Chapter 2 - Constructing a Government: The Founding and the Constitution Flashcards
What was the Commerce Clause?
It gave the government the right to discuss commerce treaties with other countries.
What was the Great Compromise?
An agreement reached at the Constitutional Convention of 1787 that gave each state an equal number of senators regardless of its population but linked representation in the House of Representatives to population.
What was the Three-Fifth Compromise?
An agreement reached at the Constitutional Convention of 1787 stipulating that for purposes of the apportionment of congressional seats, every slave would be counted as three-fifths of a person.
What is bicameralism?
The division of a legislative assembly into two chambers or houses. (House and Senate that make up Congress)
What was the Supremacy Clause?
A clause of Article VI of the Constitution that states that all laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any subdivision.
What is separation of powers?
The division of governmental power among several institutions that must cooperate in decision making.
What is federalism?
The system of government in which a constitution divides power between a central government and regional governments.
What are checks and balances?
The mechanisms through which each branch of government is able to participate in and influence the activities of other branches.
What is the Bill of Rights?
The first 10 amendments to the US Constitution, adopted in 1791. The Bill of Rights ensures certain rights and liberties to the people.
What was the First Founding?
The first government of the colonies - period under British rule.
What were the conflicts in the colonies leading up to the Revolutionary War?
- Large States vs Small States
- North vs South states - different beliefs over the economy and slavery.
- Federalists vs Anti-Federalists – different beliefs in how much power the federal government and states should have
Who were the colonial elite?
- New England Merchants,
- Southern Plantation Owners
- Royalists
Who were the radical groups?
- Shopkeepers, Artisans, and Laborers
2. Small farmers
What were the main conflicts between the colonial elite and the radical groups?
- Taxation
- Trade
- Commerce
What did the British do to increase colonial taxes? What did this result in?
Sugar Act (1764) Stamp Act (1765)
- Taxes split colonial elite: merchants and Planters against Royalists
- Merchants and Planters engage in collective action to organize opposition to new taxes
What was the Sugar Act?
Sugar Act (1764) Taxed sugar, molasses, and other commodities, which heavily affected merchants and southern planters as they relied on those commodities.
What was the Stamp Act?
Stamp Act (1765) Required colonials to pay tax on every piece of printed paper they used. (e.g. ship papers, licenses, cards, etc)
When was the Continental Congress and what was it?
1774-1781
First Congress pre-independence.
Council of independent state governments.
Central government for the Revolutionary war.
Issued Declaration of Independence.
When were the Articles of Confederation and what were they?
1777-1789
- Created the first Constitution.
- States had most power - decentralized government.
- Congress is only a national institution - states enforce national laws.
- State had one vote in Congress - chosen by state legislature.
- No executive or judiciary
- Articles could only be amended with unanimous votes.
How did the Constitution attempt to solve problems of the AoC?
Created a central government - designated clear powers to individual institutions.
The Constitution: Article 1
Created the Legislative Branch
- Longest part of Constitution
- Enumerates powers of Congress
- Doctrine of expressed powers - any powers not listed aren’t granted at all to Congress. No new powers can be seized without an amendment.
- Necessary and Proper Clause - enumerates powers and provides Congress with the authority to make all laws “necessary and proper” to carry them out.
The Constitution: Article 2
Created the Executive Branch
Framers hoped to create a presidency that would make the federal government (rather than the states) the agency capable of timely and decisive action to deal with public issues and problems.
The Constitution: Article 3
Created the Judiciary Branch
- SCOTUS rulings are superior to laws adopted by the states. As the Court is SUPREME.
- Supremacy Clause - All laws passed by the national government and all treaties are superior to all laws adopted by any state.
- No mention of judicial review - scholars say it’s implicit. Judicial review = the power of the courts to declare actions of the legislative executive branches invalid or unconstitutional.
The Constitution: Article 4
The states
- States are prohibited from discriminating against citizens of other states in favor of their own.
- State laws are superseded by “the law of the land”
