Chapter 2: The Constitution

Question 1

What is a constitution?

Answer 1

Our nation’s basic law

Question 2

What is John Locke most known for?

Answer 2

Writing the Second Treatise of Government

Question 3

What does the Second Treatise of Government talk about

Answer 3

• natural rights
• natural law
• consent of the governed
• limited government

Question 4

What are natural rights?

Answer 4

Things that exist without laws attached to them

Question 5

What is the natural law?

Answer 5

Life, liberty, and property (Thomas Jefferson changed property to pursuit of happiness)

Question 6

What is consent of the governed?

Answer 6

Majority rule

Question 7

What does Locke mean by having a limited government?

Answer 7

The people have rights, such as the freedom of religion and the right to vote

Question 8

What were some problems with the articles of confederation?

Answer 8

• no taxation (no central currency, small military that wasn’t supplied, trained, or paid)
• no elastic clause, there must be unanimous consent to change anything
• only 13 delegates
• no set currency
• crime and punishment was unequal
• states had all the power

Question 9

What was the constitutional convention?

Answer 9

This was where they tried to fix all of the problems with the Articles of Confederation and create the Constitution

Question 10

How did the Constitutional Convention deal with representation?

Answer 10

Virginia Plan: representation based on population
New Jersey Plan: equal representation
Connecticut Compromise: do both (bicameral legislature)

Question 11

How did the Constitutional Convention deal with equality and slaves?

Answer 11

They came up with the 3/5 compromise

Question 12

How did the Constitutional Convention deal with political equality?

Answer 12

They left this up to the states to decide who could vote

Question 13

What is the Madissonian Model?

Answer 13

This outlined the separation of powers (3 branches of government) and checks and balances, as well as set the standard for a republic.

Question 14

What are the responsibilities of a republic?

Answer 14

• allow for representation (majority rule)
• the majority cannot become a tyranny
• the majority must preserve the rights of the minority

Question 15

What do articles 1, 2, and 3 talk about in the Madissonian Model?

Answer 15

1-legislative branch
2-executive branch
3-judicial branch

Question 16

What were the rules of the republic that were set up in the Madissonian Model?

Answer 16

• only house of representatives can be voted on by the public
• senators are picked by state legislators (now picked by the people)
• president is picked by the electoral college
• all federal judges have to be appointed by the president, but ratified by the senate

Question 17

What do federalists believe in?

Answer 17

They support a strong federal government

Question 18

What do anti federalists believe in?

Answer 18

More power to states and individuals

Question 19

How did the federalists appease the anti federalists?

Answer 19

• writ of habeus corpus
• bill of attainder
• jury in all criminal cases
• rules for treason
• ex post facto
• no gov’t jobs could be denied based on religion

Question 20

What is the writ of habeus corpus?

Answer 20

You have to be told what you are being accused of

Question 21

What is the Bill of Attainder?

Answer 21

You cannot be declared guilty without a trial

Question 22

What is Ex Post Facto?

Answer 22

If something was once legal, but is now illegal, no one can go back and charge you for that crime

Question 23

What is the Bill of Rights?

Answer 23

The first ten amendments

Question 24

What do amendments 11-27 do?

Answer 24

They modify the original text

Question 25

How can you amend the Constitution formally?

Answer 25

• Go through Congress: get a 2/3 majority vote, and then either have 3/4 of states vote or 3/4 of state legislators vote
• National Convention: get 2/3 of states to agree and then 3/4 of states convention have to agree

Question 26

How can you amend the Constitution informally?

Answer 26

• Judicial interpretation
• Change in political practices
• Technology
• Increased demand for new policies

Question 27

What is Judicial interpretation?

Answer 27

This is how the judicial branch interprets the constitution (the elastic clause). This happens because of Marbury vs. Madison

Question 28

What does it mean to change political practices?

Answer 28

Some examples are:

• the way you receive political knowledge
• campaigning
• marriage, equality, property

Question 29

How does technology informally amend the constitution?

Answer 29

• New Deal Agencies (TVA——>new technology to build dam to get more power)
• There are new ways in which we vote

Question 30

How does increased demand for new policies informally amend the constitution?

Answer 30

An example of this is the Patriot Act after 9/11. We’ve had to change how we view our safety. Other examples are foreign affairs and NASA.