Unit 1: Constitution Flashcards

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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
Q

By how much vote do you need to ratify a treaty

A

2/3 majority in the Senate

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26
Q

Who makes treaties

A

the President

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27
Q

If there is no majority in the electoral college, who selects the President

A

House of Reps

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28
Q

If there is no majority in the electoral college, who selects the Vice President

A

Senate

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29
Q

Who appoints SCOTUS justices

A

President

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30
Q

Who approves SCOTUS justices

A

Senate

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31
Q

By how much vote do you need to approve SCOTUS Justice nominations

A

by majority in the Senate

32
Q

Was Brutus 1 for or against the Constitution

A

Brutus=AGAINST Constitution

33
Q

What was Brutus 1 main points

A
  • power to tax, and necessary and proper clause is too much

- Fear of a standing army

34
Q

Tyranny of the Majority

A

Majority would always rule and tyrannize the minority

35
Q

Who(and where) says that there is no need to fear Tyranny of the Majority

A

Madison in Fed 51 and Fed 10

36
Q

Necessary and Proper Clause

A

do things to execute powers ALREADY given

37
Q

What is another name for the Necessary and Proper clause

A

“Elastic” Clause - stretches the implied powers of Fed government

38
Q

Example of the Necessary and Proper clause

A

Ex: Alexander Hamilton and National Bank

39
Q

Supremacy Clause

A

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
Q

Commerce Clause

A

Fed gov controls interstate, State gov controls intra state

41
Q

Full Faith and Credit Clause

A

States will respect other state’s laws and judicial decisions (ex: marriage recognition in other states)

42
Q

Take Care Clause

A

Pres will take care that the laws will be faithfully executed

43
Q

The Take Care clause is the source of power for what branch

A

Executive

44
Q

Majority vote is…

A

more than 50%

45
Q

Super Majority vote is…

A

anything more than a majority

46
Q

Plurality vote is…

A

the most percent, not necessarily a majority

47
Q

What idea did John Locke put forward

A

Natural Rights: everyone is born with certain rights(life, liberty, and property)

48
Q

Popular Sovereignty

A

People have the power

49
Q

Locke Labor Theory

A

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
Q

How does the labor theory transition to the social contract

A

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
Q

Classic Liberalism

A

Pro Indiv Rights

52
Q

Who is the grandpa of liberalism

A

John Locke

53
Q

Republicanism

A

Pro Public Good

54
Q

Does the Declaration of Independence promote Liberalism or Republicanism

A

Liberalism

55
Q

Why did TJ change right to property to pursuit of happiness

A

so that slaves(who are doing all the labor) wont have rights

56
Q

What was the tipping point for how inefficient the Articles of Confed were

A

Shays Rebellion

57
Q

Was the Constitutional Convention made up of more Republicanism people or Liberalism people

A

Republicanism, more conservative

58
Q

Who really wanted to add the Bill of Rights to the Constituion

A

Liberals(fiery radicals who like indiv rights)

59
Q

Great Compromise

A

big states v small states. Solution: upper and lower house

60
Q

3/5 Compromise

A

each slave would count as ⅗ of a person

61
Q

Who is the 3/5 compromise a huge advantage for

A

the South - they’re counting ppl that dont get to vote

62
Q

(International)Slave Trade Compromise

A

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
Q

1st amendment

A

right to speech, religion, press, protest, petition against gov(lobby)

64
Q

10th amendment

A

All powers that aren’t the fed gov’s goes to the states

65
Q

13th amendment

A

abolishes slavery and all other slave related things(like 3/5 compromise)

66
Q

14th amendment

A

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
Q

16th amendment

A

nullified the restriction to direct income tax

68
Q

17th amendment

A

direct election of Senators

69
Q

What is the proposal process of making an amendment

A

Propose:

  1. 2/3 both houses propose
  2. 2/3 of states convene a convention
70
Q

What is the ratification process of making an amendment

A

Ratify:

  1. 3/4 of state legislature
  2. 3/4 of state convention
71
Q

How many ways are there to amend the Constitution

A

4 ways

72
Q

What does the Amendment process - of Congress proposing and the States ratifying - demonstrate

A

the Federalist system of gov

73
Q

Federalist system of gov

A

State gov and national gov

74
Q

Powers of Congress

A
  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
Q

12th amendment

A

electoral college(nullified state leg choosing)

76
Q

25th amendment

A

est. line of succession