“Critical Period” and the U.S. Constitution Flashcards
When was the “Critical Period” and why is this time period given this name?
Began when U.S. independence was achieved and lasted until the Constitution was ratified
- critical of the AoC and the fundamental ideas that created the nation
What was the governing document of the U.S. at this time and how was the U.S. government structured (what institution(s) did the U.S. government consist of, how was it organized)?
Articles of Confederation
just a one-house Congress; no president, no Supreme Court
Why can the creation of the U.S. be likened to a “salad” rather than to a “pizza”?
13 states came together to create the US but we still separate
What aspects of the Articles of Confederation could be seen as creating a weak Congress, unequipped to address the new nation’s problems (and what were those problems)?
Congress was given limited powers and the leaves out important information
- Very vague and not clear making Congress very fragile
- Examples of being unequipped
-AoC says “no state” shall use state militia without permission useless the state is invaded
-Who controls the army under AoC? Congress declares war but state militias would agree to send troops
-Fails for mention anything about a national army
States are responsible for paying taxes in proportion to their size but made no mention of any consequences if they failed to do so
Why was “Shays’ Rebellion” seen as a particular illustration of the Articles of C.’s weaknesses?
- Shays’ Rebellion - uprising in western Massachusetts in opposition to high taxes and stringent economic conditions
-Could neither raise the money to pay the veterans nor raise an army to put down the uprising
How did Congress successfully resolve competing land claims in the West by different states? (the one problem Congress was truly able to solve!)
Land Ordinance of 1785
Northwest Ordinance of 1787
What was the original purpose of this convention and how/when/why did it change?
Original purpose was to FIX the AoC
- What happened? Decided to get rid of the AoC and start over again
- Decide how America was going to be governed
- Proposed changes to the AoC
- When? 1787
What features of the new Constitution written at this convention addressed the problems experienced under the Articles of Confederation (think taxes, war, representation)
Representation
- Great Compromise-
- Federalism (multiple governments)/ seperation of power (branches)
- Electoral College (remember no mention of political parties)
War
- States give up delegate certain powers to new US government
- Ex. declare war, control army/navy
Taxes
- Congress could collect taxes from states and coin money
What was the “Great Compromise”? Who wanted what and why? What was the result?
- Great Compromise- a solution where both large and small states would be fairly represented by creating two houses of Congress
- Smaller states fighting for more representation → Senate
- Favored larger populated states → House of Representatives
- What was the result? bicameral legislature
What was the “Three-Fifths” Compromise? Who wanted what and why? What was the result? What effects did this compromise have on the maintenance and growth of slavery in the U.S.?
- ⅗ Compromise- ⅗ slaves was counted when determining a state’s total population for legislative representation and taxation (fostered continuation of slavery)
- Southern states had wanted representation apportioned by population (including slaves)
Why was no bill of rights included in the original Constitution?
Believed it was unnecessary
What is federalism?
- Multiple governments - dualsoverinty (2 governments with power given by the people)
- Powers shared between national + state
What are “delegated” powers; why are they called “delegated” (i.e., where do they come from–who “delegated” them to whom?
powers granted to the national government
State delegate certain powers to the US government
What are some of the delegated powers? (you must know at least the following six:
- Levy and collect taxes
- Coin money;
- Declare war/make rules for army/navy
- Regulate interstate commerce
- Make laws re citizenship
- Make laws regarding patents and copyrights) [you should also know at least one of the following 7. Create post offices
- Regulate trade and make alliances with foreign nations
- Borrow money
- Make laws for Washington, D.C.]);
What is the “Elastic Clause”? What is a modern example of its use? What is an early example of its use?
- a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
- Modern example: air force (none of that technology existed)
- Early example: Nation bank (nothing in the constitution Hamilton vs. Jefferson)