provisions.
  • Goes against majoritarian democracy.
  • Enhances the power of the unelected Supreme Court.
54
Q

When was the Equal Rights Amendment passed to the states for ratification?

A

1972

55
Q

When was a woman’s right to an abortion decided?

A

Roe v Wade 1973

56
Q

What is unique about the Sixteenth Amendment?

A

It is the only time an amendment has been passed to overturn a Supreme Court ruling.

57
Q

When was the Sixteenth Amendment passed?

A

1913