Chapter 2 Flashcards

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1
Q

constitution

A

a document that sets out the fundamental principles of governance and establishes the institutions of government.

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2
Q

republic

A

A government ruled by representatives of the people.

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3
Q

Articles of Confederation and Perpetual Union

A

A governing document that created a union of thirteen sovereign states in which the states, not the national government, were supreme.

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4
Q

unicameral

A

A one-house legislature.

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5
Q

Shays’s Rebellion

A

A popular ( as in done by the people) uprising against the government of Massachusetts.

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6
Q

Why did Shays’ Rebellion happen

A

-The government set by the Articles of Confederation led states to impose high taxes on citizens to cover war debts, and many citizens could not pay these taxes. -the Articles of Confederation couldn’t provide tax cuts because they had no power over state taxation, and didn’t have the power to raise money using federal taxes, which could be used to help states pay off their war debts.

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7
Q

Constitutional Convention

A

A meeting attended by state delegates in 1787 to fix the articles of confederation.

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8
Q

The constitutional convention was called in part due to what event+why

A

Shays’ rebellion, because it revealed a key weakness of the articles of Confederation: the power of taxation.

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9
Q

What main weakness of the Articles of Confederation led to the Constitutional Convention?

A

The lack of federal taxation.

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10
Q

writ of habeas corpus

A

The right of people detained by the government to know the charges against them.

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11
Q

bills of attainder

A

When the legislature declares someone guilty without a trial.

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12
Q

ex post facto laws

A

Laws punishing people for acts that were not crimes at the time they were committed.

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13
Q

Virginia Plan

A

-three-branch government
- bicameral legislature ( (a lower house elected by the people and an upper house chosen by the lower house).)
- representation allotted to population in both houses.

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14
Q

Who favored the Virginia plan+why?

A

-southern states and states with larger populations bc they would get more representation in Congress, and this would also preserve the south’s domination over slave related legislation.

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15
Q

What is the legislative branch made up of?

A

Senate and the House of Representatives (aka congress)

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16
Q

New Jersey Plan

A

A unicameral legislature with equal votes for each state

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17
Q

Why did the New Jersey plan propose what it did?

A

It wanted to preserve the same legislature used in the Articles of Confederation

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18
Q

Who favored the New Jersey plan and why

A

Smaller states, because it disproportionately gave them power.

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19
Q

Grand Committee

A

A committee at the Constitutional Convention that worked out the compromise on representation.

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20
Q

What two key framers were on the grand committee (hint: they were federalists.)

A

Thomas Jefferson and Alexander Hamilton

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21
Q

What was the Great (Connecticut) Compromise + its terms

A

An agreement for a plan of government that drew upon both the Virginia and New Jersey Plans
- bicameral legislature
-Equal representation between states in the senate (chosen by state legislatures)
- representation apportioned based on state populations in the house of representatives (elected directly)

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22
Q

How are representatives apportioned in the electoral college?

A

According to state populations (which is the same as in the House of Representatives.)

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23
Q

bicameral

A

a two-house legislature

24
Q

Three-Fifths Compromise+signif.

A

an agreement reached by delegates at the Constitutional Convention that a slave would count as three-fifths of a person in calculating a state’s representation.
signific.:
- appeased the south by still giving them representation based on their slave populations, although they didn’t count states as being legitimate citizens.

25
Q

Compromise on Importation+signif.

A

Congress could not restrict the slave trade until 1808.
signif.:
-appeased the south and delayed conflict.

26
Q

separation of powers

A

Splits the federal governments power over three branches so one is not more powerful than another

27
Q

According to federalist 51, which branch of government is the strongest and how is this remedied?

A

-congress/the legislative branch
-One way of “remedying this inconvenience” includes making the legislature bicameral, which divides its influence into two chambers. Another way is by making both directly elected by the people. Lastly, giving each house of Congress different responsibilities limits the possibility of one chamber becoming dominant.

28
Q

What does federalist 51 talk about?

A

Checks and balances and seperation of powers

29
Q

Who wrote federalist 51?

A

James Madison

30
Q

Where is “ambition counters ambition,” from, what does it mean, and how does it apply to government?

A
  • Federalist 51
    -ambitious people want more power and want to prevent other people from taking power from them.
    -This applies to government because in the federal government, each branch is empowered not only to act independently within its own boundaries, but also to prevent other branches of government from infringing on their power, which keeps the balance of power and prevents tyranny.
    -The balance between state and federal power is also another example of this philosophy.
31
Q

checks and balances+signif.

A

A design of government in which each branch has powers that can prevent the other branches from making policy.

32
Q

federalism

A

The sharing of power between the national government and the states.

33
Q

legislative branch

A

The institution responsible for making laws.

34
Q

expressed or enumerated powers

A

Authority specifically granted to a branch of the federal government in the Constitution.

35
Q

necessary and proper or elastic clause

A

Language in Article I, Section 8, granting Congress the powers necessary to carry out its enumerated powers.

36
Q

In which court case is the necessary and proper clause applicable and why?

A

-Mcculoch versus maryland, because although the constitution doesn’t explicitly say the federal government can have a national bank, it wasn’t prohibited by the constitution, and upholds it.

37
Q

implied powers

A

authority of the federal government that goes beyond its expressed powers.

38
Q

what makes implied powers allowable (constitution)

A

the necessary and proper clause

39
Q

executive branch

A

the institution responsible for carrying out laws passed by the legislative branch.

40
Q

judicial branch

A

The institution responsible for hearing and deciding cases through the federal courts.

41
Q

supremacy clause

A

Constitutional provision declaring that the Constitution and all national laws and treaties are the supreme law of the land.

42
Q

How does the supremacy clause apply to Mcculoch v Maryland?

A

-philadelphia did not have the power to tax the national bank because of this clause

43
Q

amendment

A

The process by which changes may be made to the Constitution.

44
Q

What are the two steps that must be taken to ratify an amendment?

A

-Proposal and ratification

45
Q

how can an amendment be proposed?

A

-By congress or by states at a national convention
-it must obtain a 2/3 vote in congress at the national convention by states to become official

46
Q

how can an amendment be ratified

A

3/4 state legislations or conventions have to agree

47
Q

What are informal methods of amending the constit.?+ signif.

A

Basic Legislation

Executive Action (Executive Agreements vs. Treaties Executive Orders)

  1. Court Decisions (Judicial Review) as in obergefell v hodges
48
Q

Federalists

A

Supporters of the proposed constitution, who called for a strong national government.

49
Q

Antifederalists

A

Those opposed to the proposed constitution, who favored stronger state governments.

50
Q

Federalist Papers

A

A series of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay and published between 1787 and 1788 that lay out the theory behind the Constitution.

51
Q

Federalist No. 51

A

An essay in which Madison argues that separation of powers and federalism will prevent tyranny.

52
Q

faction

A

A group of self-interested people who use the government to get what they want, trampling the rights of others in the process.

53
Q

Brutus No. 1

A

An Antifederalist Paper arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government.

54
Q

What are the ONLY TWO WAYS an amendment can be ratified?

A

By 3/4 of STATE Legislatures:

By 3/4 STATE conventions called by state representatives in congress

55
Q

What are the ONLY TWO WAYS an amendment can be proposed?

A
  • a two-thirds vote of both houses of Congress
    A national convention called by two-thirds of the state legislatures.
56
Q

Can congress vote to ratify amendments? Why or why not?

A

No. Congress can call for state conventions, but only state legislatures have input during these conventions.
-ratifying amendments is a reserved power of the states

57
Q

What kind of power is ratifying an amendment

A

A reserved power