Constitution Flashcards
The Articles of Confederation
The A.O.C became the first form of government in America in 1781. The A.O.C. had only one branch of government, congress, which had the ability to declare war, make treaties, and borrow money.
Weaknesses of the A.O.C.
The government had no power to pass taxes
The government could not regulate trade
9 of 13 states had to approve any changes to the government
There was no executive branch to enforce the laws
The states had more power than the national government
The Northwest Ordinance
The Northwest Ordinance created a plan for admitting states to the Union. This land forbid slavery, and allowed freedom of religion and trial by jury. Once a territory reached a population of 60,000 they could apply to be an equal state.
Economic Depression
After the American Revolution , farms were damaged in the south and trading with other countries slowed. As a result, farmers could not pay state taxes, and states took the farmers land away.
Shay’s Rebellion
Daniel Shay led a rebellion with other farmers (who wanted their land back) by marching outside a courthouse with guns, not allowing judges inside. Shay and his group almost got a hold of an arsenal before the state militia barely stopped them. Shay’s rebellion resulted in many Americans wanting a stronger form of government than the A.O.C.
Constitutional Convention
In 1787, our Founding Fathers met in Philadelphia to revise the Articles of Confederation.
Once the meeting started, delegates decided to create a whole new form of government instead of revising the A.O.C.
Great Compromise
The Virginia Plan suggested 3 branches of government and representation in congress based on the population of each state.
The New Jersey Plan recommended that representation from each state be equal.
The Great Compromise created a bicameral congress, with one house based on population, and the other house having 2 representatives from each state.
Three-Fifths Compromise
Although the south treated slaves as property, southerners wanted to count slaves towards the population so they could have more representation in congress. Northerners and southerners agreed to have 3 out of every 5 slaves count towards a states population.
Roots of the Constitution
The Magna Carta limited the Kings power and gave citizens the right to a trial by jury.
The English Bill of Rights protected certain rights of citizens from the government.
The Mayflower Compact was created by the people.
Philosophers of the Constitution
John Locke claimed if a government did not fulfil its purpose of protecting individual’s freedoms, the citizens had the right to over throw it
Montesquieu believed that government power should be separated to keep one group from gaining too much power
William Blackistone believed that even the King should not take away a person’s property and believed strongly in individual rights
Constitutional Debate
Once the Constitution was written nine out
of the 13 states had to ratify the constitution in order for it to go into effect. People all across the country debated about if the Constitution was a good thing or bad thing.
The Federalists
The Federalists supported the ratification of the Constitution. They believed the Constitution created a more powerful government but not too powerful. James Madison, Alexander Hamilton, and John Jay wrote The Federalists Papers to explain how the Constitution worked.
The Antifederalists
Patrick Henry and George Mason wrote the Antifederalists Papers. They believed the Constitution created a government that was too powerful and would take away some freedom. The Antifederalists demanded a bill of rights be added to the Constitution before they would ratify it.
Constitution Accepted
Written in 1787, after much discussion and debate, all the states ratified the Constitution once the Bill of Rights was promised to be added to the Constitution. In 1791, the Bill of Rights was officially ratified.
Organization of Constitution
Preamble – Intro
Article I – Legislative Branch
Article II – Executive Branch
Article III – Judicial Branch
Article IV – States Respect Each Other
Article V – Amending Constitution
Article VI – Constitution is Supreme
The Preamble
The introduction to the Constitution
Announces the purpose of the Constitution:
To form a more united country
Give justice to all
Keep peace
Keep our country safe
Help people
Protect our liberty
Principles of the Constitution
Popular Sovereignty - the people have the ultimate authority
Republicanism - the people vote for representatives to rule on their behalf
Limited Government - the government cannot do
what is not in the Constitution
Federalism- power is shared between national and state govt.
Amending the Constitution
To amend the constitution: 2/3 of both houses of Congress have to vote for the change and 3/4 of the state legislatures have to vote for the change.
Legislative Branch
Has power to make laws, declare war, tax citizens
Has two parts- the Senate and House of Representatives
Is also called congress
Powers are listed in Article I of the Constitution
Executive Branch
Enforces the laws the legislative branch makes
Is made up of the president (commander in chief), vice president, and a cabinet of advisors
Powers are listed in Article II of the Constitution
Judicial Branch
Main job is to interpret and rule on the laws Congress makes
Is comprised of the Supreme Court and other Federal Courts
A judge can serve for life as long as they behave appropriately
U.S. Citizen
There are two ways to become a U.S. Citizen:
Birthright Citizen- born in U.S. or parents are U.S. citizens
Naturalized Citizen- Live in U.S. for 5 years, be 18 years old, understand U.S. history and government, swear allegiance to the Constitution
Responsibilities of Citizens
Vote during elections, staying informed, severe on juries, serve in military if asked, pay taxes, obey all laws, attend school.
Bill of Rights
1st Amendment - Freedom of religion, Freedom of speech, Freedom of press, Freedom of assembly, Right to petition the government
Bill of Rights
2nd Amendment - right to bear arms
Bill of Rights
3rd Amendment - right not to quarter soldiers
Bill of Rights
4th Amendment - no unreasonable search and seizure
Bill of Rights
5th Amendment - right to due process
Bill of Rights
6th Amendment - right to trial by jury
Bill of Rights
8th Amendment - no cruel or unusual punishment
Bill of Rights
9th Amendment - citizens have more rights that aren’t listed in the Constitution
Bill of Rights
10th Amendment - rights not given to the federal government go to the states
Grievances Addressed
When the Americans became their own country,
they created laws in the Constitution and the Bill
of Rights that addressed the grievances they had
against King George III
Grievances Addressed
Grievance: King imposed taxes without consent
Addressed: Taxes must be approved by Congress
Grievance: King made judges dependent on his will
Addressed: All judges are appointed for lifetime
Grievance:King refused colonists permission to petition
Addressed: 1st amendment provides right to petition
Grievance: King quartered troops in colonists’ homes
Addressed: 3rd Amendment provides right
to not quarter soldiers
Grievance: King deprived colonists right to trial by jury
Addressed: 6th Amendment provides right to trial by jury to everyone
