Constitution Flashcards
1
Q
What does the Executive Branch do?
A
Carries out laws (President, Vice President, cabinet, federal agencies)
2
Q
What did anti-federalists argue?
A
A strong central government would destroy the work of the Revolution, limit democracy, and states rights (thought that the proposed Constitution contained no protection of individual rights)
3
Q
What is changing the Constitution called?
A
Amending the Constitution
4
Q
How is a President impeached?
A
House of Representatives votes to impeach and the President is put on trial
5
Q
What were the federalists papers for?
A
To convince people to accept the Constitution (Madison, Hamilton, and John Jay wrote 85 essays that gave reason for the Constitution to be approved
6
Q
What is article #6?
A
Supremacy Clause (Constitution is the law of the land)
7
Q
What does the Judicial Branch do?
A
Interprets laws (Supreme Court and other Courts)
8
Q
What were disadvantages of the Constitution?
A
New and untried, lacked Bill of Rights
9
Q
What did people hope the new government would provide?
A
-Domestic Tranquility (peace and order)
-Protect the nation
-Support economy
-Protect freedoms
10
Q
What is incensus?
A
Count of population
11
Q
What is article #7?
A
Ratification
12
Q
What was America’s first Constitution?
A
The Articles of Confederation
13
Q
How many amendments are there total?
A
27
14
Q
Which states were the last to ratify?
A
Virginia, New York, North Carolina, Rhode Island (1790)
15
Q
What are appellate courts?
A
If citizens want to appeal decisions given in district court, and ask for a higher court to review the case, the higher court is called an appellate court. They consider if the original trial was fair and legal
16
Q
What is the 25th amendment?
A
Stated that if the President dies, Vice President replaces him. Vice President can elect new person to replace them, nomination has to be approved by both houses of Congress
17
Q
What was the 7th amendment?
A
Trial by jury must be more than $20
18
Q
How many supreme court justices are there in our government?
A
9 (including chief)
19
Q
Who was America’s first President?
A
George Washington
20
Q
How many states had to approve laws to be ratified?
A
9 out of 13
21
Q
What can the national government do?
A
Declare war, make treaties, print/coin money, regulate interstate commerce
22
Q
What promise does the President make when elected?
A
“Oath of office”
23
Q
What is the 17th amendment?
A
People elect the Senators, if Senator is absent the governor can order a new election or replace the absence until an election is held
24
Q
What were the 1780’s known as?
A
“The critical period” (will the new nation be strong enough to survive?)
25
What does the Legislative Branch do?
Makes laws (Congress: House of Reps, senate)
26
What were influential historical foundations and traditions that came from England?
-Magna Carta (1215)
-Natural Rights (1689) by John Locke
-English Bill or Rights (1689)
-England's Parliament
-Bicameral House of Lord and House of Commons
27
What was the 2nd amendment?
Right to keep and bear arms
28
How is power separated?
Three branches (executive, judicial, legislative)
29
What was the first amendment?
Freedom of speech, religion, petition, press, assembly
30
What is the 15th amendment?
The right to vote for citizen applies to everyone, despite race, color, or previous condition of servitude
31
What do the federal courts do?
Protect nation, resolve disputes, if someone breaks a national law, they are tried in federal courts
32
Wht is the 23rd amendment?
Gave people who live in Washington D.C. the right to vote
33
Who was considered "The Father of the Constitution"?
James Madison (took detailed notes on every topic discussed at the convention)
-He was very well educated on democratic philosophies
34
What does ratification mean?
Approval
35
What was the Land of Ordinance of 1785? Was this a benefit or issue created by the AOC?
Reserved one section of land in each township for public education
36
Who holds the power to make new laws, the Senate or House of Representatives?
House of Representatives
37
Who drafted the Articles of Confederation?
In 1776, John Dickinson drafted the nation's first constitution called the Articles of Confederation in Philadelphia. (submitted to states for ratification and was approved in 1781)
38
What are two ways to approve an amendment?
3/4 state legislatures vote, 3/4 state conventions vote
39
What was the first temporary capital?
NY
40
What is the 27th amendment?
Limited how Congress can increase how much its members are paid
41
What is the 11th amendment?
A citizen from one state can't sue the government of another state in a federal court
42
What is article #4
Relations among the states
43
How can a bill be approved if the President veto's?
2/3 Senate and House of Representatives vote can overpower Presiden's veto
44
What is a popular sovereignty?
Authority comes from people, not the states
45
What can the state government do?
They hold any powers not given to the national government, their powers can't go against the Constitution, they are required to respect other state's court decisions
46
Who is a part of the executive branch?
President, Vice President, the Cabinet (or departments, advises president)
47
How long does a Supreme Court Judge usually serve?
Life
48
When did the government created under the Constitution come into effect?
1789
49
What are checks and balances?
Limits power by separation of branches, one branch can block powers of another and each branch has roles in what another branch does
50
What is the preamble?
The intro of Constitution, showed want for states to be united, reasions for new government, list of goals for new government
51
Who can make bills: Senate or House of Representatives?
Both
52
What were the Articles of Confederation?
A loose confederation of the states with a weak central government
53
What was one of the accomplishments of the Articles of Confederation?
Negotiated the Treaty of Paris
54
When was a draft of the Constitution submitted to the states for ratification?
September 17, 1787
55
What is the 12th amendment?
Made sure there was a process in place in case the candidates tied. Additionally, it ensures that every state gets a say in the election
56
What was the outcome of the federalists papers?
-Deleware, New Jersey, Pennsylvania were first to ratify
-Promise of adding a Bill of Rights convinced other states to ratify
-June 1788: 9 out of 13 states ratified the Constitution
57
What is the 21st amendment?
Made alcohol selling in the US legal, states can still restrict or stop alcohol sales within their borders
58
What is the 22nd amendment?
No one can be elected President more than twice
59
What was the 4th amendment?
Protected against unreasonable searches or seizures
60
What was the 8th amendment?
No cruel and unusual punishment
61
What was the 9th amendment?
Reserves power to people
62
What was the 6th amendment?
Right to a speedy and public trial
63
What is article #3?
The Judicial Branch
64
What was the 5th amendment?
Right to due process, no double jeopardy, can't testify against oneself
65
What does the Supreme court do?
Protects Constitution, created mini courts (district/appellate) to fit country's needs, they are the last decision, reviews cases if it might conflict with the Constitution
66
What was the 10th amendment?
Reserves power to states
67
Why were the Articles of Confederation made?
After colonies won their independence from Britain:
-Needed to creat a government to unite colonies into one nation (The United States)
68
What is the 13th amendment?
Ended slavery, ratified after Civil War
69
What did federalists argue?
A strong national government is needed to help unify the states (they emphasized the weaknesses of AOC)
70
What is the 14th amendment?
No states can deny its citizens and their rights and privileges (equal rights for natural born citizens)
71
What is the 16th amendment?
Congress has power to collect income taxes
72
Who didn't attend the Philadelphia Convention?
-Thomas Jefferson (ambassador in France)
-John Adams (ambassador in Great Britain)
-Patrick Henry (refused, saying he "smelt a rat in Philadelphia," tending toward monarchy
-Samuel Adams (declined, didn't want the central government to hold all power
-Thomas Paine (lived in Europe)
-John Hancock (invited, didn't attend due to illness or responsibilities as governor of Massachussetts
73
What was the new government created by the Articles of Confederation allowed to do?
Wage war, make treaties, send diplomatic representatives and borrow money
74
What was the new government created by the Articles of Confederation not allowed to do?
Collect taxes, regulate commerce between states, enforce its own laws
75
What was the 3rd amendment?
Can't be required to house soldiers in time of peace
76
Who were big names that attended the Philadelphia Convention?
Benjamin Franklin, Alexander Hamilton, George Washington (President over convention), James Madison
77
What was the Bill of Rights?
First 10 amendments
Federalists thought it was better to assume all rights protected than to create a limited list
Anti-federalists thought that only a Bill of Rights could protect Americans from a strong central government from getting out of hand
September 1789: 12 amendments were approved by Congress and were sent to states for approval - 10 out of 12 states ratified in December 1791, and added to Constitution as the Bill of Rights
78
What was Shays' Rebellion?
Captain Daniel Shays led other farmers in uprising against high state taxes imprisonment for debt and lack of paper money, stopped collection of taxes and forced closing of debtors' courts
78
What powers are shared between the national and state government?
Collect taxes, control education, borrow money, general framework
78
What is the 26th amendment?
Gave all U.S. citizens over the age of 18 the right to vote
79
What was the Northwest Ordinance of 1787? Was this a benefit or issue created by the Articles of Confederation?
Set rules for creating new states, granted limited self government and prohibited slavery in certain regions
80
What is judicial review?
Power to decide if acts/laws made by Executive and Legislative branches go against the Constitution
81
What is the 18th amendment?
Prohibited selling alcoholic beverages in the US, THIS WAS DISCONTINUED AFTER THE 21ST AMENDMENT REPLACED THIS AMENDMENT
82
What was the Philadelphia Convention?
Meeting where the weaknesses of the Articles of Confederation were discussed and the Constitution was signed by 39 of 55 delegates who attended
83
What was the result of Shay's Rebellion?
People realized the national government was powerless to stop rebellions like this, convinced many people to meet and discuss the weaknesses of the Articles of Confederation
84
What was the central government made of? (Articles of Confederation)
1 house (unicameral) legislature with 1 vote per state
85
Who nominates ambassadors and Supreme Court Justices?
The President
86
What is article #2?
The Executive Branch
87
Who are federalists? (and leaders?)
People who support the Constitution and idea of a strong national government (strong leaders, well organized)
Leaders: George Washington, Ben Franklin, James Madison, Alexander Hamilton
88
What were some issues created when writing the US Constitution?
-Should they bmake changed to the AOC or create a new government? (they got rid of the AOC and started from scratch to make the Constitution)
-Should states have equal representation or by population? Choice: "Great Compromise" bicameral legislature w/ the Senate based on EQUAL REPRESENTATIN and the House of Representatives
-Would slaves count for population based representation? (counted as 3/5 of a person)
-Would slaves be outlawed? Congress wouldn't tax state exports, SLAVE TRADE ENDED in 1808, fugitive slave cause established (a slave who flied to another state has to be returned to owner)
-Who would be in charge of trade? Congress regulated interstate and foreign trade
-Who would the leader of the new Gov? President elected w/ 4 year term (elected by electoral college, runner up becomes Vice President
-Who has the supreme power? Supremacy clause: US Constitution is the supreme law of the land, necessary and proper clause: gives Congress power to stretch powers
89
What problems did the Articles of Confederation create?
- Weak central government
-Financial issues (unpaid war debit, Congress issued worthless money and had no power to tax, could only request donations from states for national needs)
-Problems w/ foreign nations (Europe had little respect for new nation that couldn't pay their debts)
-Domestic problems (ex: Shays' Rebellion)
90
What is the 20th amendment?
Changed the days for meetings of Congress and for the start of the President's term of office
91
What is article #5?
Amending the Constitution
92
What are some basic principles contained in the Constitution?
-Popular Sovereignty (power comes from people)
-Limited government (government can only do what is given permission by people)
-Separation of powers (divided by branches)
-Checks and balances (powers of each branch are checked and balanced by other branches)
-Federalism (division of power between central and local government)
-Judicial Review (authority for Supreme Court to declare laws unconstitutional)
-Republicanism (people vote for representatives to run gov)
93
What is the minimum age requirement to be part of the Senate or House of Representatives?
SENATE: 30+ years old
HOUSE OF REPRESENTATIVES: 25+ years old
94
When did 9 out of 13 states ratify the Constitution?
June 1788
95
What is the 24th amendment?
Made it illegal for anyone to have to pay a tax to have the right to vote
96
What is the 19th amendment?
All women over 21 years old can vote - women's suffrage
97
Who are anti-federalists? (and leaders?)
People who opposed a strong national government (appealed to popular distrust of government)
Leaders: George Mason, Patrick Henry, James Wilson, John Hancock)
98
What is article #1?
The Legislative Branch
99
What was needed to amend the Articles of Confederation?
Unanimous vote (vote the same way)
100
What are the two ways to change an amendment?
2/3 vote or national convention
