Constitution Flashcards

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1
Q

Articles of Confederation

A

America’s first written constitution, served as basis of national government until 1789

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2
Q

Three-Fifths compromise

A

At the Constitutional Convention of 1787 that stipulated that for purposes of the apportionment of congressional seats only three fifths of slaves would be counted

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3
Q

The Great Compromise

A

Gave each state an equal number of senators regardless of its population, but linked representation in the House of Representatives to population.

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4
Q

Virginia Plan

A

Edmund Randolph, that called for representation in the national legislature based on the population of each state

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5
Q

New Jersey Plan

A

William Paterson, that called for equal state representation in the national legislature regardless of population

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6
Q

Political Theories

A

Humans are self interested(Thomas Hobbes)
Natural Rights: Life, Liberty and the Pursuit of Happiness
Consent of the Governed(John Locke) : People giving their consent to a government to rule over them. We elect our representatives.

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7
Q

Bill of Rights

A

First Ten Amendments, ratified in 1791

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8
Q

Federalists

A

Those who favored a strong national government and supported the constitution proposed at the constitutional convention of 1787

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9
Q

Anti-Federalists

A

Those who favored a strong state government and a weak national government.

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10
Q

Article I

A

Provides a Congress consisting of the House and the Senate(Legislative Branch)

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11
Q

Article ll

A

Establishment of the Presidency(Executive Branch) which carries out and enforces federal laws,

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12
Q

Article lll

A

Supreme Court (Judicial Branch)

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13
Q

What were the weaknesses of the Articles of Confederation?

A

There was no judicial branch or president.Congress had little power over the states and could not force them to pay taxes, regulate trade, or maintain an army.

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14
Q

Majority rule vs Minority rights

A

A self-interested majority could very easily trample minority rights, but if too many small, self-interested groups were protected by the government, the power of the democracy would be undermined.

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15
Q

Small states versus large states

A

If representation in the national legislature was based on state population, as the Virginia Plan suggested, the bigger state would dominate proceedings, while if representation was given on a “one state, one vote” basis, as the New Jersey Plan suggested, congressional action would give more voice to the smaller, less populous states.

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16
Q

Separation of powers

A

The division of governmental power among several institutions that must cooperate in decision making

17
Q

Expressed Powers

A

Specific powers granted by the constitution to congress and to the president

18
Q

Checks and Balances

A

Mechanisms through which each branch of government is able to participate in and influence the activities of the other branches

19
Q

National power versus state and local power

A

the Constitution gave the states reserved powers.That is, Constitutional powers not given to the national government (or prohibited to the states) are reserved for the states. Federalists, who favored a strong national government, were able to include the national supremacy clause, which stipulated that national law trumps state law if the two ever conflict.

20
Q

Necessary and Proper Clause

A

Provides congress with the authority to make all laws “necessary and proper” to carry out its enumerated powers.

21
Q

Judicial review

A

The power of the courts to review and if necessary declare actions of the legislative and executive branch unconstitutional. Marbury v Madison.