Lesson 11 Flashcards
Electoral college
Compromise that did not give any group the power to select the president
Enumerated powers
Powers specifically listed
Necessary and proper clause
Granted confess powe for making ball other laws that were necessary and proper for carrying out enumerated powers
Separated powers
A government of separated institutions sharing powers
Shared powers
Powers that aren’t completely separated between branches of gov but are shared among them
Americans thought that an balance of power led to
Tyranny
Many state constitutions provided for
Weak executives which were unable to check legislative powers
In many people’s opinion legislatures passed laws that
Violated rights
Challenge of creating a government with
Balanced powers
Separated powers
“Checks and balances”
Delegates wanted congress to be a
Deliberative body
Bicameral structure made it difficult to
Pass laws
Delegates believed that power to legislate is the
Greatest power possessed by government
Sought to prevent
Corruption
Members of congress not permitted to hold
Another office while serving in house or senate
Virginia plan would have given congress
Plenary powers unlike the NJ Plan
Congress became a body with enumerated powers with
Adoption of the great compromise
Congress had power to make all other laws that were
Necessary and proper for carryin out enumerated powers (necessary and proper clause)
Executive necessary for coordination of
Foreign affairs and management of treasury
Framers wanted to give executive branch enough power and independence to
Fulfill its responsibilities
Executive needed energy:
The capacity to act quickly when necessary for common defense to preserve public peace and in international relations
Delegates did not want to give executive any power or independence that
Could be abused
Deliberative body
Should thoroughly debate issues and avoid making hasty decisions
Three key matters needed to be decided to achieve balance between executive and limited gov
Single or plural executive
Term of office for executive possibility of reelection
Single or plural executive
Confess could keep watch over single
Plural would be less likely to be tyrannical
Length of office for executive
Term originally 7, committee on postponed matters chnsged to 4
Eligibility for reelection
Initially constitution didn’t set any limits on number of terms a president could serve
Delegates wee aware that group with powe to select the president would
Have power over the president
Discussed idea of direct election by people but
Rejected it believing that citizens wouldn’t know best candidates
Allowing people to elect president directly
“Trial of colours to a blind man”
Congress could neither increase or decrease a
Presidents salary once they wee in office
If president wee not chosen by congress then providing a shorter term of office would
Make the president more accountable to the people
Selection by state legislatures or governors might make president too
Sensitive to local matters
Committee of postponed matters proposed a compromise that did not give
Any group the power to select the president
(Main parts of electoral college) would be organized every
4 years to select a president
(Main parts of electoral college) each star would select members of the electoral colts:
State legislatures maintained control over how and by whole electors would be chosen
(Main parts of electoral college) each date would have the same number of
Electors as it had senators and reps in congress
(Main parts of electoral college) each elector would vote for 2 people one of which had to be
A member of a state other than the electors state
(Main parts of electoral college) person who received highest number of votes would
Become president. Next runner up would become Vice President
(Main parts of electoral college) if the top two candidates had same number of votes then house would select the president by a
Majority vote with each state only having one vote.
(Main parts of electoral college) if there was vice presidential tie the
Senate would select the Vice President in the same manner
A judicial beanch would complete the
Separation of powers
Judges would be appointed by the president and
Confirmed by the senate
All criminal trials should be
Trials by jury
Supreme Court as head of national
Jusiciary
Congress had power to create
Lesser federal tribunals
Judges should be
Independent of politics
Judges should be removed from office only if they were
Impeached and convinced of “treason, bribery, or other high crimes and misdemeanors.”
Jusiciary given the power to
Decide conflicts between state give and issues involving national gov
Frames limited powers of each branch and provided that they had some
Shared powers
Veto: president shares in
Legislative power through veto
Congress can override veto
Appointments: power to appoint
Executive branch officials and federal judges shared with confess
(Appointments) president has power to nominate people
To fill positions as branch officials and judges but senate can approve or disapprove nominations
War: president is commander in chief of armed forces but only
Congress has power to declare war. Congress controls money necessary to wage a war
Impeachment
Congress can impeach president, members of executive, and federal judges.
(Impeachment) only house can bring the charges but senate
Holds a trial to determine the officials guilt or innocence
Judicial review
Judicial branch could review acts of congress
