The US Constitution Flashcards
What were the problems of the Articles of Confederation?

The Articles were America’s 1st form of government, an association of states. It was difficult for States to agree on anything because 3/4 of states were needed to pass any law, and the federal government had no right to tax or raise money to pay for the military.
Shay’s Rebellion

farmers in Massachusettes revolted because they couldn’t pay their ever-increasing taxes
(the federal government under the Articles of Confederation was unable to organize an army quick enough to end the revolts)
Northwest Ordinance

a law passed by Congress in 1787 that specified how new western lands would be governed and become new states
3/5 Compromise

a decision to count each slave as a fraction of a person for taxation and representation purposes
How did Southern and Northern states feel about counting slaves for proportional representation in Congress?
- Southern states wanted to count slaves in order to get the most votes in the House
- Northern states didn’t want to count slaves because they didn’t want the Southern slave-holding states to have more representatives in the House
The Great Compromise

an agreement to create a two house Congress; the House with proportional representation and the Senate with equal representation by the states
Which States were more in favor of having representation in Congress based on population?
Larger states because it would give them more votes in Congress
Which states were more in favor of every state getting two votes in Congress?
Smaller states because they didn’t want larger states to have more influence in the government.
electoral college

A group of people named by each state legislature to select the president and vice president
republic

A form of government in which citizens choose their leaders by voting
constitution

A document which spells out the principles by which a government runs and the fundamental laws that govern a society
ratify

(v.) to approve, give formal approval
(3/4 of the states needed to ratify the Constitution before it became the law of the nation)
Why didn’t anti-federalists want to ratify the Constitution?
They feared that it would make the federal government too powerful and take away state’s rights and powers. Many also wanted the constitution to have a Bill of Rights guaranteed to citizens.
separation of powers

power is divided among different branches of government to make sure no one branch has too much power
What is the main job of the Legislative Branch?

The lawmaking branch of government: Congress
How is the Legislative branched divided?
It is divided into two groups: the Senate where each state gets 2 votes, and the House of Representatives, where the number of votes is determined by population
What are the main powers of the Legislative Branch?
write laws, raise taxes, declare war, decide how to spend federal money, approve presidential nominations
What is the main job of the Executive Branch?

the branch of government that carries out, or puts into practice, laws. The president is the leader of this branch of government.
What are the main powers of the executive branch?
commander in chief of the army, make treaties with other countries, nominate judges
treaty

an agreement between two countries (the president can negotiate treaties, but Congress must approve them)
nominate

when the president chooses judges, ambassadors, and leaders of federal departments (However, Congress must approve them)
What is the main job of the Judicial Branch?

to interprets laws and decide if they are constitutional. The Supreme Court is the top court of this branch of government.
checks and balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
How does the Judicial Branch check the power of the executive and legislative branches?
they can rule that executive orders and laws are unconstitutional
How does the Legislative Branch check the power of the executive branch?
they can override presidential vetoes and impeach the president
override

the power to “over-power” or change a presidential veto with a 2/3 vote of Congress
How does the Legislative Branch check the power of the judicial branch?
They approve judicial nominations to federal and Supreme Courts, and they can impeach judges.
How does the Executive Branch check the power of the Legislative Branch?
The president can veto laws passed by Congress and call Congress back to session.
veto

the power to say “NO” to a bill/ law passed by Congress- the US president has this power
How does the Executive Branch check the power of the Judicial Branch?
the president nominates federal and Supreme Court judges.
What is federalism?

A system in which power is divided between the national and state governments
What powers are given to states and not the federal government?
regulate education, licencing, run elections, regulate trade within the state (intrastate trade), fire & police protection, establish local governments
What powers are only given to the federal government?
print money, regulate trade between states (interstate trade) and other countries, run the postal service, maintain a military and declare war
What powers are shared between states and the federal government?
make and enforce laws, collect taxes, regulate banks, provide for the common good
interstate commerce

trade between two or more states
(the federal government has the power to regulate this)
majority rule

the idea that the greater number should exercise greater power (51% of the votes gets to decide for everyone)
interest groups

organization that actively promotes a point of view on issues in order to influence government policy
Amendment

a change to the constitution (it must be approved by 2/3 of Congress and 3/4 of states)
Bill of Rights

the first 10 amendments to the US Constitution which list basic rights guaranteed for citizens
bail

money or property given to the court to hold until an accused person appears at trial
compensation

money given in recognition for loss or suffering
double jeopardy

putting a person on trial more than once for the same crime
due process

the government must follow clear rules and act reasonably as it carries out the law
defendant

a person who is accused of a crime and put on trial
self-incrimination

giving testimony that can be used against oneself
a warrant

an order from a judge that authorizes police or other officials to take a certain action, such as searching someone’s property
jury

a group of common people who listen to the evidence and decide a verdict in a trial
freedom of assembly

your right to form a group, organize, and protest
freedom of petiton

your right to request that the government change a law or the way it operates
the right to bear arms

your right to have a weapon
freedom of the press

the right of the media to report on anything truthful, even if it criticizes the government, as long as it doesn’t incite violence or unlawful activity
the powers reserved clause

any powers not specifically given to the federal government in the Constitution are given to the states and/or the people
common market

the free movement of trade goods, labor, and money between nations/ states
(The United States has a common market within the states)
The First Amendment includes these rights:

freedom of religion, speech, press, assembly, and petition