Constition REVIEW Flashcards

1
Q

Powers of the AOC

A
  • Adopted in 1777 by Congress
  • 1st system of government
  • Established a weak federal government; no national executive/judiciary power
  • Each state has a delegation known as Congress
  • Congress had the power to declare war, sign treaties, and raise armies
  • Congress had no permanent home
  • Approval and amending articles require an ominous consent from 13 states
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2
Q

Weaknesses of the AOC

A
  • One vote per state, regardless of population/wealth (equal NOT EQUITABLE, wanted EQUITY)
  • No power or tax
  • No power to regulate trade
  • No national court system
  • Lack of power to enforce articles
    *A 9/13 majority needed to pass laws
  • Refused to meet financial requests of Congress
  • Made agreements with foreign governments without Congressional approval
  • Organized their own military forces
  • Taxed or banned goods from other states
  • Printed their own money, without backing
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3
Q

Successes of the AOC

A
  • Land Ordinance of 1785 arranged land into townships
  • 1787: Congress passed the Northwest Ordinance → new Northwest Territory
    sets up the procedure for how an area becomes a state
  • Guaranteed freedom of religion, property rights, and BANNED slavery
  • South Carolina: doesn’t agree b/c they want slavery
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4
Q

Shay’s Rebellion

A
  • Massachusetts RAISED TAXES rather than issue paper
  • Poor farmers could NOT pay their debts and faced the loss of their farms
  • 1786: Daniel Shays and 1200 farmers shutdown country courthouses to prevent foreclosures
    this stopped their foreclosures from being issued → saved their livelihood
  • The government hired troops to stop the rebellion
  • Problems: Government using money their don’t have and government has to personally hire troops(no police); they don’t have a police force no militia to call for help.
  • Merchants and artisans began to argue for a stronger central government
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5
Q

Constitutional Convention

A
  • 1787: Delegates met in Philadelphia to revise the AOC at the Convention
  • Framers of the Constitution: States decided the size of their own delegation
  • Rhode Island DID NOT attend (Thomas Jefferson, Patrick Henry, and John Adams DIDN’T ATTEND)
  • Washington unanimously voted as chairperson
  • Meetings kept secret from the public
  • Lasts 4 years
  • Issues discussed: Slavery and slave trade? Representation? Revise AOC or start over?
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6
Q

Framers

A

The 55 delegates at the Constitutional Convention for the Constitution

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7
Q

Branches of Government

A

Legislative
Executive
Judicial

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8
Q

Article 1

A

Creates the legislative branch

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9
Q

Article 2

A

Creates the executive branch

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10
Q

Article 3

A

Creates the judicial branch

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11
Q

Virginia Plan

A
  • Said the number of representatives for each state would reflect that state’s population: equitable
  • Proposed eliminating the AOC and creating a new national government
  • Proposed that the legislature be divided into two houses and the voters in each state elect the member of the first house
  • House of Representatives
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12
Q

New Jersey Plan

A
  • Said that Congress would have a single house in which each state was equally represented - equal NOT equitable
  • Did not abandon AOC but modified them to make a stronger central government
  • Opposed representation based on the population of the state
  • The Senate
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13
Q

House of Representatives

A
  • Based on population
  • 435 congressmen
  • Term of 2 years
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14
Q

The Senate

A
  • 100 senators
  • Terms of 6 years
  • No limit for how many terms they can serve
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15
Q

NJ Representatives

A
  • Frank Pallone
  • Christopher Smith
  • Andrew Kim
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16
Q

NJ Senators

A
  • Cory Booker
  • Robert Menendez
17
Q

Electoral College

A

Votes based on # of Representatives and Senators per state

18
Q

3/5 Compromise

A
  • Every 5 enslaved people would count as 3 free people for determining representation and taxes
  • Increases southern political power in HOR and electoral college in exchange for higher southern taxes
  • In 12 of the first 16 presidential elections, a southern slave owner won
19
Q

The Great Compromise

A
  • Proposed a two house legislature consisting of two houses
  • House of Reps : based on population
  • The Senate: equal representation between states
  • Southern states also want constitutional guarantee that the estates would return escaped slaves(Fugitive Slave Clause)
  • Northerners must bring slave runaways back to the Southerners
20
Q

The Amendment Process

A
  • Must be proposed by ⅔ of both houses of Congress(⅔ of 535)
  • Has to be ratified by ¾ of the states to be approved
  • Everyone had to agree on the amendments
21
Q

Federalism

A

Our government operates with a dual system of both state and national government
EX. the Amendment process(congress → states)

22
Q

Judicial Review

A
  • Established by Marbury vs. Madison
  • Supreme court’s ability to decide constitutionality of law
    EX. unconstitutional/constitutional of segregation
23
Q

Marbury v. Madison (1803)

A
  • Said Congress was unconstitutional
  • Established judicial review
  • Expanded the Power of the Supreme Court by establishing the right to overturn acts of Congress
24
Q

Checks and balances

A

Legislative branch
* ✓ on Jud. branch → Creates lower federal courts, can impeach/remove judges
* ✓ on Exc. branch → Can override presidential veto, ratifies treaties
Executive branch
* ✓ on Leg. branch → Can propose laws, can veto laws
* ✓ on Jud. branch → Appoints federal judges, can grant pardons to federal offenders
Judicial branch
* ✓ on Leg. branch → Can declare acts of Congress unconstitutional
* ✓ on Exc. branch → Can declare executive actions unconstitutional

25
Q

Limited Government

A

The government only has the powers the people give it.
EX. the government can’t tell us what clothes to wear or what pictures to hang in our homes

26
Q

Popular Sovereignty

A

Power derives from consent of the government
EX. voting

27
Q

Separation of Powers

A
  • 3 branches with separate and distinct powers, framework of LIMITED GOVERN.
  • The Legislative, executive, and judicial branches