Chapter 4 - United States Constitution Flashcards
Reconstruction Ammendments
13th,14th,15th
Judicial Interpretation
Marburg vs Madison 1803
Changing the constitution
Article 5
Ratification
Article 7
Opposed ratification of constitution
Anti-Federalists
Supporters of the constitution
Federalists
Undemocratic features
- Did not guarantee the right to vote
- Denial of equal treatment by their government
- Did not forbid slavery
- Denial of political participation to some
Checks and balances helped prevent
concentration of power
What are checks and balances?
each branch has power over others, allows each branch to intrude into the spheres of others
Senators
- 6 year terms; 1/3 up for re-election every 2 years
- Senate was a conservative break on the house
Separation of powers
- the power to make, enforce, and interpret the laws was split into 3 separate and coequal branches
Federalism
division of power between the national government and state government
Fear of
Tyranny
3/5’s compromise, the results
- expanded the political power of slaveholders
- impact on elections through the electoral college by the fact that 9/15 presidents were slave owners
institutionalizes slavery in America
3/5’s compromise, the solution
delegates agreed that 3/5’s of the slaves would be counted in apportioning the seats in the House of Representatives AND for taxes
3/5s compromise, the problem
- southern states wanted them to count fully in the calculus of representation
- northern states did not want slaves to count, but did want them taxed as property
The Great Compromise
- Bicameral Legislative
- House of Representatives
a. representation based on population
b. members elected by voters
c. serve 2 year terms - Senate
a. representation would be by the state (equal 2)
b. members would be selected by state legislature
c. served by 6 year terms
The greatest issue confronting the convention was the issue of _______?
Apportionment; the proportional distribution of the seats in a legislative body
Small States plan
New Jersey Plan; legislature would consist of one house, with each state having one vote each
Big States plan
Virginia Plan; 2 houses, representation in both based on population
Great Diversity of Opinion, Agreement that the government should be a_______?
Republic
Founders Goal was simple
- create a government that was strong enough to prevent Anarchy
- Yet not too strong to cause tyranny
John Locke outlined 3 concepts in the second treatise of government
1) Social contract
2) Limited government
3) consent of the governed
On May 25th, 2 things were voted on
- the discussions and votes would be kept secret until the conclusion on the meeting
- george washington was unanimously elected president of the convention
Elites:
bankers, manufacturers, and merchants. needed uniform laws, stable currency, sound credit
Articles weakness
no executive
Articles of Confederation
“league of friendship”
Summarizes the fundamental principles of American Self Government
Preamble