Chapter 2 Flashcards

(68 cards)

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
10th Amendment
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
26
Reserved powers
10th amendment Viewed as setting outer limits on the reach of national power
27
National supremacy clause
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
28
Logrolling
Trading votes Politicians trade votes for one another’s “pet projects” (Sacrifice a vote to get something else they want)
29
Three-Fifths Compromise
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
Liberty
State of being free within society from oppressive restrictions from authority over one’s way of life, behavior, or political views
31
Antifederalist worries (about constitution)
-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
Bill of Rights
1st 10 amendments to the constitution Protects individual rights and liberties
33
Executive checks and balances
President nominates judges (exec—>jud.) President can veto congressional legislation (exec—>legis)
34
Legislative checks and balances
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
Judicial checks and balances
Court interprets laws passed by congress (jud—>legis) Court interprets it’s actions (jud—> exec
36
Necessary and proper clause
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
Rubber-stamping
Senate often provided little to no advice and cursory approval on certain shared powers
38
Impeachment
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
Power of the purse
Constitutional power of Congress to raise and spend money Congress can freeze or cut the other branches’ funding
40
Judicial review
Supreme Court’s power to strike down a law or executive branch action that it finds unconstitutional
41
Marbury v Madison
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
Trustee
Model of representation Electing representative is the same as electing a trustee (?)
43
Adams estimate: 2nd Continental Congress
Equally divided between Tories (supported British monarch), “true blue” revolutionaries, and people too scared to choose
44
Problems with Articles Of Confederation
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
Madison in Federalist 51
1st, enable government to control governed, 2nd, oblige it to control itself
46
Madison in Federalist 10
Central problem for the government is the need to control factions
47
Issues that required political compromise at the Constitutional Convention
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
1 extraordinary executive power provided by Cobstitution
The right to grant reprieves and pardons
49
_____’s exclusive powers were _____ numerous and specific than the _____ powers given to the _____.
Congress, more, limited, president
50
War powers
Intended to be shared powers but became executive dominated powers
51
Veto
Most important presidential check on congress
52
Anti federalist writings
Brutus Papers by Robert Yates Cato Papers by George Clinton
53
The Constitution is a “living document” because
- ambiguity allowing flexible interpretation - amending process - document’s designation of multiple interpreters of the Constitution
54
3 most important parts of Constitution
Executive powers clause Commerce clause Necessary and proper (elastic) clause - related to enumerated powers
55
Article V
Describes steps to change the Constitution, proposal, and ratification
56
Amendments (proposed by Congress) ratified by
State legislatures all but once State conventions once > or = 3/4
57
13th Amendment
Abolition of slavery
58
14th amendment
Equal protection of laws for all citizens
59
15th Amendment
Right to vote for blacks
60
16th amendment
Allows national income tax
61
17th amendment
Popular election of senators
62
19th amendment
Right to vote for women
63
21st amendment
Repeal of Prohibition
64
executive powers clause
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
Commerce clause
Part of Article 1, section 8 of the Constitution Gives congress the “power to regulate commerce among the several states”
66
Necessary and proper (elastic) clause
Gives Congress the power to enact laws related to enumerated powers
67
Enumerated powers
Powers explicitly given to Congress, the president, or the Supreme Court in the first three articles of the Constitution
68
Implied powers
Powers supported by the Constitution that are not stated in it (Congress’s power to create a bank)