The Constitution Flashcards
Articles of Confederation and Perpetual Union
(1781-1789)
To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting.
Articles of Confederation and perpetual Union between the states of New Hampshire, Massachusetts-bay Rhode Island and Providence
Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and
Georgia.
I.The Stile of this Confederacy shall be “The United States of America”.
II.Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this
Confederation expressly delegated to the United States, in Congress assembled.
III.The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of
their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks
made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.
Constitutional Convention
in Philadelphia in 1787: debate and conflicts—-
Federalist Anti-Federalist debate, a.k.a. Hamiltonian-Jeffersonian debate; drafting
the document; ratification deal and compromise
- NEW Constitution
effective date : March 4, 1789
- federal republic
federalism: unity without uniformity
- philosophical background
social contract (Cicero, Aristotle; Locke and Rousseau)
separation of powers (Montesquieu)
checks and balance
- PARTS
Preamble
seven Articles
27 Amendments (Bill of Rights and 17 amendments)
Article 1: The Legislative Branch (law-making)
- structure: bicameral Congress
the House of Representatives: (435 members, proportionate representation, at least
25 yrs., 7 yrs. of citizenship, resident of the state, elected for 2 years every second
year)
the Senate: (100 members, equal representation, at least 30 yrs., 9 yrs. for
citizenship, resident of the state, elected for 6 yrs., 1/3 is reelected every two
years
THINGS CONGRESS CAN AND CANNOT DO:
- Powers and duties: Article 1. Section 8. (17 enumerated powers and the necessary
and proper or elastic clause): law-making, coin money, borrow money, lay and collect
taxes, regulate commerce, budget-power of the purse)
LAW-MAKING
bill— House of Representatives—Senate—-President can veto a bill—
-goes back to Congress; if 2/3 of both houses vote yes—bill becomes a law
Article 2: the Executive branch (law- enforcing)
- structure:
the President and his Cabinet (heads of the executive departments, appointed by
the Pr. and responsible for the Pr.
Departments
the Executive Office of the president
the White House Staff
independent governmental agencies - Powers and duties: Article 2. Section 2: enforces laws, head of state, commander-inchief of the US armed forces, power of appointment, presidential pardon, representative
of the US abroad, propose laws, makes and signs treaties
Article 3: the Judicial branch (law-interpreting)
1. structure: the Supreme Court federal courts of appeal federal district courts 2. powers and duties: tries cases involving the federal government and a state, states and a citizen and the US
Article 4
Relationship of States to Each Other (fair treatment, fugitives, Civil War)
Article 5
amendments
Article 6
supremacy clause
Article 7
ratification (9 out of the original 13 states had to ratify)