The Constitution - P2 Flashcards

1
Q

What are the 4 main types of federalism ?

A
  1. Dual Federalism / Layer Cake Federalism (1789-1930s)
  2. Cooperative Federalism (1930s-1960s)
  3. Coercive Federalism (1960s - 1980s)
  4. New Federalism (1980s - 1990s)
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2
Q

What was the Declaration of Independence?

A

A document declaring the independence of the 13 colonies (states) from British rule and claimed sovereignty of a new nation.

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3
Q

When was the Declaration of Independence?

A

4th of July 1776

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4
Q

What were the Articles of Confederation?

Why were they replaced?

A

The Articles of Confederation was a first attempt at a Constitution. The primary aim was to protect the rights of the 13 states, and create a very weak national government.

They were replaced because the federal government failed to function and unelected state legislative branches began to dominate. Congress had no enforceable powers of taxation, so Congress had no means to enforce its will/regulate trade.

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5
Q

When were the Articles of Confederation?

A
1776 = drawn up 
1777 = passed
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6
Q

What were the views of federalists?

A

Federalists = favoured stronger central government. also preferred indirect democracy/ the trustee model of representation as they believed the opinion of the common man needed to be filtered.

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7
Q

What were the views of anti - federalists?

A

Anti-federalists = were opposed to any strengthening of central government at the expense of the states. also preferred the delegate theory of representation and would ideally have no representatives but assemblies of the people instead.

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8
Q

What happened at the Philadelphia Convention (Constitution Convention) ?

A

The convention that replaced the Articles of Confederation with the current US Constitution.

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9
Q

When was the Philadelphia Convention?

A
1787 = signed 
1788 = ratified
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10
Q

What was the Connecticut Compromise ?

A

The combination of the New Jersey Plan (wanted to keep 1 rep per state) and the Virginia Plan (wanted proportional representation) that balanced the needs of smaller and larger states by creating a bicameral legislature with the Senate and the House.

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11
Q

What is the Bill of Rights?

A

The first 10 approved amendments to the constitution.

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12
Q

Why was the Bill of Rights created?

A

Created to appease anti-federalists who were concerned that individual rights were being infringed.

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13
Q

What were the three compromises of the constitution?

A
  1. form of government = compromise of unitary (centralised) and confederal (individual) government resulted in a federal government.
  2. state representations = connecticut compromise
  3. choosing of president = compromise of appointed or elected president resulted in president being indirectly elected through the electoral college
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14
Q

What does Article 1 of the Constitution outline?

A

Article 1 established the role of Congress. It outlined that it should be made up of two chambers/ the way representatives should be elected/ the terms in office/ the powers.

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15
Q

What does Article 2 of the Constitution outline?

A

Article 2 established the role of the Executive. It created the role of President and outlined his methods of election, terms in office and powers.

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16
Q

What does Article 3 of the Constitution outline?

A

Article 3 established the role of the United States Supreme Court. It laid out the judges’ terms of office and their jurisdiction. Jurisdiction = the extent of the power to make judicial decisions and the systems of the law courts.

17
Q

What are the 5 key principles of the Constitution?

A
  1. Republicanism
  2. Separation of powers
  3. Checks and balances
  4. Federalism
  5. Preservation of individual rights
18
Q

What are the two stages of amending the Constitution?

A
  1. proposal

2. ratification

19
Q

How are amendments proposed?

A
  1. Congress : 2/3 majority in both the House and the Senate
    OR
  2. National Constitutional Convention : called by at least 2/3 of state legislators. (this technique has never been used)
20
Q

When was the Bill of Rights introduced?

A

1791

21
Q

What are the 5 reasons the Constitution has been amended so infrequently?

A
  1. Deliberately difficult amendment process
  2. Vague language
  3. Power of judicial review from the Supreme Court4. 4. Prestige and reverence of constitution
  4. Repealing of 18th Amendment