Constitution Quiz Flashcards
DOI written by _____ on what date? Who helped?
Thomas Jefferson
July 4, 1776
Adams and Franklin helped
What does the DOI discuss?
-Explains how abuses by the too powerful British crown violated individual rights
-It justified the colonists separation
-Defined newly independent states’ relationship
What did the DOI take ideas from?
Social Contract Theory
5 characteristics of American democracy
- Limited government
- Natural rights
- Popular sovereignty
- Republicanism
- Social contract
Participatory democracy?
DIRECT: originated with Aristotle and is the rule of the many.
-Citizens meet and make decision about public policy issues
-Emphasizes broad participation in politics and civil society
Elite democracy?
REPRESENTATIVE: the acquisition of power by leaders via competitive elections.
-Citizens choose officials who make decisions about public policy.
-This is the system used in most “democratic” nations.
-Emphasizes limited participation in politics and civil society.
Pluralist democracy
Recognizes group-based activism by nongovernmental interest striving for impact on political decision making.
-Interest groups
-Hyperpluralist: too many groups, causes gridlock
What does the Constitution not include?
The word democracy; instead they use “republican form of government”
8 problems with the Articles of Confederation?
- The central government consisted only of a congress in which each state was represented equally.
- No executive or judicial branches were created
- The central government could not levy taxes. It could only request money from the states.
- The central government could not regulate commerce between the states. The states taxed each other’s goods and negotiated trade agreements with other countries.
- No law enforcing powers were granted to Congress.
- Unanimous vote for amending the articles was provided.
- States retained all powers not specifically granted to Congress.
- 9/13 states were necessary to pass legislation.
When and where did the constitutional convention meet?
Philadelphia, PA
May-September 1787
Zeitgeist: “Spirit of the times”
Delegates at the convention? How many and who?
55 delegates from 13 states.
-Alexander Hamilton
-George Washington (Chairman of Convention)
-James Madison (actually wrote the Constitution)
-Benjamin Franklin (81 years old)
Who was not at the Constitutional Convention?
-Thomas Jefferson (ambassador to France)
-John Adams (ambassador to England)
-Patrick Henry (he “smelt a rat”)
-Samuel Adams (was not selected as a delegate)
Agreements and compromises?
-Agreed with John Locke that government should protect property (shay’s rebellion)
-Franklin proposed that all white males have the right to vote
-Most delegates believed only property owners should have the right to vote
Large states favored…?
Strong national government that they believed the could dominate
Small states favored…?
Stronger state governments that could avert domination by the central government
Most delegates favored…?
Bicameral legislature (two house)
VA Plan?
Proposed by Edmund Randolph, written by James Madison, supported by Alexander Hamilton
Bicameral legislature: larger house with members elected by popular vote and smaller house selected by larger house of nominees from state legislatures
Representation in both houses was to be based on wealth or numbers
National executive
National judiciary
NJ Plan?
Presented by William Paterson
Did not argue with the need for a stronger central government with the right to tax
Unicameral legislature with each state having 1 vote
The Great Compromise?
AKA CONNECTICUT COMPROMISE
Presented by Roger Sherman
-1 house in which each state would have an equal vote (The Senate)
-Another house in which representation would be based on population (House of Representatives)
Three-Fifths Compromise?
-Allowed southern states to count a slave as 3/5 of a person
-Kept balance between North and South
Electoral College?
-People selected by the state legislatures to formally cast their ballots for the presidency
-Meet on the 1st Monday after the 2nd Wednesday in December
Slavery Compromise?
-Could not prohibit the importation of slaves until 1808
-Runaway slaves must be returned
4 formal amendments?
- May be proposed by a 2/3 vote of each house of congress and ratified by at least 3/4 of the state legislatures. (all but one have been added this way)
- May be proposed by a 2/3 vote of each house of congress and ratified by specially called conventions in at least 3/4 of the states. (21st amendment)
- May be proposed by a national constitutional convention requested by at least 2/3 of the state legislatures and ratified by at least 3/4 of the state legislatures.
- May be proposed by a national constitutional convention requested by at least by at least 2/3 of the state legislatures and ratified by specially called conventions in at least 3/4 of the states.
Legislature Informal Amendment?
Can pass laws that interpret and expand the Constitutional provisions
Executive Informal Amendment?
Executive agreements
Bypass the treaty process
Judicial Informal Amendment?
Judicial Review
Most influential branch in interpreting the Constitution
Federalists?
Support the Constitution
Anti-federalist?
Opposed the Constitution
The federalist papers were written by…?
Alexander Hamilton
James Madison
John Jay
Federalist 10?
-Written by Madison
-FACTIONS
-Citizens united by common passion against other citizens of the community
-Argued that separation of powers and federalism check the growth of tyranny by factions
-Each branch of government keeps the other 2 from gaining a concentration of power
Brutus 1?
-Anti-federalist
-Debate over the type of government established in the Constitution
-Participatory vs. Elite and Pluralist
-Popular democratic theory that emphasized the benefits of a small decentralized republic
-Warned against the danger to personal liberty from a large, centralized government
Federalist 51?
-Written by Madison
-Assumptions about people: “if men were angels…”
-Explained why strong central government was important: order them internally to keep in proper places
-Protection from other parts of the government: separation of powers, tyranny of majority, institutional will (promote a common interest)
-Legislative is most important branch
-Bill of rights added: Constitution ratified in 1789 and BOR added in 1791
Why is the preamble included in the Constitution?
Statement of purpose
Objectives
Article 1 Section 1
Create the Senate and House of Representatives
Article 1 Section 2
-Sets standards for the house
-Speaker and officers
-Special elections
-Impeachment
-Total members today: 435
-Qualifications: elected every 2 years, must be at least 25, citizen for 7 years, resident of state and district represent
Article 1 Section 3
-Sets standards for the senate
-Every state has 2 senators
-Total members: 100
-Qualifications: must be at least 30 years old, elected every 6 years, citizen for 9 years, must reside in state you represent
President of the senate?
VPOTUS: it is their only constitutional role
What is the job of the president pro-tempore?
Act as president of the senate when VP is not there
Current pro-tempore is Sen. Patty Murray (D-Wa)
Article 1 Section 4 + 5
-Holding elections
-Must meet at least once a year
-Must keep written records
Article 1 Section 6
-Compensation (paid by the US Treasury)
-Freedom from arrest when going to and from sessions
-Cannot be appointed to civil office: must quit government job if elected
Compensation in A1S6?
-From 1789 to 1815, only paid a per diem (daily payment) of $6 while in session
-Yearly salary began in 1815 at $1500 per year
-2009 salary: $174000
-Leadership positions receive more money
Article 1 Section 7
-Tax legislation must originate in the house: more people + only office directly affected by people
-Veto power
Article 1 Section 8
18 enumerated powers
-Collect and lay taxes
-Imports and excises
-National defense
-Borrow money
-Regulate commerce
-Declare war
-Raise an army and navy
-Immigration
-Bankruptcies
-Coin money
-Weights and measures
-Punishment for counterfeiting
-Establish post offices and post roads
-Patents
-Appeals courts
-Piracies
-Establish DC
What is the commerce clause?
Congress has the power to regulate INTERSTATE and INTERNATIONAL trade
Includes goods, persons, and words
What is the elastic clause?
-Stretch powers to fit need
-Necessary and proper clause
-Why: they wanted it to last a long time
Article 1 Section 9 + 10
-Writ of habeas corpus (bring me the body): protection of wrongful imprisonment
-Tax collection rights
-Restrictions on states
-No title of nobility granted while in office
What are the qualifications to be president of the US? (A2S1)
-Natural born citizen
-At least 35 years old
-Resident for 14 years
-4 year term
-Elected by electoral college
How does the electoral college work?
-Elect representative who meet in state capital to elect the president
-Meet the first monday after the second wednesday in December
How did the Cabinet get created?
George Washington established the first cabinet and it has been used ever since
OG cabinet?
State (Thomas Jefferson)
Treasury (Alexander Hamilton)
War - Today defense (Henry Knox)
Attorney General (Edmund Randolph)
When and why was the line of succession to be POTUS changed?
1947
They are elected positions
Line of succession?
POTUS
VPOTUS
Speaker of the House
President Pro-Tempore
Cabinet secretaries in the order of their creation
Jobs of the president?
Commander in chief
Grant pardons
Form treaties
Appoint ambassadors and SC justices, etc.
Convene congress
Veto Power
For what crimes can a president be impeached?
Treason
Bribery
Other high crimes
Misdemeanors
Article 3?
Ultimate judicial power to the SC
Original jurisdiction
Treason defined
Article 4 Section 1?
Full faith and credit clause
Public act honored by other states: marriage + driver’s license
Article 4 Section 2?
Treat citizens from other states equal
Turn over criminals
Article 4 Section 3?
Right of congress to add new states
Changes within state approved by state and congress
Congress has the power to govern national land within states
Article 5?
How can the constitution be changed?
-Amendments
-Formal ways: All require 3/4 of states to ratify (Today 38 states)
Article 6?
Supremacy clause:
-National laws take precedence over state and local laws
-“Supreme law of the land”
Article 7?
Ratification
What is the BOR?
Basic legal protections for individuals
Idea originated from State BOR
1st Amendment?
Freedoms:
-Religion
-Speech
-Press
-Assembly
-Petition the government for redress of grievances
2nd Amendment?
Right to keep and bear arms
Rights of individuals
3rd Amendment?
No quartering troops
4th Amendment?
Free from unreasonable search and seizure
5th Amendment?
Due Process
Grand Jury
No double jeopardy
Cannot testify against yourself
Just compensation
6th Amendment?
Speedy and fair trial
Impartial jury
7th Amendment?
Jury trial in civil action
8th Amendment?
No cruel and unusual punishment
9th Amendment?
Enumerated powers
Anything left out is included here
Right to privacy taken from this amendment
10th Amendment?
Any power not delegated to federal government nor prohibited by it to states is reserved to the states ot the people
11th Amendment?
1795
Cannot sue someone from another state in federal court
12th Amendment?
1804
Revisions to the Electoral college
Electors vote for POTUS and VPOTUS on separate ballot
13th Amendment?
1865
Prohibition of slavery
14th Amendment?
1868
Made former slaves citizens
Due process applied to states
Equal protection clause
Only relate to time period:
-reduction in congressional representation if denied any man right to vote
-southern rebels denied federal office
-rebel debts repudiated
15th Amendment?
1870
Right to vote regardless of race, color, or previous condition of servitude
Men 21 years and older only
16th Amendment?
1913
Federal income tax
17th Amendment?
1913
Popular election of US Senators
18th Amendment?
1919
Prohibition
19th Amendment?
1920
Women given the right to vote
20th Amendment?
1933
Changes date newly elected officials take office
Congress: Jan 3
POTUS: Jan 20
How to handle vacancy if POTUS elect dies before being sworn in
“Lame Duck Amendment”
21st Amendment?
1933
Repeals prohibition
22nd Amendment?
1951
2-Term limit for POTUS
Can only be elected twice or not serve more than 10 years
23rd Amendment?
1961
Right to vote for DC
Electors = to least populous state (3)
24th Amendment?
1964
Poll taxes illegal
25th Amendment?
1967
Presidential disabilities
Vacancies to the office of POTUS and VPOTUS: VPOTUS takes over and can appoint new VP
26th Amendment?
1971
Voting for 18 and older
27th Amendment?
1992
Restrictions on congressional pay raises
Raises take effect the next election
Introduced by James Madison
Father of the constitution?
James Madison
