Unit 1: Constitution Flashcards

(76 cards)

1
Q

Separation of Powers

A

division of powers between the branches of government

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2
Q

What type of division is Sep. of Powers

A

horizontal

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3
Q

Federalism

A

division of power between the federal and state governments

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4
Q

What type of division is Federalism

A

vertical

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5
Q

Checks and Balances

A

for every power a branch has, another branch can check it

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6
Q

Limited Government

A

federal gov is limited to its enumerated powers

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7
Q

What amendment says that all other non-federal power goes to the states

A

10th

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8
Q

Habeas Corpus

A

“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

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9
Q

Ex Fact Posto Law

A

You can only be held accountable for the laws that were in place when you did it

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10
Q

Declaration of Independence

A

to explain the colonists’ right to revolution

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11
Q

Articles of Confederation

A

established the functions of the national government of the United States after it declared independence from Great Britain

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12
Q

Who didn’t have power in the Articles of Confed

A

the Fed Gov(fed gov is small)

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13
Q

Fed 10

A

How our structure of government controls factions

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14
Q

Fed 51

A

Separation of Powers and Checks and Balances keeps the govt from getting too powerful

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15
Q

Fed 51 main ideas

A
  • 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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16
Q

How is the House elected

A

by population(by the ppl)

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17
Q

How is the Senate elected

A

2 per state - first elected by state leg now by direct vote

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18
Q

What amendment made it so the Senate could be elected by direct vote

A

17th

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19
Q

Which chamber impeaches(charges)

A

House of Reps

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20
Q

By how much vote do you need to impeach in the HOR

A

majority

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21
Q

Which chamber conducts the impeachment trial(convicts)

A

Senate

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22
Q

By how much vote do you need to convict in the Senate

A

2/3 vote

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23
Q

Where do all tax bills need to originate from

A

House of Reps

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24
Q

Who ratifies treaties

A

Senate

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25
By how much vote do you need to ratify a treaty
2/3 majority in the Senate
26
Who makes treaties
the President
27
If there is no majority in the electoral college, who selects the President
House of Reps
28
If there is no majority in the electoral college, who selects the Vice President
Senate
29
Who appoints SCOTUS justices
President
30
Who approves SCOTUS justices
Senate
31
By how much vote do you need to approve SCOTUS Justice nominations
by majority in the Senate
32
Was Brutus 1 for or against the Constitution
Brutus=AGAINST Constitution
33
What was Brutus 1 main points
- power to tax, and necessary and proper clause is too much | - Fear of a standing army
34
Tyranny of the Majority
Majority would always rule and tyrannize the minority
35
Who(and where) says that there is no need to fear Tyranny of the Majority
Madison in Fed 51 and Fed 10
36
Necessary and Proper Clause
do things to execute powers ALREADY given
37
What is another name for the Necessary and Proper clause
“Elastic” Clause - stretches the implied powers of Fed government
38
Example of the Necessary and Proper clause
Ex: Alexander Hamilton and National Bank
39
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
40
Commerce Clause
Fed gov controls interstate, State gov controls intra state
41
Full Faith and Credit Clause
States will respect other state’s laws and judicial decisions (ex: marriage recognition in other states)
42
Take Care Clause
Pres will take care that the laws will be faithfully executed
43
The Take Care clause is the source of power for what branch
Executive
44
Majority vote is...
more than 50%
45
Super Majority vote is...
anything more than a majority
46
Plurality vote is...
the most percent, not necessarily a majority
47
What idea did John Locke put forward
Natural Rights: everyone is born with certain rights(life, liberty, and property)
48
Popular Sovereignty
People have the power
49
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)
50
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
51
Classic Liberalism
Pro Indiv Rights
52
Who is the grandpa of liberalism
John Locke
53
Republicanism
Pro Public Good
54
Does the Declaration of Independence promote Liberalism or Republicanism
Liberalism
55
Why did TJ change right to property to pursuit of happiness
so that slaves(who are doing all the labor) wont have rights
56
What was the tipping point for how inefficient the Articles of Confed were
Shays Rebellion
57
Was the Constitutional Convention made up of more Republicanism people or Liberalism people
Republicanism, more conservative
58
Who really wanted to add the Bill of Rights to the Constituion
Liberals(fiery radicals who like indiv rights)
59
Great Compromise
big states v small states. Solution: upper and lower house
60
3/5 Compromise
each slave would count as ⅗ of a person
61
Who is the 3/5 compromise a huge advantage for
the South - they're counting ppl that dont get to vote
62
(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
63
1st amendment
right to speech, religion, press, protest, petition against gov(lobby)
64
10th amendment
All powers that aren't the fed gov's goes to the states
65
13th amendment
abolishes slavery and all other slave related things(like 3/5 compromise)
66
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.”
67
16th amendment
nullified the restriction to direct income tax
68
17th amendment
direct election of Senators
69
What is the proposal process of making an amendment
Propose: 1. 2/3 both houses propose 2. 2/3 of states convene a convention
70
What is the ratification process of making an amendment
Ratify: 1. 3/4 of state legislature 2. 3/4 of state convention
71
How many ways are there to amend the Constitution
4 ways
72
What does the Amendment process - of Congress proposing and the States ratifying - demonstrate
the Federalist system of gov
73
Federalist system of gov
State gov and national gov
74
Powers of Congress
1. collect taxes 2. borrow money 3. regulate INTER state commerce(states reg intra) 4. manages naturalization 5. manages bankruptcies 6. coin money and regulate foreign coin 7. give punishments for counterfeiting currency 8. establish post offices 9. protect intellectual property 10. establish lower courts(district/trial - circuit/appeals - supreme/highest) 11. define and punish intl felonies 12. declare war 13. raise and support army 14. provide and maintain navy 15. make rules for land and naval forces 16. suppress insurrections 17. do all that's necessary and proper to execute EXISTING congressional powers
75
12th amendment
electoral college(nullified state leg choosing)
76
25th amendment
est. line of succession