Section 1.5-1.6 Quiz Flashcards
Constitutional Convention
- the gathering of 55 state delegates to develop a new constitution (except Rhode Island)
- took place at the Pennsylvania State House (aka Independence Hall) in Philadelphia
Virginia Plan
- written by James Madison and proposed by Edmund Randolph
- three-branch government with a national executive chosen by the legislature, a judiciary, and a bicameral legislature
- people would elect the members of the lower house whose members would let the members of the upper house
- representation would be based on population in both houses
- made the national government supreme over the states and set clear limits for each branch
New Jersey Plan
- written by William Paterson
- assured states their sovereignty through a national government with limited and defined powers
- no national court system
- plural executive (council)
- unicameral legislature with each state having one vote
Great Compromise (Connecticut Plan)
- written by Roger Sherman
- bicameral legislature with House seats being determined by population and each state having 2 Senate seats
- Representatives elected by the people, Senators elected by state legislatures
- single executive chosen by the Electoral College
- national judiciary appointed by the president and approved by the Senate
Three-Fifths Compromise
- proposed by Roger Sherman and James Wilson
- only 3 out of 5 enslaved people would be counted to determine representation
Slave Trade Compromise
Congress could not stop the importation of slaves for 20 years after ratification
Commerce Compromise
- allowed the government to tax imports but not exports
- gave the government the ability to regulate trade between states
12th Amendment
- allows for separate elections of the President and Vice President
- associated with the election of 1800 between Thomas Jefferson and Aaron Burr
confederal system
a loose gathering of sovereign states for a common purpose
17th Amendment
Senators elected by people of a state
elastic clause
- Article I, Section 8, Line 18
- gives Congress the power to make all laws which shall be necessary and proper for executing its powers
Commander in Chief
the president; oversees and manages the U.S. military
State of the Union Address
the president’s report on the state of the Union; includes economic, military, social, and policy information
Judiciary Act of 1789
created the three-tier federal court system
full faith and credit clause
Article IV; requires states to be open about their laws and encourages them to respect one another’s laws
privileges and immunities clause
Article IV; states cannot play favorites with their own citizens or exclude outsiders from basic privileges and immunities
extradition clause
- Article IV
- a person who commits a crime in one state and flees to another must be extradited and tried in the state having jurisdiction
- responsibility of state governors
Saenz v. Roe
based on a violation of Article IV’s privileges and immunity clause and the 14th Amendment’s equal protection clause (citizens are guaranteed the right to travel and reserve their rights)
supremacy clause
Article VI; the Constitution and federal law are the supreme law of the land
Article I
creates the legislative branch (bicameral Congress) and outlines qualifications, powers, duties, terms of office, etc.
Article II
creates the executive branch/presidency and outlines qualifications, duties, and powers
Article III
creates the judicial branch and the Supreme Court
- outlines qualifications, jurisdictions, and powers
- establishes trial by jury
Article IV
- sanctity of and relationship between states
- full faith and credit clause
- rights of citizens
- admission of new states
- protection from the government
Article V
how to amend the Constitution
- proposed by 2/3 of both houses or states, ratified by 3/4 of states or state ratifying conventions
Article VI
- supremacy clause
- national debt
- oaths of office
Article VII
original requirements for ratification (9 states)
Bill of Rights
- outlines the essential rights that should be given to all citizens
- first 10 amendments
9th Amendment
citizens may be guaranteed rights not listed in the Constitution
10th Amendment
powers delegated and reserved to the states
USA PATRIOT Act
covers intelligence gathering and sharing by executive branch agencies, points of criminal procedure, and border protection
- sharing information on suspects, wire tapping and cell phone monitoring, sharing grand jury testimony/proceedings, holding illegal immigrants for longer periods
Plessy v. Ferguson
- based on a violation of the 14th Amendment through segregation of train cars
- established the “separate but equal” clause
Brown v. Board of Education
- led by Thurgood Marshall
- argued that the “separate but equal” ideology was harmful to children and facilities for black Americans were inferior to those of white Americans
- overturned Plessy v. Ferguson, striking down segregation and reinforcing the equal protection clause of the 14th Amendment
USA Freedom Act
set limits for the collection of phone and Internet data under the USA PATRIOT Act
No Child Left Behind Act (NCLB)
called for improvements in teaching methods, testing to measure progress, and sanctions for underperforming schools
Every Student Succeeds Act (ESSA)
states are free to determine their own standards for educational achievement while still upholding protections for disadvantaged students
Race to the Top
initiative that offered incentives for states to adopt new national standards or develop their own that require students to be college- and career-ready at graduation
How many Representatives and Senators serve in Congress?
435 Representatives, 100 Senators
lobbyist
person paid to represent a group
stakeholder
people or groups who are affected by policies
secretary
head of an executive department
Cabinet
consists of the secretaries of each of the executive departments; advises the president
Equal Employment Opportunity Commission (EEOC)
investigates complaints of discrimination in the workplace
Federalist No. 51
- separation of powers and checks and balances guard against tyranny
- factions; majority rule and minority rights
checks and balances
enables each branch to limit the powers of the others
veto
president’s power to reject a bill
pocket veto
an indirect veto in which the president refuses to sign a bill until the end of a legislative session
Congressional override (two-thirds override)
Congress can override the president’s veto with a two-thirds super majority vote in each house
advice and consent
the Senate can suggest appointees and must formally approve most presidential appointments
impeachment
an accusation of wrongdoing
- charges brought by the House, trial held by the Senate (Chief Justice of the Supreme Court presides)
Electoral College
- body that elects the president
- made up of electors chosen by the people (# of electors is the number of representatives that a state has in Congress)
president’s required duties
give the State of the Union address, appoint federal officials, serve as Commander in Chief, make treaties, convene/adjourn Congress, take care that the laws are faithfully executed
president’s traditional duties
de facto head of party, Chief of State
