Unit 1 Test Flashcards
Magne Carte
Established due process, limited royal authority, gov by consent, religious freedom
Due process
Fairness in legal matters for all
Which enlightenment prof inspired Thomas jefferson and the DOI
John Locke
What are the major components of the DOI
-the intro, the preamble, the body, and the conclusion
- expressed: equality, unalienable rights, consent of the governed, 3. The right to alter or abolish government
5 weaknesses of the AOC
-only a form league of friendship among states
-each state had 1 vote, regardless of population
-congress was powerless to levy taxes
-congress was powerless to regulate trade or commerce
-no executive power to enforce laws
What was Shay’s rebellion
Fall 1786, Daniel Shay’s lead an armed uprising that forced many state judges to close their courts, which highlighted the weakness of the AOC not permitting a federal/national army. (Debt was so overwhelming that many farmers were losing their land)
Framers
Constitution contributors and writers
Key framers
James Madison, Thomas Jefferson, John Adam’s, Alexander Hamilton, Sam Adam’s, George Madison
The chief architect of the US Constitutional
James Madison
Components of the Virginia plan
-favored by big states
-bicameral lawmaking body
-representation based on population
-created a stronger central government
-Congress can regulate trade and taxes
-3 branches of government
-plan to change AOC
New Jersey Plan
-proposed by small states
-unicameral lawmaking body
-representation based on equality
-similar to AOC
-congress can regulate trade and collect taxes
-3 branches of government
-plans to change AOC
What was the Connecticut compromise
-Authors: Roger Sherman & Oliver Ellsworth (Conn)
-combination of NJ & VA plans
-bicameral lawmaking body
Significance of CN compromise
The compromise provided for a bicameral legislature, with representation in the House of Representatives according to population and in the Senate by equal numbers for each state
Bicameral
2 chambers of congress/lawmaking bodies
3/5 compromise
-3/5 of the total # of slaves counted for population
-slaves made up 1/3 southern population
-southern states wanted slaves to count towards population, even though they could not vote
Commerce and Slave Trade Compromise
Made at the constitutional convention in 1787 to address the slave trade commerce. North got a $10 tax on each slave so that the south could keep the slave trade, and that there would not be a re-vote for another 20 years (imports would be taxed, exports would not)
Federalists
-supported a new const. Vs the AOC
-led by Madison, Hamilton, and Jay
-checks and balances would protect against abuse
-protection of property rights
-const is bill of rights with reserved powers for the states
People: George Washington, Ben Franklin, Alexander Hamilton, John Jay
Anti-Federalist
-opposed a new constitution
-feared that a strong gov would take away liberties, ignore the will of the people, and favor the rich
-fewer limits in popular participation
-wanted bill of rights
-wanted stronger state gov over stronger national government + strong exec
-favored by smaller states
Led by Patrick Henry, George Mason, Samuel Adam’s
What is the Bill of Rights
The first 10 amendments in the constitution, and guarantees civil rights and liberties. Came to be bc anti federalists wanted enumerated, guaranteed rights. Delegates wanted a way to amend the constitution to grow with the times/country. 3/5 of states ratified it.!
Popular sovereignty
Gov is based on the consent of the governed, and power is derived from the people. (Ex. People vote for their gov officials)
Limited government
Government bodies are prohibited from certain activities and only has powers delegated to it by law/constitution
(Ex the us)
Separation of powers
Basic principle of the American government system that the executive, legislative, judicial powers are divided among 3 co-equal branches of gov
Checks and balances
System of overlapping the powers of the 3 branches of government to permit each branch to check the actions of the others (ex judicial branch declares laws unconstitutional)
Judicial review
Gives the supreme and federal courts the authority to interpret the constitution and whether acts of other parts of the government are constitutional
Marburry v Madison (1803)
Established judicial review and set up the Supreme Court as the chief interpreter of the constitution
Federalism
Power is divided between central and regional gov (national and state gov)
How is the constitution formally Ammended
- Propose the amendment
-2/3 of the house and senate must vote in an amendment
-2/3 of state legislature can request congress to call for a national convention to propose amendments - Ratify the amendment
-3/4 of state legislature of ratifying conventions in each state must approve it - Announce the ammendment
Basic legislation
Passages of laws that refine or define the constitution
(Ex amendment restrictions)
Executive action
Using the president’s power to act independently of congress (executive orders used to declare war)
Court decisions
Using court cases to interpret the constitution (ex roe v wade gave access to abortion)
Party practices
Party practices are the methods, rules and policy preferences of the parties in a political system or using practices of political parties to change the political process. (Ex nominating presidential candidates at national conventions)
Custom and usage
Upholding long-held customs as constitutional necessity ( ex making executive department heads for presidents cabinet)
Expressed powers (federal)
Powers see out expressly in the constitution (A1,S8)
Ex 18 clauses giving congress 27 powers (declaring war ect)
Implied powers (federal)
“Elastic clause” or necessary and proper powers within reason. A1,S8,C18
Ex. Congress has power to gather an army & navy, so therefore, an air force as well
Inherent powers (federal)
Powers that exist bc the country exists (the country’s birthright powers)
Ex. Regulate immigration
What is the significance or the elastic/necessary and proper clause
It allows congress to use powers that are implied in the constitution but not directly stated, as long as it is within reason.
McCulloch vs Maryland (1819)
Congress established a national bank, states did not like that so Maryland imposed a tax on it, manager McCulloch refused to pay.
Ruling: states do not have the power to impose taxes on the federal government
Supremacy clause
Constitution is the supreme law, and must be followed over all other laws
Reserved powers (state)
Powers that are ✨not delegated✨ to the federal government and are ✨reserved✨ to the states (10th amendment)
Concurrent powers (states)
-shared powers “cooperative federalism”
-defines crimes and punishments, also imminent domain.
Exclusive powers
Powers that are EITHER reserved to the FEDERAL gov or to the STATE gov
What is the enabling act
-territory must apply
-congress directs people of territory to draft a constitution
-✨Congress admits or denies the territory (act of admission)
Interstate compacts
An agreement between 2+ states of the US that is approved by those states legislatures, and if required based on the subject matter, consented to by the federal government (A4,S1,C1)
Full faith and credit
Justice in 1 state is justice in all
Extratradition
The removal of a fugitive from one jurisdiction to another
Privileges and immunities
All Americans have the same basic rights, no matter what state they travel to/are in
Block grants
(Favored by states) $ given to be used for a wide range service
Categorical grant
$ is to be spent for narrowly defined purposes
Project grant
Grants based on merit
As const and Us const both have
-2 legislative chambers
-separation of powers
-bill of rights (declaration of rights)
Referendum
-Az voters veto a law
Initiative
-Az voters propose a new law with signatures
- Az voters amend a law already in place
Proposal (states fav, allows them to kinda bypass feds)
As legislature places bill on ballot and voters choose (usually used for controversial votes)
Referendum and initiative
Az voters start process with signatures
Referendum, initiative, proposal
Az voters decide
Executive branch checks (president)
To leg branch: veto legislation
To jud branch: nominate judges
Legislative branch (Congress) checks
To exec branch: impeach the president
To jud branch: impeach judges
Judicial branch (supreme and federal courts)
To exec branch: declare presidential acts unconstitutional
To leg branch: declare laws unconstitutional
