unit 1- the constitution Flashcards
10 amendments
- freedom of speech, religion, press
- right to bear arms
- quartering soldiers
- warrant to search house
- protects against double jeopardy, don’t have to talk at your trial, fair trial by jury in public
- speedy and quick trial in criminal cases
- right to trial by jury in civil cases
- punishment must fit crime, can’t be cruel
- these aren’t ur only rights
- any rights not explicitly stated are left to states
forms of government, describe
anarchy- lack of government
autocracy- rule by 1
oligarchy- small group rules
democracy- ruled by people
power structures
unitary system (central government to states to citizens), federation (central government + states to citizens), confederation (states to central government + citizens
federalism
a way of organizing a nation so that two or more levels of government have formal authority over land and people
unitary government
all power resides in central government
ideas that influenced americans
magna carta, petition of right (king cannot declare martial law without parliament), english bill of rights
constitutional convention
Philadelphia, may of 1787 to revise the articles of confederation
weaknesses of articles
- congress couldn’t collect taxes
- no executive branch
- congress couldn’t enforce laws
- laws needed 9/13 states to approve
- changing articles required all 13 ststes
- each state had its own currency
- states fought each other
- shay’s rebellion showed government had no money to pay soldiers
- states and national government had authority to coin money
- each state had one vote
- congress couldn’t refutal interstate trade
how constitution remidied weaknesses
- created federal system of government between national and state levels
- national government could tax
- congress could regulate commerce
- executive and judiciary branch created
- national government only could coin money
- states represented based on population in house of representatives and equally in the senate
- bills need majority in both houses of congress
- 2/3 of congress and 3/4 of states necessary to change constitution
articles of confederation main things
first national constitution for governing states, weak national government with unicameral legislature, congress had limited power, each state was equal
achievements of articles of confederation
paris peace treaty 1783, executive branch, northwest ordinance
the Annapolis convention
virginia and maryland had different monies, taxed each other, Washington calls for delegates, Maryland and virginia resolve issues, virginia calls for all states meeting but only 5 show up, Hamilton calls for convention to change AOC
connecticut compromise
new jersey + virginia plan compromised
- 2 houses, 1 (HOR, lower) based on population, 1 (senate, upper) based on every state having 2 representatives
- 3/5 compromise –> congress can’t tax exports from states, slaves count as 3/5 of a person, slave trade banned
new jersey plan
unicameral legislature, one state one vote, executive branch (protects minorities, doesn’t account for representation of everyone)
virginia plan
bicameral legislature, both houses based on population, president elected by legislature, judiciary appointed by legislature, (doesn’t protect minorities but allows representation for everyone)
federalists (vs. antifederalists)
- madison, hamilton, jay
- favored constitution
- highlighted weaknesses of articles
-beleived in a strong government to protect the nation - checks/balances would protect against abuse of power
-protection of property rights
-protection against majority controlling the minority
antifederalists (vs. federalists)
-brutus, henry, adams, monroe
-opposed constitution
-protection of individual liberties most importance
-wanted strong state governments, feared strong national government
-wanted a bill of rights
- created something similar to a monarchy
limited government
government isn’t all powerful
popular sovereignty
people are source of governments authority
separation of powers
among 3 branches
checks and balances
each branch can be restrained by other two branches
federalism
division of government powers between government and states
legislative branch powers over executive branch
- senate can refuse to confirm presidential appointments
- can override presidential veto with 2/3 majority
- can impeach president
- creates executive agencies and programs
- appropriates funds
legislative branch powers over judicial branch
- creates lower federal courts
- sets salaries of federal judges
- can refuse to confirm judicial appointments
- can impeach federal judges
- can propose constitutional amendments
executive branch powers over legislative
- president can veto acts of congress
- president can call special session of congress
executive branch powers over judicial
- president appoints federal judges
- president can grant pardons to federal offenses
- can refuse to enforce court decisions
judicial branch
- can rule a law passed by congress or an action taken by executive branch unconstitutional
- chief justice presides over impeachment of president
delegated powers
specifically given to national government
- regulate interstate commerce
- coin/print money
- declare war
- establish federal courts below supreme court
- conduct foreign relations
- make all laws necessary and proper
- regular immigrants
- acquire and govern US territories
concurrent powers
shared by national and state governments
- levy taxes
- borrow money
- establish courts
- charter banks
- establish and enforce laws
reserved powers
state powers only
- regulate inTRAstate commerce
- establish local governments
- public school systems
- elections
what each article talks about
1 - legislative branch
2 - executive branch
3 - judicial branch
4 - states rights
5 - how to change constitution, 2/3 both houses, 3/4 state legislature
6 - national government rights (supremacy)
7 - ratification
elastic clause
article 1
allows congress to make all laws necessary and proper to carry out powers of constitution (backed up by McCullough v. maryland)
supremacy clause
constitution is supreme law of the land, states cant interfere with federal power (also mccullough v maryalnd)
commerce clause
gives congress power to regulate commerce between states
marbury vs. maryland
marburg sued madison for commission, marshall said law ave courts power to rule the issue unconstitutional; ESTABLISHED JUDICIAL REVIEW (supreme courts role to review/nullify actions of congress and president)
mccullough vs. maryland
supremacy clause; maryland couldn’t tax local office bank of US because it belonged to federal government; federal government argued that they didn’t have that power; STRENGTHENED FEDERAL GOVERNMENT AND ITS POWER OVER STATE GOVERNMENTS (elastic clause)
brutus
necessary and proper clause gave to much power to federal governments
federalist #10
republic, democracy, factions we want more of these so its more balanced
