Constitution Flashcards

1
Q

motives of framers

A

do not represent everyone in the country
all rich higher class white males / owned slaves

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2
Q

what where the interest of framers

A

preserving the prevailing economic and social order than the general public

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3
Q

rules and norms for the relationship between state and people

A

government

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4
Q

what are the 4 pillars of American Political Culture

A
  1. liberty and equality
  2. popular consent , majority rule, popular sovereignty
  3. individualism
  4. religious faith and religious freedom
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5
Q

what are the 4 basic principles of the constitution

A
  1. federalism
  2. separation of power
  3. checks of balances
  4. difficult to amend / change
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6
Q

federalism states that

A

power comes from the people not the state

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7
Q

how is the power divided in federalism?

A

between 2 levels of government (1) the central state government (federal) and lower levels of government (states)

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8
Q

supremacy clause def & what is it apart of

A

nation government is supreme
apart of federalism

Federal law is the most powerful; applies to everyone

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9
Q

federalism checks

A

the power of the federal and the state gov.

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10
Q

federal =

A

central state government

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11
Q

states in the US

A

lower levels of government

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12
Q

division of governmental power among branches of government with equality and independence of each branch

A

separation of power

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13
Q

what are the 3 branches of gov.

A

executive, legislative, judicial

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14
Q

how are each branch organized

A

separately so there are no overlapping

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15
Q

legislature =
executive =
judiciary =

A

L - makes laws, speaker of the house (nancy p.)
e - enforces laws - president
j - interprets laws - supreme court

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16
Q

constitutionally mandated structure that gives each branch some oversight and control over the other branches

A

checks and balances

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17
Q

function of checks and balances

A

no branch has exclusive domain over one single activity

18
Q

give an example of checks and balances using the president

A

president can veto legislation from congress / implement / not implement laws

19
Q

give an example of checks and balances using the court

A

court can declare executive actions or federal laws unconstitutional

20
Q

give an example of checks and balances using federal judges

A

The executive branch appoints federal judges, who can refuse to implement decisions

21
Q

give an example of checks and balances using the legislative branch

A

legislature can propose constitutional amendments to override judicial decisions / impeach judges

22
Q

why is the constitution difficult to amend/change?

A

because it consists of a 2 stage process proposal and ratification

23
Q

what are the 2 stages of changing the constitution and what they mean

A
  1. proposal - 2/3 members of both chambers or 2/3 legislatures calling for a national convention (a convention)
  2. ratification - by 3/4 of state legislatures or 3/4 of states via special ratifying
24
Q

who was team constitution

A

federalist

25
what was team no constitution
anti-federalists
26
small farmers, shopkeepers, laborers
anti-federalist
27
sought better protection of individual rights
federalist
28
what are the 5 thing anti-federalists favored
1. strong state government 2. greater role for the common man 3. smaller electoral districts 4. frequency elections 5. unicameral legislature
29
regular people can propose laws idea by ___
1. referenda anti-federalist
30
able to get someone out of office before election proposed by ___
recall anti-federalist
31
group of people with a common interest
factions
32
your average joe, inexperienced, well educated
enlightened statesmen
33
- strong central gov. would render states powerless - run roughshod over peoples' liberties - president would gain too much power - feared tyranny of the few - gov. would become more aristocratic and respond only to their interests
anti-federalist ideology
34
- checks and balances and federalism (used to prevent a strong central gov.) - separation of power (nobody will gain too much power) - greatest threat = fractions - the greatest threat is voters failing to elect an enlightened statesmen
federalist response to anti-federalist views
35
because north Carolina refused to ratify the constitution what was written
the bill of rights
36
why was the bill of rights written
to alleviate fear over the new constitution
37
what amendment provided explicit guarantees
1-8
38
what amendment stated that listing of rights does not mean others do not exist
9th
39
powers not delegated to the national government instead they are reserved to the states or people
10th
40
when did the B.O.R start to get more influence and why
in the 20th century when citizens realized they can sue their states the supreme court became more willing to protect individuals against intrusive state actions