Chapter 2 Flashcards

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1
Q

Tea Party

A

movement within the Republican Party
sees expansion of federal power as constitutional overreach

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2
Q

Articles of Confederation

A

1st try at new American government
sent to states for ratification in 1777
eventually decided that they restricted national government too much and were replaced by the Constitution (after Revolutionary War)

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3
Q

Limited Government

A

political system where the powers of the government are restricted to prevent tyranny by protecting property and individual rights

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4
Q

Shay’s Rebellion

A

Uprising of approximately 4,000 men in Massachusetts in 1786 and 87 to protest oppressive laws and gain payment of war debts
Unrest from this prompted calls for new Constitution

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5
Q

Monarchy

A

form of government where power is held by one person, the monarch, that comes to power through inheritance instead of election

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6
Q

3 key principles for new Constitution

A
  1. popular control of government through republican democracy
  2. rejection of the monarchy
  3. limitations on government power to protect individual rights and personal property
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7
Q

Republicanism

A

the belief that a form of government where elected leaders represent the interests of the people is the best form of government

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8
Q

Common Sense

A

by Thomas Paine
endorsed revolutionary principles in line with the framers’s

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9
Q

“consent of the governed”

A

the idea that the government gets its legitimacy through regional elections where people living under that government participate to elect their leaders

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10
Q

Natural rights

A

aka “unalienable rights”
Declaration of Independence defines as “life, liberty, and the pursuit of happiness,” founders believed that upholding these rights should be the government’s central purpose

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11
Q

Implicit trade

A

people consenting to be governed if the state protects their rights

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12
Q

Social contract

A

devised by political philosophers of the 18th century that defined the legitimacy of the state
implicit trade

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13
Q

Hobbes

A

government necessary, but only a monarchy can avoid warring factions

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14
Q

Locke

A

more democratic
consent of the governed for legitimacy

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15
Q

Montesquieu

A

no 2, let alone 3, functions of the government should be controlled by 1 branch, but each branch should be able to check the excesses of the others

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16
Q

Federalists

A

those at the Constitutional convention that favored a strong national government and system of separated powers

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17
Q

Anti-Federalists

A

those at the Constitutional convention that favored strong state governments and feared that a strong national government would be a threat to individual rights

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18
Q

Pluralism

A

The idea that having a variety of parties and interests within a government will strengthen the system, ensuring that no group has total control

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19
Q

Virginia Plan

A

Plan proposed by large states during the Constitutional convention that based representation in the national legislature on population, also had a variety of proposals to strengthen the national government

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20
Q

New Jersey Plan

A

Response to the Virginia Plan
Smaller states proposed that each state should get equal representation in the national legislature, regardless of size

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21
Q

Great Compromise

A

Compromise between large and small states, proposed by Connecticut, where congress has 2 houses: the Senate with 2 legislators per state and the House of Representatives where each state’s representation is based on population

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22
Q

Parliamentary System

A

System of government where legislative and executive power are closely joined
Legislative (parliament) chooses chief executive (prime minister) who forms a cabinet from members of parliament

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23
Q

“Prerogative powers”

A

More flexible leadership powers, generally for the executive branch

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24
Q

Madison’s “double protections”**

A

System of federalism and competing factions (?)

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25
Q

10th Amendment

A

Powers not delegated to the United States by the Constitution, not prohibited by it to the states, are reserved to the states respectively, or to the people

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26
Q

Reserved powers

A

10th amendment
Viewed as setting outer limits on the reach of national power

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27
Q

National supremacy clause

A

Part of Article VI, section 2, of the Constitution
States that the constitution, led, and treaties of the United States are the “supreme law of the land”
National laws take precedent over state laws if the two conflict

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28
Q

Logrolling

A

Trading votes
Politicians trade votes for one another’s “pet projects”
(Sacrifice a vote to get something else they want)

29
Q

Three-Fifths Compromise

A

States’ decision during the constitutional convention to count each slave as 3/5 of a person in the state’s population for the purposes of determining the number of House members and the distribution of taxes

30
Q

Liberty

A

State of being free within society from oppressive restrictions from authority over one’s way of life, behavior, or political views

31
Q

Antifederalist worries (about constitution)

A

-role of the president
-transfer of power from states to national government
-lack of specific guarantees of civil liberties
-national government could become tyrannical

32
Q

Bill of Rights

A

1st 10 amendments to the constitution
Protects individual rights and liberties

33
Q

Executive checks and balances

A

President nominates judges (exec—>jud.)
President can veto congressional legislation (exec—>legis)

34
Q

Legislative checks and balances

A

Senate confirms presidents judicial nominations, congress can impeach and remove judges from office (legis—>jud)
Senate approves presidential nominations and congress can pass laws over the presidents veto (legis—>exec)

35
Q

Judicial checks and balances

A

Court interprets laws passed by congress (jud—>legis)
Court interprets it’s actions (jud—> exec

36
Q

Necessary and proper clause

A

Part of Article I, section 8 of the Constitution
Grants congress the power to pass all laws related to its expressed powers
Aka elastic clause

37
Q

Rubber-stamping

A

Senate often provided little to no advice and cursory approval on certain shared powers

38
Q

Impeachment

A

Negative or checking power over the other branches that lets Congress remove the president, Vice President, or other “officers of the United States” for abuses of power

39
Q

Power of the purse

A

Constitutional power of Congress to raise and spend money
Congress can freeze or cut the other branches’ funding

40
Q

Judicial review

A

Supreme Court’s power to strike down a law or executive branch action that it finds unconstitutional

41
Q

Marbury v Madison

A

1803 case where the Supreme Court for the 1st time declared part of a congressional law as unconstitutional
Helped establish the court as an equal play in the checks and balances system

42
Q

Trustee

A

Model of representation
Electing representative is the same as electing a trustee (?)

43
Q

Adams estimate: 2nd Continental Congress

A

Equally divided between Tories (supported British monarch), “true blue” revolutionaries, and people too scared to choose

44
Q

Problems with Articles Of Confederation

A

Congress couldn’t enforce rules, it didn’t include a president, legal matters were left to the states, states could veto Article changes, states maintained autonomy, each state could coin its own currency, etc.

45
Q

Madison in Federalist 51

A

1st, enable government to control governed, 2nd, oblige it to control itself

46
Q

Madison in Federalist 10

A

Central problem for the government is the need to control factions

47
Q

Issues that required political compromise at the Constitutional Convention

A

Majority rule vs minority rights
Large states vs small states
Legislative power vs executive power (and how to elect the executive)
National power vs state and local power
Slave states vs no slave states

48
Q

1 extraordinary executive power provided by Cobstitution

A

The right to grant reprieves and pardons

49
Q

_____’s exclusive powers were _____ numerous and specific than the _____ powers given to the _____.

A

Congress, more, limited, president

50
Q

War powers

A

Intended to be shared powers but became executive dominated powers

51
Q

Veto

A

Most important presidential check on congress

52
Q

Anti federalist writings

A

Brutus Papers by Robert Yates
Cato Papers by George Clinton

53
Q

The Constitution is a “living document” because

A
  • ambiguity allowing flexible interpretation
  • amending process
  • document’s designation of multiple interpreters of the Constitution
54
Q

3 most important parts of Constitution

A

Executive powers clause
Commerce clause
Necessary and proper (elastic) clause - related to enumerated powers

55
Q

Article V

A

Describes steps to change the Constitution, proposal, and ratification

56
Q

Amendments (proposed by Congress) ratified by

A

State legislatures all but once
State conventions once
> or = 3/4

57
Q

13th Amendment

A

Abolition of slavery

58
Q

14th amendment

A

Equal protection of laws for all citizens

59
Q

15th Amendment

A

Right to vote for blacks

60
Q

16th amendment

A

Allows national income tax

61
Q

17th amendment

A

Popular election of senators

62
Q

19th amendment

A

Right to vote for women

63
Q

21st amendment

A

Repeal of Prohibition

64
Q

executive powers clause

A

Part of Article 2, section 1 of the Constitution
The executive power shall be invested in the president of the United States
Used to justify assertions of presidential power

65
Q

Commerce clause

A

Part of Article 1, section 8 of the Constitution
Gives congress the “power to regulate commerce among the several states”

66
Q

Necessary and proper (elastic) clause

A

Gives Congress the power to enact laws related to enumerated powers

67
Q

Enumerated powers

A

Powers explicitly given to Congress, the president, or the Supreme Court in the first three articles of the Constitution

68
Q

Implied powers

A

Powers supported by the Constitution that are not stated in it
(Congress’s power to create a bank)