Chapter 2: The Constitution Flashcards
Enlightment
Challenged governmental views
Key ideas of enlightenment
- Natural Rights
- Consent of the Governed
- Limited Governement
Declaration of Independence
Statement of separation, included Enlightenment Ideas
Cause of revolt
British raise revenues by taxing and regulating trade on colonists
The articles of confederation (weak alliance between states)
First US constitution
Flaws in Articles
- Congress was the only branch
- Congress had no power to tax, obtain money, enforce rulings, or regulate commerce
Shay’s Rebellion
- Farmers fought to close courts
- Stronger Central government needed
The Constitutional Convention
Plan to revise articles, but soon a new constitution was the focus
Connecticut (Great) Conpromise
Bicameral legislation
Issues of new constituion
1) Representation
2) do slaves count?
3) Economic
4) Personal Rights
Madison’s Model (3 Branches)
1) Separation of power (prevent abuse)
2) checks and balances (encourages compromise)
3) limits on the majority (prevent tyranny)
Ratification
- Formations of factions
- Federalists vs. Antifederalists
- Federalist Papers (written to persuade Antifederalists)
- The Bill of Rights (written to appease Antifederalists)
Changing the Constitution (formally)
- Congress can propose an amendment by a 2/3 vote in each house (used every amendment)
- National Convention can propose an amendment requested by 2/3 of states (never used)
- State Legislatures can ratify an amendment by 3/4 of states (used all but 21st amendment)
- ## State Conventions can ratify an amendment by 3/4 of states (used for 21st amendment)
Changing the constitution (informally)
- Congressional Legislation
- Executive Actions
- Judicial Review
- Political Practice
- Technology
Bill of Attainder
Punishes people without a judicial trial