Constitution Flashcards
Articles of Confederation
America’s first written constitution, served as basis of national government until 1789
Three-Fifths compromise
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
The Great Compromise
Gave each state an equal number of senators regardless of its population, but linked representation in the House of Representatives to population.
Virginia Plan
Edmund Randolph, that called for representation in the national legislature based on the population of each state
New Jersey Plan
William Paterson, that called for equal state representation in the national legislature regardless of population
Political Theories
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.
Bill of Rights
First Ten Amendments, ratified in 1791
Federalists
Those who favored a strong national government and supported the constitution proposed at the constitutional convention of 1787
Anti-Federalists
Those who favored a strong state government and a weak national government.
Article I
Provides a Congress consisting of the House and the Senate(Legislative Branch)
Article ll
Establishment of the Presidency(Executive Branch) which carries out and enforces federal laws,
Article lll
Supreme Court (Judicial Branch)
What were the weaknesses of the Articles of Confederation?
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.
Majority rule vs Minority rights
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.
Small states versus large states
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.
Separation of powers
The division of governmental power among several institutions that must cooperate in decision making
Expressed Powers
Specific powers granted by the constitution to congress and to the president
Checks and Balances
Mechanisms through which each branch of government is able to participate in and influence the activities of the other branches
National power versus state and local power
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.
Necessary and Proper Clause
Provides congress with the authority to make all laws “necessary and proper” to carry out its enumerated powers.
Judicial review
The power of the courts to review and if necessary declare actions of the legislative and executive branch unconstitutional. Marbury v Madison.