Unit 1: Constitution Flashcards

1
Q

Virginia Plan

A

a plan of government proposed by James Madison at the Constitutional Convention. The plan called for the creation of a three-branch supreme national government with a bicameral legislative branch.
proposed that the national gov’t should be made up of 3 branches

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2
Q

New Jersey plan

A

a plan of government proposed by William Patterson at the Constitutional Convention regarding the structure of the federal government as a response to the Virginia Plan. The plan consisted of a unicameral legislative branch rather than a bicameral one, such as the one proposed in the Virginia Plan.
supported by smaller states
was made in response to the Virginia plan because delegates feared larger states would overpower the gov’t because of their larger populations
proposed ideas regarding congress similar to the Articles of Confederation
called for a unicameral legislature with one vote for each state

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3
Q

Great Compromise/Connecticut Compromise

A

an agreement reached during the Constitutional Convention which resolved disputes regarding small and large states and their representation in the government.

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3
Q

3/5 Compromise

A

an agreement reached during the Constitutional convention which stated that ⅗ of a state’s slave population would be counted towards their overall population, as slaves did not have the same rights other Americans had

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4
Q

federalism

A

a system of government where several states adhere to one central government while still remaining independent in internal issues.

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4
Q

state powers under federalism

A

ducation: States have the authority to establish and regulate public education systems, set educational standards, and fund schools.

Transportation: States manage and maintain infrastructure such as roads, bridges, and public transportation systems.

Public Safety: States oversee law enforcement agencies, fire departments, and emergency medical services.

Healthcare: States administer public health programs, manage Medicaid, and regulate healthcare facilities and providers.

Elections: States conduct elections, manage voter registration, and set rules for voting procedures.

Local Government: States have the power to create and regulate local governments, including cities, counties, and municipalities.

Licensing: States issue licenses for various professions and businesses, such as doctors, lawyers, and contractors.

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5
Q

concurrent powers between the state and federal gov’t under federalism

A

Taxation: Both state and federal governments can levy and collect taxes to fund their operations.

Borrowing Money: Both can borrow money on credit to finance various projects and operations.

Law Enforcement: Both can establish and maintain police forces and law enforcement agencies.

Public Welfare: Both can create and administer social welfare programs to support their citizens.

Court Systems: Both can establish and operate their own court systems to adjudicate legal disputes.

Building Infrastructure: Both can build and maintain roads, bridges, and other public works.

Regulating Commerce: Both can regulate trade within their jurisdictions, though federal law often takes precedence over state law in interstate matters.

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6
Q

national powers under federalism

A

Coining Money: The federal government has the exclusive authority to mint money and regulate its value.

Regulating Interstate and Foreign Commerce: The federal government controls trade between states and with other countries.

Declaring War: Only the federal government has the power to declare war on other nations.

Maintaining Armed Forces: The federal government is responsible for raising and maintaining the military.

Conducting Foreign Affairs: The federal government handles international relations, including treaties and diplomacy.

Establishing Post Offices: The federal government is responsible for establishing and regulating postal services.

Imposing Tariffs and Duties: The federal government can levy taxes on imports and exports.

Making Treaties: The federal government can enter into agreements with other countries, with the approval of the Senate.

Establishing Federal Courts: The federal government has the authority to establish lower federal courts in addition to the Supreme Court.

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7
Q

articles of the Constitution (I,II,III)

A

Article 1 - legislative branch
Article 2 - executive branch
Article 3 - Judicial branch

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7
Q

Federalists Papers

A

The federalist papers were a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay promoting the ratification of the U.S. Constitution

The Federalists Papers were needed to promote the ratification of the Constitution and convince/sway the general public to ratify the constitution

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8
Q

Necessary and proper clause

A

gives the legislative branch the power to enforce and create laws they feel are necessary

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9
Q

term limits (house of reps, senate)

A

2 years, no term limit
6 years, no term limit

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10
Q

State of the union

A

annual message that the president delivers regarding the state of the country

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10
Q

supremacy clause

A

federal government is supreme over state law; “supreme law of the land”

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11
Q

branches of the government

A

legislative, executive, judicial

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11
Q

I Amendment

A

Congress cant take away rights for freedom of speech, religion, petition, assembly
Protects people from being sued or arrested for exercising these rights
Hate speech is not protected under the first amendment
Applies to people of all ages (including under 18 years of age)
Protects the right to peacefully protest for all people and speak freely/petition the gov’t
This amendment was put into place because under Britain’s gov;t, people were not allowed to criticize the gov’t.

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11
Q

James Maddison

A

“Father of the Constitution”
helped to draft the Constitution and played a crucial role in establishing the way the gov’t is organized and took notes on the Constitutional Convention.
delegate for virginia
wrote the first drafts of the U.S. Constitution
co-wrote the federalist papers
sponsored the Bill of Rights
established the democratic-republic party
initiated the war of 1812
served two terms in the White House

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11
Q

legislative branch

A

Structure: Establishes the two houses of Congress: the Senate and the House of Representatives.

Powers: Details the powers and duties of Congress, including the ability to make laws, levy taxes, regulate commerce, and declare war.

Checks and Balances: Includes provisions for the impeachment of federal officials.

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11
Q

executive branch

A

Structure: Establishes the office of the President and Vice President.

Powers: Outlines the powers and duties of the President, such as enforcing laws, commanding the military, conducting foreign policy, and making treaties (with Senate approval).

Election and Removal: Details the process for electing the President and Vice President, including the Electoral College, and the procedures for impeachment.

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11
Q

III Amendment

A

Prevents the quartering of soldiers without citizen’s permission unless the country is in a time of war

Ratified in 1971
Soldiers commonly stayed in people’s home under the British gov’t
Protects citizens rights to ownership and prevents intrusion of property by the gov’t

11
Q

Alexander Hamilton

A

delegate for New York
became General George Washington’s assistant and advisor
convinced New Yorkers to agree to ratify the U.S. constitution
believed that those who were wealthy were the only suitable ones to run a gov’t
supported a strong central gov’t

11
Q

II Amendment

A

The second amendment is referring to the general public, as it provides the right for the general public to “bear arms”/own guns.

11
Q

founding fathers that played key roles in creating the Constitution

A

Hamilton, Maddison, Washington, Franklin, Gouverneur Morris, Roger Sherman, George Mason

11
Q

IV Amendment

A

People have the right to refuse having their property being searched without a warrant
The warrant only allows certain areas to be searched and allows the withdrawal of a person’s items
There needs to be sufficient evidence that a warrant is necessary in order to obtain one
The colonies under Great Britain’s rule gave soldiers the right to search any citizen’s property with a general warrant
General warrants were very vague and easily obtained
Made to limit disruption of privacy

12
Q

VI Amendment

A

Right to a public trial without unnecessary delay before an impartial jury
The right to question a witness testifying against you
Right to be represented by a lawyer and obtain a witness
The right to know the identity of your accuser and the nature of the charges against you
Refers to criminal cases (potential jail time)
Framers wanted to strengthen the adversarial (two parties; defendant and prosecution) process
Europe used an inquisitorial (the court investigates to find the truth of a case) system

12
Q

IX Amendment

A

Just because a right is not listed in the Bill of Rights does not mean it doesn’t apply or can not pertain to certain situation
States how people’s fundamental rights are stated on the Bill of Rights, but there are other complexities not included that are still protected by the gov’t
Many of the amendments that are not listed do not give the gov’t more power or diminish the value of the unmentioned rights
Protects individuals rights and freedoms
Framers believed it was impossible to list every single fundamental right
Laid out the most basic rights

13
Q

V Amendment

A

Grants the right to a fair jury
Forbids double jeopardy (being prosecuted twice for the same crime)
Property can not be taken without owner consent
Protection against self-incrimination
Miranda rights
Protects life and liberty
Innocent until proven guilty
First drafted by james Madidon in 1789
Colonists were treated poorly under British rule and law practices were unfair
Influenced by the magna carta
Traced back to English common law

14
Q

VII Amendment

A

Refers to civil cases (potential charges/fines)
If claims exceed $20 in a civil case, either party has the right to a jury trial
Ratified in 1791
Due to issues arising without the amendment, there was concern among anti-federalists
During the colonial period, colonists viewed the jury system as protection against actions by the British gov’t.

14
Q

Magna Carta (connection/influence for the Constitution)

A

rule of law (everybody is subject to the law), individual rights, separation of powers, due process, taxation and representation

14
Q

bill of attainder

A

a legislative act that declares a person or group of people guilty of some crime and punishes them without a trial. The U.S. Constitution expressly prohibits both Congress and the states from passing bills of attainder

15
Q

X Amendment

A

Protects the rights of states
Powers that are not given to the federal government are given to the states as a whole
Similar to the ninth amendment in the sense that it gives gives rights to the states
Relieved tension in the US about the federal gov’t and the state power
People feared that the central government would en u being too powerful
The amendment proved the federal gov’t was not as powerful as people believed
Incorporated federalism

15
Q

VIII Amendment

A

Reasonable price to pay bail
Reasonable price to pay for fines
No unreasonable or excessively cruel punishment
Ratified in 1971
People used to be sentenced to death for minor crimes
Ratified to eliminate torture/overly cruel punishment

15
Q

who wanted the Bill of Rights to be added to the Constitution?

A

anti-federalists

16
Q

why was the Bill of Rights added to the Constitution

A

becuase people feared a central gov’t with too much power

16
Q

writ of habeas corpus

A

a writ of habeas corpus is a legal order that requires someone holding a person in custody to bring that person to court. The purpose is to ensure that the person is not being held illegally. It protects against unlawful imprisonment by allowing a court to review the reasons for someone’s detention. If the detention is found to be unjustified, the court can order the person’s release. It’s a basic safeguard for individual freedom.

16
Q

English Bill of Rights (connection/influence for the Constitution)

A

right to petition, jury trial, protection against cruel and unusual punishment, arms for self defense, freedom of speech

16
Q

title of nobility

A

a rank or status given to individuals, usually by a monarch or government, that signifies a certain level of social status and often comes with privileges and responsibilities.

17
Q

experiences under Great Britain’s rule that led to specific amendments

A

lack of fair trials, quartering soldiers, cruel and unusual punishment, abuse of power

18
Q

Bill of Rights

A

the first ten amendments of the U.S. Constitution which guaranteed rights of freedoms of SPEECH, ASSEMBLY, WORSHIP.

18
Q

According to Madison, what was one purpose of the Senate?

A

The one purpose of the senate is to be the voice for providing and enforcing checks and balances in order to provide permanent stability and protect minority groups.

18
Q

Benjamin Franklin

A

delegate for pennsylvania
published pamphlets
responsible for the following inventions: Franklin stove, Bifocals, Amonica, Rocking chair, Flexible catheter, American penny

18
Q

Roger Sherman

A

Delegate For: Connecticut
Contributions:
served in Connecticut general assembly in the Constitutional convention
proposed the Great Compromise/ Connecticut Compromise
signed the Continental Association
helped right and signed the Declaration of Independence
signed the Articles of Confederation
signed the U.S. Constitution
elected to the U.S. House of Representatives and Senate

18
Q

William Paterson

A

served in the provincial congress
served in the constitutional convention
served in the legislative council
served in the council of safety
held a militia commission
was an attorney general of New Jersey
represented New Jersey at the Constitutional Convention
elected to the U.S. Senate
helped to draft the Judiciary Act of 1789

18
Q

Gouverneur Morris

A

Delegate For: New York
Contributions:
took a seat in the New York Revolutionary provincial congress
served in the militia
drafted the first constitution of the state along with John Jay and Robert R. Livingston
sat in the legislator in the Continental Congress
signed the Articles of Confederation
became the principal assistant to Robert Morris
one of the leading figures at the constitutional Convention

18
Q

George Mason

A

Delegate For: Virginia
Contributions:
wrote the Virginia Declaration of Rights
co-authored the Fairfax Resolves
was a delegate in the U.S. Constitutional Convention but refused to sign the Constitution
Advocated for individual liberties and the protection of individual rights

19
Q

How was the process in which the Northwest Territories became states different from how the 13 Colonies became states?

A

the northwest territories were formally established through the Northwest Ordinance whereas the thirteen original colonies were officially established through the Articles of Confederation.

19
Q

John Rutlage

A

Delegate For: South Carolina
Contributions:
elected to the provincial assembly
temporarily held the post of provincial attorney general
was sent to the First Continental Congress
served on the committee of safety
helped to write the state constitution
became president of the lower house of the legislature
delegate to the Continental Congress
sat on the state chancery court
chaired the Committee of Detail
presidential elector in 1789
appointed as Associate Justice of the U.S. Supreme Court
became chief justice of the SC supreme court

20
Q

judicial branch

A

structure: Establishes the Supreme Court and gives Congress the power to create lower federal courts.

Powers: Defines the jurisdiction of the federal courts and the types of cases they can hear.

Judicial Review: While not explicitly stated, it lays the foundation for judicial review, where courts can declare laws and executive actions unconstitutional.

21
Q

enumerated right:

unenumerated right

A

a right specified and listed in the Constitution

a fundamental right not listed in the Constitution but guaranteed under the 9th amendment