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Government > Unit 2 > Flashcards

Unit 2 Flashcards

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1
Q

in the articles of confederation how was the power divided?

A

a weak central government with the majority of the power going to the states

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2
Q

what was the result of the articles of confederation?

A

government with A LOT of problems

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3
Q

what was the goal of the Constitutional convention in 1787?

A

make the national government stronger and throw out the articles of confederation. create a new federal government

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4
Q

what did the Virginia plan (large state plan) say?

A
  • bicameral legislature (2 houses)

- representation from each state based on pop.

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5
Q

what did the new jersey plan (small state plan) say?

A
  • unicameral legistature (1 house)

- each state has equal representation (1 vote per state)

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6
Q

what was in the Connecticut compromise or great compromise?

A
  • congress will collect taxes
    - House of Reps: representation based on population
    - senate: equal representation (2 senators per state)
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7
Q

what will congress do in the new constitution?

A
  • collect taxes
  • control foreign and interstate trade
  • maintain an army and a navy
  • coin and borrow money
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8
Q

what will the executive branch do in the new constitution?

A

-enforce laws

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9
Q

what is the constitution is the supreme law of the land?

A

supremacy clause

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10
Q

what was where 9 out of the 13 states must ratify the constitution before it could go into effect

A

article VII

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11
Q

what did the federalists believe in?

A
  • arguments for a strong federal government and support of the constitution expressed in a series of essays called the Federalist paper
  • a strong central government is better for national defense and economic growth
  • the ability to regulate trade and tax imports would protect merchants from foreign competition
  • the power to collect taxes would allow the national government to improve the nation’s infrastructure
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12
Q

what did the anti-federalists believe in?

A
  • in favor of fixing the articles of confederation
  • resisted increasing the national government’s power at the expense of the states
  • feared the newly created office of president would place excessive power in the hands of one man.
  • believed a strong federal government would favor the rich over the poor
  • argued local governments best understand what citizens needed
  • the constitution did not guarantee the protection of individual liberties
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13
Q

what was the outcome of the federalists vs antifederalists?

A
  • anti federalists promised a bill of rights
  • 1789: constitution became law of land
  • 1791: bill of rights added to the constitution
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14
Q

did the antifederalists or federalists believe in a constitution establishing a strong central government?

A

federalists

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15
Q

did the antifederalists or federalists believe in the power of 13 states

A

anti federalists

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16
Q

did the antifederalists or federalists believe in a bill of rights

A

anti federalists

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17
Q

did the anti-federalists or federalists believe in the articles of confederation?

A

anti federalists

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18
Q

what is known as the supreme law of the land

A

the constitution

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19
Q

why is the constitution so hard to amend?

A

because it is a fairly brief document containing a little over 7000 words.

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20
Q

what are the main ideas of the constitution?

A
  • sets out the basic principles on which the US government was built and operates today
  • outlines how the federal government is organized, how the leaders are selected, sets out limits on how the gov can conduct itself
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21
Q

what is the structure of the constitution?

A
  • preamble
  • 7 articles
  • 27 amendments
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22
Q

to form a more perfect union means what

A

improve the articles of confederation because they failed

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23
Q

to establish justice means what

A

the law should be administered fairly, reasonably, and impartially

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24
Q

to ensure domestic tranquility means what

A

keeping peace at home and preventing anarchy. us soil peace at home

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25
Q

provide for the common defense means what

A

defending the nation against foreign enemies

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26
Q

promote the general welfare means what

A

the state has the responsibility to provide a variety of public services. gov provides for people

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27
Q

to secure the blessings of liberty means what

A

freedom is necessary in a democracy

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28
Q

in the constitution what shows the methods in which members of congress, president, vp, and federal judges are chosen

A

organization of powers

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29
Q

article I creates what

A

legislative branch

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30
Q

article II creates what

A

executive branch

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31
Q

article III creates what

A

judicial branch

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32
Q

article IV is what

A

relations among states

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33
Q

article V is what

A

amending the constitution

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34
Q

article VI is what

A

the constitution is the supreme law of the land. The national gov reigns supreme

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35
Q

article VII is what

A

ratifying the constitution

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36
Q

what is the name of the first 10 amendments?

A

bill of rights

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37
Q

what are the 6 basic principles of the constitution?

A
  • popular sovereignty
  • limited government
  • separation of powers
  • checks and balances
  • judicial review
  • federalism
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38
Q

what is the ultimate source of governmental power

A

the people

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39
Q

gov execersies its power through _________ chosen by the people.

A

popularly elected leaders

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40
Q

gov is _______ in what it can do

A

restricted

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41
Q

the _____ are written, limited, and restricted by law to protect all citizens. gov is not all-powerful

A

powers

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42
Q

what is the gov is conducted according to constitutional principles

A

constitutionalism

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43
Q

what is the gov and its officers have to obey/follow the law. no one is above the law

A

rule of law

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44
Q

what are the branches that are independent and coequal

A

executive, legislative, judicial

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45
Q

what is when one branch will not be more powerful than another?

A

separation of powers

46
Q

what ties the three branches together and each is subject to restraints (checks) from other branches

A

checks and balances

47
Q

what does checks and balances prevent?

A

it prevents one branch from becoming too powerful

48
Q

_________ can make laws —–> ________ can veto them

A

congress; president

49
Q

___________ can refuse to give funds to the president

A

congress

50
Q

______ can refuse to approve a treaty made by the president

A

senate

51
Q

the president is commander in chief of armed forces but __________ declares war and provides the military force

A

congress

52
Q

president names all federal judges but _______ must approve with majority rule

A

senate

53
Q

________ have the power to determine the constitutionality of acts of congress and presidential acts

A

courts

54
Q

what is when the power of the courts is used to determine whether the government actions are in accord with the constitution. can determine if it is unconstitutional

A

judicial review.

55
Q

what court case was judicial review established in?

A

Marbury vs madison

56
Q

what is when governmental power is divided/shared between a national and a state government

A

federalism

57
Q

what is key because they serve the individual needs of the states?

A

local governments

58
Q

what protects individual freedom

A

limited government

59
Q

what happened in Marbury vs madison?

A

when adams left office, he tried to pack the federal courts with loyal party members and Jefferson told madison to not deliver the last commissions. Marbury filed a suit to try to force Jefferson to give him the judgeship promised by adams

60
Q

what was the issue of the court case of M vs M

A

could Marbury go straight to the supreme court with this matter?

61
Q

what is the power to hear a case for the first time?

A

original jurisdiction

62
Q

what does section 13 of the judiciary act was what in the M vs M case

A

unconstitutional

63
Q

what was the result of the M vs M court case

A
  • the supreme court ruled against Marbury

- anything not listed in article 3 section 2 of the constitution must go through the lower courts first

64
Q

what was the effects of the M and M case?

A

established supreme courts judicial review and strengthened the power of the judicial branch

65
Q

what is the living document principle

A

the constitution is constantly changing and evolving. It has kept pace with the change in the united states because of its flexibility

66
Q

what is a change or addition to the constitution

A

an amendment

67
Q

what is a formal amendments

A

a change or addition that becomes part of the written language of the constitution

68
Q

what are the two ways amendments are proposed

A
  • 2/3 congress

- 2/3 of states request national convention

69
Q

what are the two ways an amendment is approved

A
  • 3/4 state legislatures

- 3/4 state conventions

70
Q

what branch decides the ratification method

A

congress

71
Q

what is the first method to amend the constitution

A

-amendment may be proposed by a 2/3 vote in each house of congress
-THEN ratified by 3/4 of state legislatures. need 38 to pass
26 out of 27 amendments have been completed this way

72
Q

what is the second method to amend the constitution

A

-an amendment may be proposed by 2/3 vote in each house of congress
-THEN ratified by conventions in 3/4 of the states
only 21st amendment was passed this way

73
Q

what is the third method to amend the constitution

A

-may be proposed by a national convention with the request of 2/3 states legislatures
-THEN ratified 3/4 of that state legislatures
has never been done

74
Q

what is the fourth method to amend the constitution

A
  • can be proposed by a national convention called by congress at the request of 2/3 of states legislatures
  • THEN ratified by conventions in 3/4 of the states
75
Q

the founding fathers purposely made the amendment what and why

A

difficult and lengthy because they wanted widespread support from all of the people

76
Q

how many amendments have been made in the past 220 years?

A

27

77
Q

where is federalism in the amendment process

A

national government and states must agree there is a problem that cannot be resolved by other means

78
Q

where is popular sovereignty in the amendment process

A

when the constitution is amended, that action represents the peoples say in government (consensus)

79
Q

where is checks and balances in the amending process

A

between the states and the federal government

80
Q

what are the first 10 amendments called

A

the bill of rights

81
Q

what do you need to get a search warrant

A

probable cause

82
Q

what is the power of the government to take private property for public use

A

eminent domain

83
Q

what the other rights that are not even listed in the bill of rights

A

unenumerated rights

84
Q

how do the 9th and 10th amendment restate the principle of federalism

A
  • constitution grants specific and limited powers to the federal government
  • additional powers not granted to the fed gov are reserved to the state governments or to the people who are the ultimate source of gov
85
Q

what is when gov divides power between a central (national) gov and several regional govs (states)

A

federalism

86
Q

what are the powers written in the constitution

A

expressed

87
Q

what are the powers that are not spelled out in the constitution but are reasonably suggested

A

implied

88
Q

what are the powers that all typical national govs have

A

inherent

89
Q

what are the powers that can only be exercised by the national gov

A

exclusive

90
Q

what are the powers not granted to the national gov nor denied to the states

A

reserved

91
Q

what are the powers both the national and state governments possess and exercise

A

concurrent

92
Q

what type of power: a person must be at least 18 to marry without parental consent in illinois

A

reserved

93
Q

what type of power: a worker pays federal and state income taxes

A

concurrent

94
Q

what type of power: racial segregation in restaurants are illegal

A

implied

95
Q

what type of power: an illegal alien is deported back to his country of origin

A

inherent

96
Q

what type of power: toys containing lead are banned from the united states

A

expressed

97
Q

what type of power: a lawyer who wants to practice in texas must first pass the states bar exam

A

reserved

98
Q

what type of power: after hurricane katrina, the us and the state of Louisiana issued bonds to help pay for rebuilding new Orleans

A

concurrent

99
Q

what type of power: president bush served as commander in chief during the war with iraq

A

expressed

100
Q

what type of power: it is illegal to ship poison in the mail

A

implied

101
Q

what type of power: hawaii became a state in 1959

A

expressed/ inherent

102
Q

what type of power: the supreme court struck down a Missouri law allowing death penalty for minors

A

implied

103
Q

what type of power: the united states sent an ambassador when it recognized the state of israel

A

inherent

104
Q

what type of power: the ipod has hundreds of patents, making it hard for other companies to copy

A

expressed

105
Q

what type of power: you must be 18 to vote

A

expressed

106
Q

what type of power: Missouri decided to set aside 500 acres for a new wildlife reservation

A

reserved

107
Q

what type of power: a teacher moving from texas wants a teaching license in california

A

reserved

108
Q

what is the necessary and proper clause (AKA elastic clause)

A

-basis for implied power
-needed to carry out expressed powers
-built in flexibility that would allow adaptation to future needs
-does NOT give congress unlimited powers
(there are limitations like judicial review)

109
Q

what is when the constitution and federal laws and treaties are the ¨supreme law of the land¨ and helps solve disputes between the federal and state governments

A

supremacy clause

110
Q

what happened in the court case mc vs md

A
  • clash between national and state law
  • congress created a bank of the united states
  • MD placed a tax on the bank
  • mccoulloh refused to pay the tax and the MD gov sued him
  • the case goes up to supreme court
111
Q

what was the supreme courts decision in the mc vs md case

A
  • decision based on the constitution supremacy clause
  • states had no right to tax the federal government
  • creation of the bank was necessary and proper to the execution of the expressed powers regarding taxing, borrowing, currency, and commerce
112
Q

long term effects of the mc vs md case

A
  • decision strengthened federal government
  • decision based on proper clause
  • established cons. expressed powers naturally include the implied powers to carry them out
  • established the supremacy clause of federal law over state law whenever the two come into conflict

Government (5 decks)

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