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
Supremacy clause
Requires conflict between federal law and state law to be resolved in favor of federal law
Categorical grants
Aid with strict provisions from the federal government on how it may be spent
Examples include Headstart, Medicaid, and the food stamp program
Block grants
Aid which permit the state to experiment and use the money as they see fit
Separation of powers
System that prevents any branch of Government from becoming too powerful by dividing important tasks among the three branches
Legislative branch makes the laws; executive branch enforces the laws; and the judicial branch interprets laws
Checks and balances
System that prevents any branch of Government from becoming too powerful by requiring the approval of more than one branch for all important acts
Prime example is the nomination of federal judges (judicial) by the president(executive) and approved by the Senate(legislative)
Ways to propose amendments
By two thirds of both houses of Congress
Or
By a constitutional convention petitioned by two thirds of state legislatures
Ways to ratify amendments
By three fourths of state legislatures
Or
By ratifying conventions mandated by Congress In three fourths of the states
First Amendment
- Freedom of religion
- Freedom of speech
- Freedom of press
- Freedom of assembly
- Freedom of petition
Establishment clause
Prohibits the government from designating one faith as the official religion of United States
Free exercise clause
Government may not interfere with an individual’s right to practice his or her faith
Second Amendment
Protects citizens rights to bear arms
Third amendment
Forbids the quartering of soldiers and the direct public support of Armed Forces
Fourth amendment
Protects the rights of privacy and protects an individuals person, house, papers, and a fax against unreasonable searches and seizures
Exclusionary rule
holds that all evidence unlawfully gathered must be excluded from judicial proceedings. Came from Mapp versus Ohio
Fifth Amendment
Protect the right to a jury
Prohibits double jeopardy
Government cannot deprive an individual of life, liberty, or property by any level unless due process of law is applied
Right to remain silent
Eminent domain
Power of government to take away property for public use as long as there is just compensation for property taken
Due process
Established legal procedures for the arrest and trial of an accused criminal
Double Jeopardy
The act of trying on individual a second time after he or she has been acquitted on the same charges
Sixth amendment
Right to a speedy trial
Right to be informed of their charges (habeas corpus)
Eighth amendment
Prohibits excessive bail in federal cases
Prohibits cool and unusual punishment
Ninth amendment
Reaffirms the principles of the limited federal government
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people”
10th amendment
Defines the relationship between the states and the national government under the concept of federalism
-When powers are not defined or delegated by the Constitution, the states have reserved power to make their own individual judgments so long as they do not infringe with the explicit rules of the Constitution and the federal government.
13th amendment
Abolish slavery except as punishment for convicted crime
14th amendment
Prevented states from denying “due process of law” and “equal protection under the law” to citizens
-Amendment was specifically aimed at protecting the rights of newly freed slaves in the South
Selective incorporation
Process by which the Supreme Court has selectively applied the 14th amendment to state law
15th amendment
Granted voting rights to males of all races and was originally designed to extend voting rights or the newly freed male slaves
16th amendment
Gave Congress the power to collect more taxes on income allowing for the creation of a progressive income tax that fell more on the rich
17th amendment
Shifted the responsibility for choosing Senators from legislatures to the general voting public
18th amendment
Prohibited the manufacture, sale, and transportation of alcohol in or out of the United States
19th amendment
Granted voting rights to all American women
20th amendment
Clearly define the procedures regarding the specifics of presidential and legislative terms, and shorten the amount of time between presidential election and Inauguration
22nd amendment
Limited the president to two terms
23rd Amendment
Allowed the residents of Washington, DC to vote in presidential elections
24th Amendment
Eliminated the practice of forcing African-Americans to pay poll taxes when attempting to vote in the southern state election
26th amendment
Lowered the voting age from 21 to 18
