The Founding & the Constitution Flashcards
Articles of Confederation
Americas first written constitution, basis for Americas national government till 1789
- Limited government power
- Weak central government
What were the weaknesses of the articles of confederation?
-National governments dependent on state militias
-State law supreme
-Unicameral legislature, weak central government
-No executive branch
-No federal courts only state (no solid judicial system)
-States dependent to collect taxes (no tax authority)
-Unanimous approval to amend articles or make laws
What was the key event that led to the constitution and why?
Shays rebellion- Daniel shay led a mob of debt-ridden farmers to prevent foreclosures on their land. Attempted to capture the federal arsenal, showed weak congress by being unable to act decisively in a time of crisis
What kind of government did the founding fathers create?
Created a federal democratic republic where power was divided between the federal and state governments, checks and balances were established for the federal government, separation of powers where government was divided into three branches, and a representative democracy where citizens elect representatives to make decisions on their behalf.
Virginia vs New Jersey plan
Virginia plan- representation in the national legislature to be based on state population wanted bicameral legislature
New jersey plan- states should have equal representation regardless of size, wanted unicameral legislature
Great compromise
Proposed bicameral legislature, house determined by state population, senate allowed equal representation for all states
3/5’s compromise
Compromise of 1787 constitutional convention that the house would be apportioned according to the population where 3/5 of enslaved people would be counted
Expressed powers
Specific powers granted by the constitution to congress and to the president (A1 S8) & A2
Elastic clause
Concluding paragraph of A1S8, providing congress with the authority to make all laws “necessary and proper” to carry out its enumerated powers
Judicial review
Power of the courts to review actions of the legislative and executive branches, and if necessary declare them invalid or unconstitutional
Supremacy clause
Article VI of the constitution which states that laws passed by the national government and all treaties are superior to all laws adopted by the state
Legislative powers
- Passes federal laws
-Controls federal appropriations
-Approves treaties and presidential appointments
-Regulates interstate commerce
-Establishes lower court system
Executive powers
-Enforces laws
-Commander in chief of armed forces
-Makes foreign treaties
-Proposes laws
-Appoints supreme court justices and federal court judges
-Pardons those convicted in federal court
Judicial Powers
-Decides constitutionality of laws
-Decides cases including disputes between states
-Review lower court decisions
Bill of Rights
First 10 amendments in the constitution outlining citizens rights
Federalists vs antifederalists
Federalists- Wanted strong national government, supported constitution at convention of 1787
Antifederalists- Favored strong state governments and weaker central government, opponent of constitution
Timeline of major events
Delegates gather at constitutional convention > federalist papers published > constitution ratified by the states > bill of rights adopted
How many words is the constitution?
4543 including signatures
What are methods to amending the constitution found in article V?
- Passage in a national convention, followed by ratification by conventions in 3/4’s of the states
- Passage in the house and senate followed by ratification by 3/4’s of the states
