Constitutional Underpinnings Flashcards
Enlightenment philosophers who influenced the writing of the Constitution
Thomas Hobbes, John Locke, Charles de Montesquieu, Jean Jacques Rousseau
Articles of Confederation
- First government of United States of America
- Predecessor to the Constitution
Northwest ordinance
Created methods by which new states would enter the Union
Federalism
State and central government share governing responsibilities
Shays rebellion
- six-month rebellion in which more than 1000 armed farmers attacked the federal arsenal because the foreclosure of farms in the western part of the state
- Crisis because of the weakness of the articles of Confederation
Weakness of the articles of Confederation
- Could not draft soldiers
- Was completely dependent on state legislatures for revenue-the federal government was not permitted to tax citizens
- Could not pay off the Revolutionary war debt
- Could not control interstate trade
- Had no Supreme Court to interpret law
- Had no executive branch to enforce national law
- Had no national currency
- Had no control over import and export taxes imposed between states
- Needed unanimity to amend articles
- Needed approval from nine out of 13 states to pass legislation
Constitutional convention
- Framers met in Philadelphia in 1787
- Created the Constitution
- Debated over the appropriate power and responsibilities of government
Virginia plan
Receipt for a strong government with each state represented proportionately to its population
• Small states worried that A government dominated by the large states would be overly strong so they proposed the New Jersey plan
New Jersey plan
Each state would be represented equally regardless of population
• Proposed by small states were worried that a government dominated by the large states would be overly strong
Great compromise
-Created a bicameral legislator
• House of Representatives based on population
• Senate with equal representation from all states
3/5 compromise
Decision was made that the slaves would count as 3/5 of a person when apportioning votes
Federalists
Framers of the United States Constitution
-Supported the Constitution and the Federalist government
Antifederalists
Opposed the creation of a stronger national government
- Feared the Constitution would re-create the same state of tyrannical control that they had just escaped from Britain
- Criticized Constitution for lack of Bill of Rights
Bill of Rights
First 10 amendments to the U.S. Constitution. The Bill of Rights guarantees personal liberties and limits the power of the government
Necessary and proper clause
This section of the Constitution that allows Congress to pass laws “necessary and proper” to The performance of its duties. It is called the elastic clause because it allows Congress to stretch its powers beyond those that are specifically granted to it (enumerated) by the Constitution
Executive orders
Have the same effect as law, bypass Congress and policymaking, and are not mentioned in the Constitution
And example is when Franklin D Roosevelt ordered Japanese-Americans to be sent to interment camps in the West
Judicial review
Power of Supreme Court to declare laws and executive actions unconstitutional
First happened in Marbury versus Madison in 1803
Examples of concurrent powers
- Collect taxes
- Build roads
- Operate courts of law
- Borrow money
Examples of reserved Powers
- The power to issue licenses
- The regulation of intrastate business
- The spots ability to run and pay for federal elections
Examples of delegated powers
- Printing money
- Regulating interstate and international commerce
- Making treaties and conducting foreign policy
- Declaring war
- Issuing copyrights
- Creating an army and navy
- Paying debt
- Creating postal offices and roads
- Creating lower courts
Full faith and credit clause
The states are required to accept the court judgments, licenses, contracts, and other civil acts of all other states
Privileges and immunities clause
Section of the Constitution stating that a state may not refuse police protection or access to its courts to US citizens because they live in a different state
Extradition
Process by which governments return fugitives to the jurisdiction from which they have flat