Compass Flashcards

1
Q

Proclamation of 1763

A

The Proclamation Line of 1763 was a British-produced boundary marked in the Appalachian Mountains at the Eastern Continental Divide. Decreed on October 7, 1763, the Proclamation Line prohibited Anglo-American colonists from settling on lands acquired from the French following the French and Indian War.

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2
Q

Articles of Confederation

A

The states maintained the right to govern their residents, while the national government could declare war, coin money, and conduct foreign affairs but little else. Its inability to impose taxes, regulate commerce, or raise an army hindered its ability to defend the nation or pay its debts. Passed 1777.

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3
Q

Connecticut Compromise

A

Connecticut Compromise, also known as Great Compromise, in United States history, the compromise offered by Connecticut delegates Roger Sherman and Oliver Ellsworth during the drafting of the Constitution of the United States at the 1787 convention to solve the dispute between small and large states over representation in the new federal government. The compromise provided for a bicameral federal legislature that used a dual system of representation: the upper house would have equal representation from each state, while the lower house would have proportional representation based on a state’s population.

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4
Q

the three-fifths clause

A

Often misinterpreted to mean that African Americans as individuals are considered three-fifths of a person or that they are three-fifths of a citizen of the U.S., the three-fifths clause (Article I, Section 2, of the U.S. Constitution of 1787) in fact declared that for purposes of representation in Congress, enslaved blacks in a state would be counted as three-fifths of the number of white inhabitants of that state.

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5
Q

The Federalist Papers

A

The Federalist, commonly referred to as the Federalist Papers, is a series of 85 essays written by Alexander Hamilton, John Jay, and James Madison between October 1787 and May 1788. The essays were published anonymously, under the pen name “Publius,” in various New York state newspapers of the time.

The Federalist Papers were written and published to urge New Yorkers to ratify the proposed United States Constitution, which was drafted in Philadelphia in the summer of 1787. In lobbying for adoption of the Constitution over the existing Articles of Confederation, the essays explain particular provisions of the Constitution in detail. For this reason, and because Hamilton and Madison were each members of the Constitutional Convention, the Federalist Papers are often used today to help interpret the intentions of those drafting the Constitution.

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6
Q

The Constitution

A

The Constitution has three main functions. First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Second, it divides power between the federal government and the states. And third, it protects various individual liberties of American citizens.

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7
Q

Marbury v Madison

A

The federal courts have one power not enjoyed by courts in some other countries. They may declare a statute enacted by Congress to be in violation of the Constitution and therefore invalid. This power of judicial review was established by the Supreme Court in 1803, in the landmark case of Marbury v. Madison. If the Supreme Court declares a Congressional Statute unconstitutional, normally the only way to change this result is to use the difficult process of amending the Constitution.

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8
Q

Bill of Rights

A

1791 The first Congress of the United States approves 12 amendments to the U.S. Constitution, and sends them to the states for ratification. The amendments, known as the Bill of Rights, were designed to protect the basic rights of U.S. citizens, guaranteeing the freedom of speech, press, assembly, and exercise of religion; the right to fair legal procedure and to bear arms; and that powers not delegated to the federal government were reserved for the states and the people.

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9
Q

1st Amendment

A

Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.

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10
Q

2nd Amendment

A

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

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11
Q

3rd Amendment

A

places restrictions on the quartering of soldiers in private homes without the owner’s consent

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12
Q

4th Amendment

A

protects people from unreasonable searches and seizures by the government

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13
Q

5th Amendment

A

In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination. It also requires that “due process of law” be part of any proceeding that denies a citizen “life, liberty or property” and requires the government to compensate citizens when it takes private property for public use.

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14
Q

6th Amendment

A

guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you

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15
Q

8th Amendment

A

Most often mentioned in the context of the death penalty, the Eighth Amendment prohibits cruel and unusual punishments, but also mentions “excessive fines” and bail. The “excessive fines” clause surfaces (among other places) in cases of civil and criminal forfeiture, for example when property is seized during a drug raid.

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16
Q

10th Amendment

A

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

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17
Q

11th Amendment

A

prevented suits against states by citizens of other states or by citizens or subjects of foreign jurisdictions (1795)

18
Q

12th amendment

A

provided for separate Electoral College votes for President and Vice President, correcting weaknesses in the earlier electoral system which were responsible for the controversial Presidential Election of 1800. (1804)

19
Q

13th Amendment

A

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States (1865)

20
Q

14th Amendment

A

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. (1868)

21
Q

15th Amendment

A

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude. (1870)

22
Q

16th Amendment

A

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. (1913)

23
Q

17th Amendment

A

established the direct election of United States senators in each state (1913)

24
Q

18th Amendment

A

prohibited the “manufacture, sale, or transportation of intoxicating liquors (1919)

25
Q

19th Amendment

A

guarantees American women the right to vote (1920)

26
Q

20th Amendment

A

reduced the presidential transition and the “lame duck” period (1933)

27
Q

21st Amendment

A

repealing the 18th Amendment (1933)

28
Q

22nd Amendment

A

No person shall be elected to the office of the President more than twice (1951)

29
Q

23rd Amendment

A

permitted citizens of Washington, D.C., the right to choose electors in presidential elections (1961)

30
Q

24th Amendment

A

prohibiting any poll tax in elections for federal officials (1964)

31
Q

25th Amendment

A

a legal mechanism for designating a head of state when the president is disabled or dead (1967)

32
Q

26th Amendment

A

lowering the voting age for all elections to 18 (1971)

33
Q

27th Amendment

A

prohibits any law that increases or decreases the salary of members of Congress from taking effect until the start of the next set of terms of office for representatives

34
Q

Concurrant Powers

A

An important feature of the compound republic is the idea of concurrent powers. Concurrent powers are those exercised independently in the same field of legislation by both federal and state governments, as in the case of the power to tax or to make bankruptcy laws.

35
Q

Supremacy Clause

A

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

36
Q

Article 1 Section 8

A

Article I, Section 8, specifies the powers of Congress in great detail. These powers are limited to those listed and those that are “necessary and proper” to carry them out. All other lawmaking powers are left to the states.

37
Q

McCulloch v. Maryland

A

This case, decided by the Supreme Court in 1819, asserted national supremacy vis-Ã-vis state action in areas of constitutionally granted authority.

Incorporating Alexander Hamilton’s doctrine of ‘broad construction’ of the Constitution, Marshall wrote, ‘Let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, … which are not prohibited, … are constitutional.’

38
Q

Gibbons v. Ogden

A

(1824), U.S. Supreme Court case establishing the principle that states cannot, by legislative enactment, interfere with the power of Congress to regulate commerce.

39
Q

Dred Scott Case

A

legal case in which the U.S. Supreme Court on March 6, 1857, ruled (7–2) that a slave (Dred Scott) who had resided in a free state and territory (where slavery was prohibited) was not thereby entitled to his freedom; that African Americans were not and could never be citizens of the United States; and that the Missouri Compromise (1820), which had declared free all territories west of Missouri and north of latitude 36°30′, was unconstitutional. The decision added fuel to the sectional controversy and pushed the country closer to civil war.

40
Q

Dual federalism

A

As a theory, dual federalism holds that the federal and state governments both have power over individuals but that power is limited to separate and distinct spheres of authority, and each government is neither subordinate to nor liable to be deprived of its authority by the other. A government organized according to the theory of dual federalism is often compared to a layer cake where each layer represents a different level of government and the powers, responsibilities, and resources of each layer remain separate and distinct from the others.

41
Q

Cooperative Federalism

A

Cooperative federalism is a model of intergovernmental relations that recognizes the overlapping functions of the national and state governments.