Constitution Flashcards
What are the Articles of Confederation?
Loose alliance of the 13 states in 1781. One branch, 9/13 states needed to pass legislature, first national constitution and adopted by the Continental Congress
What were the weaknesses of the Articles of Confederation?
1) weak national government
2) no executive or judicial branch
3) Congress couldn’t regulate tax or trade
4) no common currency
5) each state only got one vote, no matter the population
What was the Constitutuonal Convention?
55 delegates met to fix the Articles of Confederation/create a Constitution
Who were the major figures attending the Convention? Who was the elected President of the Convention?
Washington was President. Hamilton and Madison both attended. Madison’s notes give us the most info about it.
The Virginia Plan?
- by Edmund Randolph and James Madison
- 3 branches
- 1 Presidnet
- Congress has lower and upper houses both based on population
New Jersey plan?
- by William Patterson
- very similar to AOC
- 1 branch
- states have equal number of representatives
- let Congress raise taxes/regulate trade
Great Comprise?
Virginia Plan (3 branches, 1 president, two house Congress) but the upper house (Senate) has equal representation and the lower house (HoR) has population based representation. Congress can control taxes. By Roger Sherman of CT
What is a Federalist?
Federalists support the Constitution and favored strong government
What are the Federalist Papers?
Hamilton, Madison, and Jay wrote 85 newspaper essays supporting the Constitution.
What is an Antifederalists?
Opponents of ratifying the Constitution. They feared a strong government and a king-like President. They wanted a Bill of Rights to avoid weakening the states or people.
Who led the Antifederalists?
George Mason and Patrick Henry
Who was in the first Presidential Cabinet?
President George Washington
VP John Adams
Secretary of State Thomas Jefferson
Secretary of the Treasury Alexander Hamilton
What was the Presidential Cabinet’s first job?
Make the Bill of Rights
What is the Bill of Rights?
The first 10 amendments to the Constitution. The Antifederalists felt it was needed.
Amendment 1
Freedom of Religion Speech Press Assembly Petition
Amendment 2
Right to bear arms
Amendment 3
Limits the quartering of soldiers
Amendment 4
Protection from unreasonable search and seizure
Amendment 5
Rights of persons accused of a crime
- grand jury trial
- no double jeopardy
- right to remain silent
- eminent domain
Amendment 6
Right to a swift and fair trial
Amendment 7
Right to a jury trial in civil cases
Amendment 8
Freedom from excessive bail and cruel and unusual punishment
Amendment 9
Citizens are entitled to rights not listed in the Constitution
Amendment 10
Powers not given to the federal government are reserved for the states (or people)
Define Separation of Powers
Each branch of government has its own area of authority, but checks and balances keep one branch from having complete power.
Define amendment
A change to the Constitution
Legislative Branch
Makes the laws
Congress: Senate and House of Representatives
Also taxes, money, war, post offices
Executive Branch
Carries out the law
President, VP, and Cabinet
Foreign policy, selecting officials, accepting or rejecting legislation
Judicial Branch
Interprets the law
Supreme Court and other federal courts
9 judges, one of whom is the Chief Justice
Decides court decisions based on Constitution and whether legislation is constitutional
Define judicial review
Court reviews laws or court decisions to determine if they are constitutional
Define federalism
Some powers are reserved for the national government, while others belong to the states.
Define checks and balances
Each branch has the power to stop each other in certain ways
Define veto
The President can reject legislative acts
Who is the speaker?
Leader of the House of Reps
Paul Ryan
Checks on executive branch
Congress can -override vetoes -impeach and remove President -declare war Senate can -refuse to confirm appointments or ratify treaties Supreme Court can -declare acts unconstitutional
Checks on legislative branch
President can veto federal bills
Supreme Court can rule laws unconstitutional
Both houses have to vote to pass laws, which checks power within Congress
Checks on Judicial branch
Congress can:
-propose constitutional amendments to overturn judicial decisions
-impeach and remove federal judges
The president appoints judges, who then must be confirmed by the Senate
What is the Electoral College?
The group of people selected to vote for the President
How many electors are there? How many are needed to win the presidency?
Electors= Congress representation in both houses
270 to win!
List the parts of the Constitution
1) Preamble
2) Articles 1 through 7 (1-3 are about the 3 branches of government)
3) Amendments
How many amendments are there?
27
5 “wholly new discoveries” that Hamilton wrote about in Federalist Paper 9
- Distribution of power
- Checks and balances
- Courts with fair, good judges
- Legislature of elected officials
- Enlargement of the orbit of government