Constitution Flashcards

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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
Q

what was team no constitution

A

anti-federalists

26
Q

small farmers, shopkeepers, laborers

A

anti-federalist

27
Q

sought better protection of individual rights

A

federalist

28
Q

what are the 5 thing anti-federalists favored

A
  1. strong state government
  2. greater role for the common man
  3. smaller electoral districts
  4. frequency elections
  5. unicameral legislature
29
Q

regular people can propose laws
idea by ___

A
  1. referenda
    anti-federalist
30
Q

able to get someone out of office before election
proposed by ___

A

recall
anti-federalist

31
Q

group of people with a common interest

A

factions

32
Q

your average joe, inexperienced, well educated

A

enlightened statesmen

33
Q
  • 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
A

anti-federalist ideology

34
Q
  • 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
A

federalist response to anti-federalist views

35
Q

because north Carolina refused to ratify the constitution what was written

A

the bill of rights

36
Q

why was the bill of rights written

A

to alleviate fear over the new constitution

37
Q

what amendment provided explicit guarantees

A

1-8

38
Q

what amendment stated that listing of rights does not mean others do not exist

A

9th

39
Q

powers not delegated to the national government instead they are reserved to the states or people

A

10th

40
Q

when did the B.O.R start to get more influence and why

A

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