Constitutional Foundations of the US Govt Flashcards
What year did the Articles of Confederation serve as the system of govt?
1781-1787 (6 Years)
The govt under the Articles of Confederation consisted of a ___________ legislature that was clearly subordinate to the states.
unicameral (one house)
Under AoC, how many votes did each state have in Congress?
1 –regardless of size\population of state
What were 3 weaknesses of the AoC?
- Inability to regulate interstate and foreign trade
- Lack of a chief executive and a nat’l court system
- Rule that amendments must be approved by unanimous consnet
What rebellion showed that AoC type of government couldn’t maintain control?
Shays’ rebellion; Revolutionary War vet Daniel SHays led rebellion of farmers against the tax collectors and banks that were seizing their property
What is one of the most important concepts that resulted from Hobbes and Locke?
The idea of a social contract; an implicit agreement among the members of a society to cooperate for social benefits, for example by sacrificing some individual freedom for state protection.
Define social contract
an implicit agreement among the members of a society to cooperate for social benefits, for example by sacrificing some individual freedom for state protection.
What period influenced the framers?
The Enlightenment Period (Around the 17th century)
Locke influenced Thomas Jefferson that individuals…
should expect the govt to provide the people protection of life, liberty, and property and right of revolution
What of Montesquieu’s is included in the constitution?
Separation of powers, and checks and balances
The authors of the Constitution sought to prevent what 2 things?
Monarchy and mobs
What 2 critical address the fear of monarchy and mobs?
- Federalism
2. Separation of Powers
In what amendment is federalism defined?
10th Amendment
This amendment states: Thosse powers not delegated to the US by the Constitution, nor prohibited by it to th States, are reserved to the states respectively, or to the people.
In what Articles are the principle of separation of powers codified in?
Articles I, II, and III.
What are the 3 branches of govt?
- Executive (President)
- Legislative (Congress)
- Judicial (Supreme Court)
What is an example of how the legislative branch can check the executive branch?
Legislative can check Executive by refusing to confirm appointments
What is an example of how the executive branch can check the legislative branch?
Executive can veto a bill
What is an example of how the judiciary branch can check both the executive and legislative branch?
Judiciary branch can declare laws unconstitutional
The Constitution embodies 3 important principles. What are they?
- Establishment of a representative government (Republic)
- Popular Sovereignty
- Enforcement of govt w/ limits (Rule of Law)
What is popular sovereignty?
Idea that govt derives its power from the people; it is expressed in the Preamble which opens with the words, “We the People.”
Where specifically in the Constitution is the idea of popular sovereignty expressed?
In the Preamble where it states “we the people”
What is rule of law?
Enforcing a government with LIMITS.
the legal principle that law should govern a nation, as opposed to arbitrary decisions by individual government officials.
Who wrote the Bill of Rights?
James Madison
The Federalist Papers were signed by “Publius.” General consensus says that the papers were written by what 3 Federalist?
- Alexander Hamilton
- James Madison
- John Jay
