The Art Of Compromise (Unit 2 Test) Flashcards
Constitutional Convention (4 W’s)
Who? 55 delegates (all of the states), EXCEPT rhode island
When? May- September 1787
Where? Pennsylvania State House (Independence Hall)
Why? Revise Articles of Confederation and Remodeling government (create a more perfect union)
Who was the president of the constitutional convention?
George Washington
Madison’s Notes during the Constitutional Convention
Make a list of rules that were agreed upon, make a list of rules regarding secrecy (to prevent violence, mobs), did not agree on the rule that they should write down everyone’s opinions, because they can change and it was unnecessary)
How the Constitution addresses the shortfalls of the AOC (articles of confederation)
Funding (couldn’t collect taxes), State vs. Federal Power (State Power was bigger than Federal), and Defense (no money, no military)
Shay’s Rebellion (5 W’s)
Who? Poor farmers and poor veterans
Why? Collected taxes from debt
Who? Daniel Shays
When? 1786-1787
Why is significant? One of the main reasons why AOC was revised.
Where? Mostly, Massachusetts protests
How did Shay’s Rebellion affect the Constitution?
Created a necessity for a strong executive branch and military
Land Ordinance (1785)
Who? Congress
What? Signified the U.S. interest of Westwards expansion.
When? 1785
Where? Terretories west of Appalachians
Why? Allowed westward expansion
Northwest Ordinance (1787)
Who? Congress, slavery outlawed territories
What? A law on how territories became states
When? 1787
Where? Wisconsin, Illinois, Indiana, Michigan, Ohio
Why? Systematic method for growing as a country
Virginia Plan
Virginia wants to tax the slaves, since they want to profit off of them (big population) - Madison
New Jersey Plan
New Jersey does NOT want to tax slaves (small population) - Patterson
Connecticut Compromise/Great Compromise
2 houses in congress - House of Representatives (to please Virginia) and Senate (to please New Jersey)
3/5 Compromise (part of great compromise)
3/5 of slave population would be counted towards general population
Connecticut Compromise (Creator)
Roger Sherman
Small vs. Large states
Small states - small population
Large states - big population
Preamble, what was the purpose and meaning?
Show and state intentions, goals, and purposes of founding fathers
To create a more perfect union.
Who breaks a tie in a vote between the senate?
The Vice President
Veto Process:
- 2/3 of HOR
- 2/3 of Senate vote to override veto
Who has the power to create inferior courts?
Congress
What does Article I of the Constitution refer to?
The Legislation Branch
Article II?
Executive Branch
Article III?
Judicial Branch
Article IV?
State Power
Article V?
Amendments
Article VI?
Federal Powers
Article VII?
Ratification (Officially signed)
How many members in House of Representatives?
435 members
How many members are in the Senate?
100 members
How long are House of Representative term lengths?
2 years
How long are Senate term lengths?
6 years
Is HOR inhabitant of state?
yes
Is the Senate inhabitant of state?
yes
What is needed to meet the quorum?
At least half need to attend
“Power of the Purse”?
House of Representatives
Explain process of a bill becoming a law
1) Introduced by Legislative
2) Presented to executive branch
3) If President does not sign/veto it after 10 days, becomes passed, if signed, becomes a law
List a couple designated powers to Congress
To declare war
To coin money
To raise and support army
Make rules/laws for government
What is the Executive branch power vested in?
The president/vice president
of electors =
whole # of senators + representatives
President must be
Natural born citizen
35 years old
14 year old resident in U.S.
President wins election if…
he/she receives most of majority electoral votes
President is the commander and chief of the…
Army and Navy
The President and Vice can be removed from office on impeachment for…
- Treason
- Bribery
- other High crimes
Judicial Branch is made up of..
The Supreme Court (hold trials)
Is it possible that the current 50 states may be split up into even more states?
No, since the constitution states, “no new states inside other states”
What is the Supreme Law of Land?
The Constitution
How many states needed to ratify the constution?
9 out of 13 states
When was the constitution signed on?
September 17th, 1987
Federalist believes in
Strong federal gov.
What was campaigning like in colonial era?
Spoke with voters in person and greeted them at polls
What is voice voting
- Sheriff would call out name of each voter
- Voter would call out the candidate they wished to vote for
- Verbal vote was recorded
- Candidate would rise and personally thank the person for voting
What group was broadly permitted to vote in Colonial America?
White Property Owners (not anyone else)
What is the Electoral College?
Compromise between the election of the president by vote in Congress and popular vote of qualified citizens
What groups should be targeted for higher voter turnout?
18-24 year olds, Hispanics, and Men
What are the 6 principles of the Constitution?
Popular Sovereignty, Limited government, Separated Powers, Federalism, Checks & Balances, Judicial Review
What is Popular Sovereignty?
The principle that the authority of state and it’s government are created and sustained by the consent of its people
Ratification
Signed on September 17th, 1787, but ratified by 9th state on June 21st, 1788, and by 13th state in May 1790
What is Limited Government?
A government that is subject to strict, pre-defined limits on it’s awful uses of power.
Expressed Powers vs. Implied Powers
Expressed Powers are powers of congress that are clearly listed/written in the Constitution, while implied congress powers are not listed in the constitution but are implied by those that are
What is an example of an implied power affected by expressed power
Implied - Using a military draft
Expressed- To raise and support armies, organizing the militia, calling people into the militia, etc.
What is the Elastic/Necessary Clause?
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.
Why is it called the Elastic Clause?
Congress has a lot of flexibility, powers can stretch
Why is the Elastic Clause clause often used?
To justify the creation of laws
Strict Constructionists
- Against in morphing constitution
- Believe exactly what is written in the Constitution
- Restricts Judicial interpretation
- Describes conservative judges
Who is an example of a strict constructionist?
Antonin Scalia
What is a Loose Constructionist?
- Believe in a living constitution
- Believe that issues in today’s world are different then when it was first made, so we are allowed to change the Constitution slightly.
-More power to Federal Government
Who is an example of a Loose Constructionist?
Erwin Cherminsky
What does Judicial mean?
Of relating to the court system, or the judicial branch of government
What is “Judicial Review” reviewing?
If a legislative act is constitutional or not
Definition of Judicial Review?
The power of Supreme Court to declare acts as constitutional
John Adams
(Federalist) Was president, then Jefferson wins next election
Thomas Jefferson
(Democratic Republican) - Wins election
Lame Duck Period
Period where previous president is still in office, still new president has not had inauguration yet
John Marshall
Chief Justice of Supreme Court, in 1803, ruled that the supreme court didn’t have the power to make Madison hand over Marbury’s commission (Judiciary Act of 1789)
What Happened in Marbury vs. Madison
- Adams (Lame Duck Period) appoints federalist judges to supreme court
- Final document (commission) that is the final step to appointing these judges is not delievered in time, and Jefferson tells Madison (Secretary of state) to hold onto these commissions
- One of those federalist judges, William Marbury, sued Madison for this.
Judiciary Act of 1789
Places limits on Supreme Court, Section 13 of this law violated Constitution (Marshall brought this up).
Alexander Hamilton
Federalist
What is Federalism?
The division of power between the national, state, and local governments
List some Federal Powers
- Declare and Engage War
- conduct elections
- Print and Coin money
- Maintain an Army, navy, and force
- Set up post office
List some State Powers
- Regulate interstate commerce
- Establish and maintain schools
List some shared Powers
- Levy and Collect Taxes
- Protect the rights of citizens
- Set traffic standards
- Govern marriage laws
- Protect public health
What is Dual Federalism?
Power divided between the federal, state, and local government in clearly defined terms
When was Dual Federalism important?
1800s, 1900s
What is Cooperative Federalism?
Federal, state, and local government share the responsibility for governing.
When was Cooperative Federalism important?
1930s–> Present day
What is “Separation of Powers”?
Dividing the powers of government among executive, legislative, and judicial branch
Powers of Executive Branch/President
- Commander in Chief of Army & Navy
- Appoint Federal Positions
- Pocket veto (Doesn’t sign it, still veto it)
- Pardon Power (can pardon offences)
What is the State of the Union
Where President gives a speech on all the issues facing Americans, and offers his ideas on solving these problems
U.S. Supreme Court has…
inferior courts
What three courts are there in the federal system?
District Courts (trial courts), U.S. Courts of Appeal , and the Superior Supreme Court
Habeas Corpus
(Article 1, Section 9), a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention
So in simple terms what is asking for writ of habeas corpus?
Asking the government, “WHY YOU LOCKIN ME UP?” and they have to provide a reason as to why they are arresting you and putting you in jail system.
Purpose of habeas corpus?
Ensures no one is held without charge, prevents unlawful imprisonment.
1st Amendment
Congress can’t make any law that:
- Favors one religion over another religion
- Stops you from practicing your religion
- Keeps you from saying whatever you want
- Prevents newspapers, magazines, books, movies, radio, television or the internet from presenting any news, ideas, and opinions
- Stops you from meeting peacefully for a demonstration or protest
2nd Amendment
Congress can’t stop people from having and carrying weapons.
3rd Amendment
You don’t have to let soldiers live in your house, except if there is a war, and even then Congress needs to pass a law and set the rules.
4th Amendment
Nobody can search your body, or your house, or your papers and things, unless they can prove to a judge that they have a good reason for the search.
5th Amendment
- You can’t be tried for any serious crime without a Grand Jury meeting first to decide whether there’s enough evidence against you for a trial;
- If at the end of a trial, the jury decides you are innocent, the government can’t try you again for the same crime with another jury;
- You cannot be forced to admit you are guilty of a crime and if you choose not to, you don’t have to say anything at your trial at all;
- You can’t be killed, or put in jail, or fined, unless you were convicted of a crime by a jury and all of the proper legal steps during your arrest and trial were followed;
- The government can’t take your house or your farm or anything that is yours, unless the government pays for it at a fair price.
6th Amendment
- You have a right to have your trial soon and in public, so everyone knows what is happening;
- The case has to be decided by a jury of ordinary people from where you are, if you wish;
- You have the right to know what you are accused of doing wrong and to see and hear and cross-examine the people who are witnesses against you;
- You have the right to a lawyer to help you. If you cannot afford to pay the lawyer, the government will.
7th Amendment
You also have the right to a jury when it is a civil case (a law case between two people rather than between you and the government).
8th Amendment
The government can’t make you pay more than is reasonable in bail or in fines, and the government can’t inflict cruel or unusual punishments (like torture) even if you are convicted of a crime.
9th Amendment
Just because these rights are listed in the Constitution doesn’t mean that you don’t have other rights too.
10th Amendment
Anything that the Constitution doesn’t say that Congress can do, is left up to the states and to the people.
Who creates inferior courts?
Congress
