The Constitution and it's Origins Flashcards
Anti-Federalists
those who did not support ratification of the Constitution
Articles of Confederation
the first basis for the new nation’s government; adopted in 1781; created an alliance of sovereign states held together by a weak central government
bicameral legislature
a legislature with two houses, such as the U.S. Congress
Bill of Rights
the first ten amendments to the U.S. Constitution; most were designed to protect fundamental rights and liberties
checks and balances
a system that allows one branch of government to limit the exercise of power by another branch; requires the different parts of government to work together
confederation
a highly decentralized form of government; sovereign states form a union for purposes such as mutual defense
Declaration of Independence
a document written in 1776 in which the American colonists proclaimed their independence from Great Britain and listed their grievances against the British king
enumerated powers
the powers given explicitly to the federal government by the Constitution (Article I, Section 8); power to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs
federal system
a form of government in which power is divided between state governments and a national government
Federalists
those who supported ratification of the Constitution
Great Compromise
a compromise between the Virginia Plan and the New Jersey Plan that created a two-house Congress; representation based on population in the House of Representatives and equal representation of states in the Senate
natural rights
the right to life, liberty, and property; believed to be given by God; no government may take away
New Jersey Plan
a plan that called for a one-house national legislature; each state would receive one vote
republic
a form of government in which political power rests in the hands of the people, not a monarch, and is exercised by elected representatives
reserved powers
any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government
separation of powers
the sharing of powers among three separate branches of government
social contract
an agreement between people and government in which citizens consent to be governed so long as the government protects their natural rights
supremacy clause
the statement in Article VI of the Constitution that federal law is superior to laws passed by state legislatures
The Federalist Papers
a collection of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay in support of ratification of the Constitution
Three-Fifths Compromise
a compromise between northern and southern states that called for counting of all a state’s free population and 60 percent of its enslaved population for both federal taxation and representation in Congress
unicameral legislature
a legislature with only one house, like the Confederation Congress or the legislature proposed by the New Jersey Plan
veto
the power of the president to reject a law proposed by Congress
Virginia Plan
a plan for a two-house legislature; representatives would be elected to the lower house based on each state’s population; representatives for the upper house would be chosen by the lower house
Most significant contributions of John Locke
The most significant contributions of Locke, a seventeenth-century English philosopher, were his ideas regarding the relationship between government and natural rights, which were believed to be God-given rights to life, liberty, and property.
Magna Carta
a promise from King John to his subjects that he and future monarchs would refrain from certain actions that harmed, or had the potential to harm, the people of England.
What part of the constitution did this clause “No freemen shall be taken, imprisoned . . . or in any way destroyed . . . except by the lawful judgment of his peers or by the law of the land.” from the Magna Carta inspire?
The fifth and sixth amendment
Natural rights as Locke described them
The natural rights Locke described had been granted by God and thus could never be abolished by human beings, even royal ones, or by the institutions they created
What did Locke believe about property?
He believed that anyone should have the right to aquire property in any way they chose as long as they didn’t take it away from others.
How did the American Revolution begin?
The American Revolution began when a small and vocal group of colonists became convinced the king and Parliament were abusing them and depriving them of their rights.
What was the catalyst so that a lot of people became unhappy under British rule.
The colonists that had fought for Britain were hoping to be rewarded with land, but Britain didn’t want to take it away from the Native Americans. To pay off the war, the British directly taxed the citizens which made them mad.
Why did taxes make the British so mad?
Because the colonists had not consented to direct taxation, their primary objection was that it reduced their status as free men.
Who taxed the colonists?
Taxes were imposed by the House of Commons, one of the two houses of the British Parliament.
First tax that irked the colonists?
The Stamp Act
What was the stamp act?
required that almost all paper goods, such as diplomas, land deeds, contracts, and newspapers, have revenue stamps placed on them. (these stamps costed money which was the tax)
Townshend Acts
which imposed taxes on many everyday objects such as glass, tea, and paint.
How did the colonists fight back against the taxes?
They boycotted british goods
How did the British officials respond to the boycott?
British officials threatened to suspend the legislatures of colonies that engaged in a boycott and, in response to a request for help from Boston’s customs collector, sent a warship to the city in 1768.
What happened when the british troops arrived (sent by the British officials because of the boycott)
Boston Massacure
Boston Massacure
an altercation erupted outside the customs house. Shots rang out as the soldiers fired into the crowd (Figure 2.3). Several people were hit; three died immediately.
Which state did Boston lose the most support from after the Boston Massacure?
Massechuses (duh)
Boston tea party
In December 1773, a group of Boston men boarded a ship in Boston harbor and threw its cargo of tea, owned by the British East India Company, into the water to protest British policies, including the granting of a monopoly on tea to the British East India Company, which many colonial merchants resented.
How did Parliament respond to the Boston tea party
defiance by passing a series of laws called the Coercive Acts
Purpose of coercive acts
intended to punish Boston for leading resistance to British rule and to restore order in the colonies.
What did the coercive acts do?
These acts virtually abolished town meetings in Massachusetts and otherwise interfered with the colony’s ability to govern itself.
How did the people in Massachusetts react to the coercive acts?
delegates from all the colonies except Georgia formed the First Continental Congress to create a unified opposition to Great Britain. Among other things, members of the institution developed a declaration of rights and grievances.
Declaration of Causes
explained the colonies’ reasons for rebellion.
Who drafted the declaration of causes
congress
What happened two days after congress declared America as independent?
the declaration of indepencence was signed
Who drafted the declaration of independence
Thomas Jefferson
Articles of Confederation
formed the basis of the new nation’s government,
When was the final draft of the Articles of Confederation accepted by congress
November 1777
Why did Maryland hesitate to accept the Articles of Confederation
Maryland argued that all territory west of the Appalachians, to which some states had laid claim, should instead be held by the national government as public land for the benefit of all the states.
republic
, a regime in which the people, not a monarch, held power and elected representatives to govern according to the rule of law.
Why were people nervous about implementing a republic in America?
Many, however, feared that a nation as large as the United States could not be ruled effectively as a republic. Many also worried that even a government of representatives elected by the people might become too powerful and overbearing.
What was the government of america
confederation
confederation
created—an entity in which independent, self-governing states form a union for the purpose of acting together in areas such as defense.
What did the thirteen states do following the declaration of independence
Following the Declaration of Independence, each of the thirteen states had drafted and ratified a constitution providing for a republican form of government in which political power rested in the hands of the people, although the right to vote was limited to free (White) men, and the property requirements for voting differed among the states.
Why does the central government had authority to act in only a few areas
This arrangement was meant to prevent the national government from becoming too powerful or abusing the rights of individual citizens.
citizens. In the careful balance between power for the national government and liberty for the states, the Articles of Confederation favored the ________
states
Continental Congress became the what
Confederation Congress,
What did the Confederation Congress have the power to do?
had the authority to exchange ambassadors and make treaties with foreign governments and Indian tribes, declare war, coin currency and borrow money, and settle disputes between states.
How long could delegates serve
Delegates could serve for no more than three consecutive years, and could be repealed at any time
Could the state send in multiple delegates?
Yes but regardless of its size or the number of delegates it chose to send, each state would have only one vote.
What desire did the Articles of Confederation satisfy?
The Articles of Confederation satisfied the desire of those in the new nation who wanted a weak central government with limited power.
What went wrong with the articles of confederation?
they made the gov too weak
What was one of the biggest problems with the national government that made it too weak
it had no power to impose taxes
How did the national gov pay for it’s expenses if it couldn’t tax the people
it taxed the states
Why did taxing the states not work
The states were negligent of the duty to pay up
How did the nation suffer because of no taxes
The nation, which was already in debt from the warm couldn’t pay it off. This meant they struggled to have good foriegn relations
Continental
the currency the government issued (largely worthless people refuesed to use it)
Other than the lack of ability to implace taxes, what was another one of the American government’s economic woes
The country’s economic woes were made worse by the fact that the central government also lacked the power to impose taxes on imports or exports
What did the British do to the Americans economy to make it worse?
They flooded the market with low priced goods so that American goods suffered from the competition
Why did the government lack the ability to raise a navy or army
The power to form a military was left to the states.
Why was this a prob: The national government could not impose taxes on citizens. It could only request money from the states.
Requests for money were usually not honored. As a result, the national government did not have money to pay for national defense or fulfill its other responsibilities.
Why was this a prob:The national government could not regulate foreign trade or interstate commerce.
The government could not prevent foreign countries from hurting American competitors by shipping inexpensive products to the United States. It could not prevent states from passing laws that interfered with domestic trade.
Why was this a prob:The national government could not raise an army. It had to request the states to send men.
State governments could choose not to honor Congress’s request for troops. This would make it hard to defend the nation.
Why ws this a prob: Each state had only one vote in Congress regardless of its size.
Populous states were less well represented.
Why was this a prob: The Articles could not be changed without a unanimous vote to do so.
Problems with the Articles could not be easily fixed.
Why was this a prob:There was no national judicial system.
Judiciaries are important enforcers of national government power.
What did the weaknesses of the Articles of Confederation lead to?
A rebellion of Massachuses farmers led by Daniel Shays
What was the rebellion of Massachuses farmers called
Shays rebellion
To find a solution and resolve problems related to commerce, _____________________________________________
members of Congress called for a revision of the Articles of Confederation.
What was the purpose of the convention in Annapolis
to revise the Articles of Confederation
Why wasn’t the convention in Annapolis succesful
However, only five states sent representatives. and all thirteen states had to agree to any alteration of the Articles,
What happened after the failure in Annapolis
Two of the delegates, Alexander Hamilton and James Madison, requested that all states send delegates to a convention in Philadelphia the following year to attempt once again to revise the Articles of Confederation.
What decision was made at the convention in Philadelphia
the convention that met in Philadelphia in 1787 decided to create an entirely new government.
Constitutional Convention
the convention in Philodelphia
What was the only decision at the constitutional convention that everyone agreed on
George Washington, the former commander of the Continental Army and hero of the American Revolution, as the president of the convention.
The Question of Representation: Small States vs. Large States
The number of a state’s representatives in each house was to be based on the state’s population. In each state, representatives in the lower house would be elected by popular vote. These representatives would then select their state’s representatives in the upper house from among candidates proposed by the state’s legislature.
Which states objected to the Virginia plan
small states
Legislature of virginia plan
bicameral legislature (2 houses)
Legislature of New Jersey plan
unicameral legislature with (1 house)
Representation of virginia plan
population based (higher population yields more representation)
Representation of New Jersey plan
state based (each state is equally represented)
What was a fundamental division between the states after the revolution
The northern states opposed slavery (not the southern states)
The greatest division among the states
those who favored a strong national government and those who favored limiting its powers and allowing states to govern themselves in most matters.
Those who supported the idea of a strong central government argued:
government argued that it was necessary for the survival and efficient functioning of the new nation.
Those who didn’t support the idea of a strong central government argued:
a strong national government might become too powerful and use its authority to oppress citizens and deprive them of their rights.
what document was created to make the blueprint for our nation
The document they created, the U.S. Constitution, was an ingenious instrument that allayed fears of a too-powerful central government and solved the problems that had beleaguered the national government under the Articles of Confederation.
What does the constitution consist of?
a preamble and seven articles.
What do the first three articles of the constitution do?
The first three articles divide the national government into three branches—branches—Congress, the executive branch, and the federal judiciary
Where did the debate over the New Jersey and the Virginia plans end?
The Great Compromise
The Great compromise
Congress, it was decided, would consist of two chambers: the Senate and the House of Representatives. Each state, regardless of size, would have two senators, making for equal representation as in the New Jersey Plan. Representation in the House would be based on population. Senators were to be appointed by state legislatures, a variation on the Virginia Plan.
Power of congress
- Power to tax
- Mantain army +navy
- regulate trade and commerce
- coin and borrow money
- grant patents and copyrights
- declare war
- establish laws regulating naturalization and bankruptcy.
What debate did the great compromise lead to?
When states took a census of their population for the purpose of allotting House representatives, should enslaved people be counted?
What was the southern states’ position on whether slaves should be counted when there was a census
Southern states were adamant that they should be,
What was the northern states’ position on whether slaves should be counted when there was a census
delegates from northern states were vehemently opposed, arguing that representatives from southern states could not represent the interests of those enslaved.
Three-Fifths Compromise
- every 5 enslaved people counted as 3 person for the census
Did the constitution protect slavery?
IT had 2 protections for slavery
First protection of slavery by the constitution
Article I postponed the abolition of the foreign slave trade until 1808, and in the interim, those in slaveholding states were allowed to import as many enslaved people as they wished.8
Second protection of slavery byt he constitution
Article IV of the Constitution—which, among other things, required states to return freedom seekers to the states where they had been charged with crimes—also prevented the enslaved from gaining their freedom by escaping to states where slavery had been abolished. abolished. Clause 3 of Article IV (known as the fugitive slave clause) allowed enslavers to reclaim the enslaved in the states where they had fled.9
The chief concern of congress
the challenge of increasing the authority of the national government while ensuring that it did not become too powerful. The
How did congress regulate the government
with the separation of powers
Seperation of powers
, dividing the national government into three separate branches and assigning different responsibilities to each one
How did the seperation of powers regulate the gov?
They made each branch depend on one another, but also restrict one another
Three branches of gov
- Executive branch
- Judicial Branch
- Legislative Branch
Executive branch
President is…
…commander-in chief of the nations armed forces
…responsible for conducting foriegn affairs
… appoints federal judges ambassadors and heads of the executive departments
… May grant pardons to those who have broken the federal laws
…has the power to veto legislation passed in congress
Judicial branch
Supreme court hears cases regarding federal law and this is the nations final court of appeal
Supreme court has the power to declare laws and actions by the executive branch unconstitutional
Chief justice of the supreme court presides over impeachable rules
Legislative
- congress has the power to pass legislation
- Congress may declare war
- senate has the power to ratify treaties signed by the president
- Senate must give it’s consent to the presidents appointment of federal judges, ambassadors, and the heads of executive departments
- Congress may impeach the president or remove him or her from office
- Congress may establish the number of Supreme Court justices and regulate the Court’s jurisdiction
Federal system
In a federal system, power is divided between the federal (or national) government and the state governments.
Great or explicit powers, called enumerated powers, were granted to the federal government to :
declare war, impose taxes, coin and regulate currency, regulate foreign and interstate commerce, raise and maintain an army and a navy, maintain a post office, make treaties with foreign nations and with Native American tribes, and make laws regulating the naturalization of immigrants.
reserved powers
All powers not expressly given to the national government, however, were intended to be exercised by the states. These powers are known as reserved powers
What did the the supremacy clause in Article VI of the Constitution proclaim?
In the event of a conflict between the states and the national government, the national government would triumph.
Why did the Constitution also giving the federal government control over all “Territory or other Property belonging to the United States.” prove to be problematic?
as the United States expanded westward and population growth led to an increase in the power of the northern states in Congress, the federal government sought to restrict the expansion of slavery into newly acquired territories.
Why did there need to be a ratification process for the constitution
The constitution required that nine of the 13 states consent to the constitution before it became a law
If the constitution took away power from the states how did the gov get the state gov to agree to it
They were not being asked to relinquish their power; in fact, they were being asked to place limits upon the power of their state legislators, whom they may not have elected in the first place.
The greatest sticking point when it came to the ratification
the relative power of the state and federal governments.
What was perhaps the greatest source of dissatisfaction with the Constitution
it didn’t guarantee individual liberties
Which size states did the voting to implement a stronger gov benefit the most
smaller states
The ratifications divided America into two groups:
the fedralists and the anti- fedralists
federalists
supported the ratification
anti- fedralists
didn’t support the ratification
Who one, the federalists or the anti federalists
the federalists
Typical anti-federalist
distrusted the elite
Reasons Hamilton argued for a president:
Argued Americans should realize that it was easier to control one person than it was to control many, and that 1 person could make decisions quicker than congress
What fears was the Bill of Rights meant to console
The Bill of Rights was intended to quiet the fears of Anti-Federalists that the Constitution did not adequately protect individual liberties
A major problem with the Articles of Confederation
the nation’s inability to change them without the unanimous consent of all the states.
Madison’s proposed procedure (what two ways can amendments be created)
- Proposed by congress (then must be approved by the house of reps and the senate)
- A second method of proposal of an amendment allows for the petitioning of Congress by the states: Upon receiving such petitions from two-thirds of the states, Congress must call a convention for the purpose of proposing amendments, which would then be forwarded to the states for ratification by the required three-quarters. All the current constitutional amendments were created using the first method of proposal (via Congress).
Why is the constitution a living breathing document?
Because of the ability to change it
Articles of Confederation
the first basis for the new nation’s government; adopted in 1781; created an alliance of sovereign states held together by a weak central government
bicameral legislature
a legislature with two houses, such as the U.S. Congress
Bill of Rights
the first ten amendments to the U.S. Constitution; most were designed to protect fundamental rights and liberties
checks and balances
a system that allows one branch of government to limit the exercise of power by another branch; requires the different parts of government to work together
confederation
a highly decentralized form of government; sovereign states form a union for purposes such as mutual defense
Declaration of Independence
a document written in 1776 in which the American colonists proclaimed their independence from Great Britain and listed their grievances against the British king
enumerated powers
the powers given explicitly to the federal government by the Constitution (Article I, Section 8); power to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs
federal system
a form of government in which power is divided between state governments and a national government
Federalists
those who supported ratification of the Constitution
Great Compromise
a compromise between the Virginia Plan and the New Jersey Plan that created a two-house Congress; representation based on population in the House of Representatives and equal representation of states in the Senate
natural rights
the right to life, liberty, and property; believed to be given by God; no government may take away
New Jersey Plan
a plan that called for a one-house national legislature; each state would receive one vote
republic
a form of government in which political power rests in the hands of the people, not a monarch, and is exercised by elected representatives
reserved powers
any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government
separation of powers
the sharing of powers among three separate branches of government
social contract
an agreement between people and government in which citizens consent to be governed so long as the government protects their natural rights
supremacy clause
the statement in Article VI of the Constitution that federal law is superior to laws passed by state legislatures
The Federalist Papers
a collection of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay in support of ratification of the Constitution
Three-Fifths Compromise
a compromise between northern and southern states that called for counting of all a state’s free population and 60 percent of its enslaved population for both federal taxation and representation in Congress
unicameral legislature
a legislature with only one house, like the Confederation Congress or the legislature proposed by the New Jersey Plan
veto
the power of the president to reject a law proposed by Congress
Virginia Plan
a plan for a two-house legislature; representatives would be elected to the lower house based on each state’s population; representatives for the upper house would be chosen by the lower house
