FSOT US history Flashcards
How many amendments in US Constitution?
27
What are the articles of confederation?
year 1777
Agreement by 13 colonies
A guiding principle of the Articles was the establishment and preservation of the independence and sovereignty of the states.
The Articles consciously established a weak federal government, affording it only those powers the former colonies had recognized as belonging to king and parliament.
What is the Bill of Rights?
First 10 amendments of the U.S. Constitution
It guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion.
List amendments in bill of rights
- free speech, freedom of religion, freedom to gather
- bear arms
- prevents government from forcing homeowners to allow soldiers to use their homes
4.bars the government from unreasonable search and seizure - due process for all
- right to speedy and public trial by an impartial jury
- extends the right to a jury trial in Federal civil cases
- bars excessive bail and fines and cruel and unusual punishment
- listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out
- Federal Government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people
What previously existing constitutions influenced James Madison?
Magna Carta (1215)
English Bill of Rights (1689)
What is the 27th amendment and when did it become part of the constitution?
1992 - any law that increases or decreases the salary of members of Congress may take effect only after the next election of the House of Representatives has occurred
Marbury v. Madison
came about from 1800 presidential election
William Marbury - Georgetown businessman
James Madison - incoming secretary of state at the time
A writ of Mandamus was brought to the supreme court
unanimous decision by court in 1803.
1. Marbury had the right to his commission
2. the court is empowered to enforce appointments
3. the act which empowered the court was itself unconstitutional
This case gave the supreme court lots of power
Most important outcome is that it provided the court the right to Judicial review
Who is the 3rd president
Thomas Jefferson
native of Virginia
previously secretary of state and cousins with John Marshall (supreme court judge)
Describe the Judiciary Act of 1801
Expanded the size and legal jurisdiction of the federal courts while reducing the power of the Supreme Court
What is a writ of Mandamus and which legal case is it known for?
A way for the Supreme Court to mandate a government official to properly fulfill their official duties
Came from Marbury v. Madison 1800
What kind of order did Marbury ask the Supreme Court to issue in order to force Madison to hand over Marbury’s Commission?
a. Judicial review
b. Search warrant
C. writ of mandamus
d. executive order
C. Writ of mandamus - allows the supreme court to force madison’s comission to be accepted