constitution Flashcards

1
Q

origins

A

o Gov’t through local communities
 Growing sense of independence
 1774 – first assertion of independence
 1776 – declaration of independence
o 1781 – articles of confederation
 First constitution
 States had own autonomy
 Congress with little power
o Revenue needed for defence
 Threat of Philadelphia creating new congress

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2
Q

creating of constitution

A

o George Washington presided over meetings but played no role
o James madison + alexander hamilton the main driving force
o Founding fathers not directly elected

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3
Q

main influences on constitution

A

 Social contract theory (hobbes)
 Representation (locke)
 Separation of powers
 Federalism

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4
Q

fears of concentration of power

A

 Separation of powers between legislature, executive, judiciary, congress
- had limits on democracy
 Only lower house, house of reps, to be directly elected
* Electoral qualifications were determined by state legislators
 Senators nominated by state legislators
 President elected by electoral college

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5
Q

checks and balances

A

Both houses had to approve a bill but president can exercise veto
Senate + hous of rep’s could override veto

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6
Q

New Jersey plan

A

smaller states favoured state power + unicameral legislature
- jersey plan introduced to suggest a multi-person executive that could be removed by majority of states
- vote on compromise - House of rep’s on population basis and senate on equal rep’ of state basis

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7
Q

constitution still remaining conservative

A

o Influenced by the pessimism and fear of the founding fathers of this newfound freedom
o Constitution designed to give framework for a stable and limited political power + to stand test of time

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8
Q

amendments

A

12th - 1804 - to simplify election of electoral college
13th - assert federal power over states where slavery was legal
14th - imposing bill of rights on states
16th - power to introduce national income tax

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9
Q

powers of gov’t today

A

o Congress has forfeited a lot of its legislative power to president
o Gov’t has become larger + centralised in executive rather than legislative power
o Supreme court now has power to strike down actions of congress or states that are not in line with constitution
o Citizens right to free speech, assembly, religion e.t.c extended to apply to all states
o Congress + the courts still is independent of presidency + interest groups

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