Unit 1: Constitution Flashcards
Separation of Powers
division of powers between the branches of government
What type of division is Sep. of Powers
horizontal
Federalism
division of power between the federal and state governments
What type of division is Federalism
vertical
Checks and Balances
for every power a branch has, another branch can check it
Limited Government
federal gov is limited to its enumerated powers
What amendment says that all other non-federal power goes to the states
10th
Habeas Corpus
“Having the body” – government can’t arrest you for no reason. If you think you’re being held unfairly, you can submit a WRIT OF HABEAS CORPUS where the gov has to go forward and explain why you’re being arrested
Ex Fact Posto Law
You can only be held accountable for the laws that were in place when you did it
Declaration of Independence
to explain the colonists’ right to revolution
Articles of Confederation
established the functions of the national government of the United States after it declared independence from Great Britain
Who didn’t have power in the Articles of Confed
the Fed Gov(fed gov is small)
Fed 10
How our structure of government controls factions
Fed 51
Separation of Powers and Checks and Balances keeps the govt from getting too powerful
Fed 51 main ideas
- Humans are not angels, that’s why we need government
- We need to allow the gov to control the people(be able to stop bullies)
- We also need to check the gov(Gov thats able to stop the bully also needs to be controlled)
- Madison says the Legislature is going to be the main branch SO you need to break it up…
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How is the House elected
by population(by the ppl)
How is the Senate elected
2 per state - first elected by state leg now by direct vote
What amendment made it so the Senate could be elected by direct vote
17th
Which chamber impeaches(charges)
House of Reps
By how much vote do you need to impeach in the HOR
majority
Which chamber conducts the impeachment trial(convicts)
Senate
By how much vote do you need to convict in the Senate
2/3 vote
Where do all tax bills need to originate from
House of Reps
Who ratifies treaties
Senate
By how much vote do you need to ratify a treaty
2/3 majority in the Senate
Who makes treaties
the President
If there is no majority in the electoral college, who selects the President
House of Reps
If there is no majority in the electoral college, who selects the Vice President
Senate
Who appoints SCOTUS justices
President
Who approves SCOTUS justices
Senate
By how much vote do you need to approve SCOTUS Justice nominations
by majority in the Senate
Was Brutus 1 for or against the Constitution
Brutus=AGAINST Constitution
What was Brutus 1 main points
- power to tax, and necessary and proper clause is too much
- Fear of a standing army
Tyranny of the Majority
Majority would always rule and tyrannize the minority
Who(and where) says that there is no need to fear Tyranny of the Majority
Madison in Fed 51 and Fed 10
Necessary and Proper Clause
do things to execute powers ALREADY given
What is another name for the Necessary and Proper clause
“Elastic” Clause - stretches the implied powers of Fed government
Example of the Necessary and Proper clause
Ex: Alexander Hamilton and National Bank
Supremacy Clause
Federal constitution and laws are supreme to states
- State laws have power in areas where the federal government doesn’t(adoption, school)
- Job of the courts to decide if the state and fed laws are in conflict with each other
Commerce Clause
Fed gov controls interstate, State gov controls intra state
Full Faith and Credit Clause
States will respect other state’s laws and judicial decisions (ex: marriage recognition in other states)
Take Care Clause
Pres will take care that the laws will be faithfully executed
The Take Care clause is the source of power for what branch
Executive
Majority vote is…
more than 50%
Super Majority vote is…
anything more than a majority
Plurality vote is…
the most percent, not necessarily a majority
What idea did John Locke put forward
Natural Rights: everyone is born with certain rights(life, liberty, and property)
Popular Sovereignty
People have the power
Locke Labor Theory
What we put labor into we can claim as our property(if u make that apple pie w ur labor, the pie is urs — if someone steals it u cant do anything)
How does the labor theory transition to the social contract
ppl will come together to from a gov to stop their rights from being violated
The ppl will from an agreement with each other and their government,and the gov has the responsibility to protect their natural rights and gov cant violate these rights
Classic Liberalism
Pro Indiv Rights
Who is the grandpa of liberalism
John Locke
Republicanism
Pro Public Good
Does the Declaration of Independence promote Liberalism or Republicanism
Liberalism
Why did TJ change right to property to pursuit of happiness
so that slaves(who are doing all the labor) wont have rights
What was the tipping point for how inefficient the Articles of Confed were
Shays Rebellion
Was the Constitutional Convention made up of more Republicanism people or Liberalism people
Republicanism, more conservative
Who really wanted to add the Bill of Rights to the Constituion
Liberals(fiery radicals who like indiv rights)
Great Compromise
big states v small states. Solution: upper and lower house
3/5 Compromise
each slave would count as ⅗ of a person
Who is the 3/5 compromise a huge advantage for
the South - they’re counting ppl that dont get to vote
(International)Slave Trade Compromise
Southern states agreed intl trade would end 20 yrs after ratification IN EXCHANGE that congress cant do anything during the 20 yrs
Domestic trade kept going
1st amendment
right to speech, religion, press, protest, petition against gov(lobby)
10th amendment
All powers that aren’t the fed gov’s goes to the states
13th amendment
abolishes slavery and all other slave related things(like 3/5 compromise)
14th amendment
granted CITIZENSHIP to all persons born or naturalized in the United States—including former enslaved people—and guaranteed all citizens “equal protection of the laws.”
16th amendment
nullified the restriction to direct income tax
17th amendment
direct election of Senators
What is the proposal process of making an amendment
Propose:
- 2/3 both houses propose
- 2/3 of states convene a convention
What is the ratification process of making an amendment
Ratify:
- 3/4 of state legislature
- 3/4 of state convention
How many ways are there to amend the Constitution
4 ways
What does the Amendment process - of Congress proposing and the States ratifying - demonstrate
the Federalist system of gov
Federalist system of gov
State gov and national gov
Powers of Congress
- collect taxes
- borrow money
- regulate INTER state commerce(states reg intra)
- manages naturalization
- manages bankruptcies
- coin money and regulate foreign coin
- give punishments for counterfeiting currency
- establish post offices
- protect intellectual property
- establish lower courts(district/trial - circuit/appeals - supreme/highest)
- define and punish intl felonies
- declare war
- raise and support army
- provide and maintain navy
- make rules for land and naval forces
- suppress insurrections
- do all that’s necessary and proper to execute EXISTING congressional powers
12th amendment
electoral college(nullified state leg choosing)
25th amendment
est. line of succession
