Unit 2 Flashcards
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
2
Q
what was the result of the articles of confederation?
A
government with A LOT of problems
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
4
Q
what did the Virginia plan (large state plan) say?
A
- bicameral legislature (2 houses)
- representation from each state based on pop.
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)
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)
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
8
Q
what will the executive branch do in the new constitution?
A
-enforce laws
9
Q
what is the constitution is the supreme law of the land?
A
supremacy clause
10
Q
what was where 9 out of the 13 states must ratify the constitution before it could go into effect
A
article VII
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
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
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
14
Q
did the antifederalists or federalists believe in a constitution establishing a strong central government?
A
federalists
15
Q
did the antifederalists or federalists believe in the power of 13 states
A
anti federalists
16
Q
did the antifederalists or federalists believe in a bill of rights
A
anti federalists
17
Q
did the anti-federalists or federalists believe in the articles of confederation?
A
anti federalists
18
Q
what is known as the supreme law of the land
A
the constitution
19
Q
why is the constitution so hard to amend?
A
because it is a fairly brief document containing a little over 7000 words.
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
21
Q
what is the structure of the constitution?
A
- preamble
- 7 articles
- 27 amendments
22
Q
to form a more perfect union means what
A
improve the articles of confederation because they failed
23
Q
to establish justice means what
A
the law should be administered fairly, reasonably, and impartially
24
Q
to ensure domestic tranquility means what
A
keeping peace at home and preventing anarchy. us soil peace at home
25
provide for the common defense means what
defending the nation against foreign enemies
26
promote the general welfare means what
the state has the responsibility to provide a variety of public services. gov provides for people
27
to secure the blessings of liberty means what
freedom is necessary in a democracy
28
in the constitution what shows the methods in which members of congress, president, vp, and federal judges are chosen
organization of powers
29
article I creates what
legislative branch
30
article II creates what
executive branch
31
article III creates what
judicial branch
32
article IV is what
relations among states
33
article V is what
amending the constitution
34
article VI is what
the constitution is the supreme law of the land. The national gov reigns supreme
35
article VII is what
ratifying the constitution
36
what is the name of the first 10 amendments?
bill of rights
37
what are the 6 basic principles of the constitution?
- popular sovereignty
- limited government
- separation of powers
- checks and balances
- judicial review
- federalism
38
what is the ultimate source of governmental power
the people
39
gov execersies its power through _________ chosen by the people.
popularly elected leaders
40
gov is _______ in what it can do
restricted
41
the _____ are written, limited, and restricted by law to protect all citizens. gov is not all-powerful
powers
42
what is the gov is conducted according to constitutional principles
constitutionalism
43
what is the gov and its officers have to obey/follow the law. no one is above the law
rule of law
44
what are the branches that are independent and coequal
executive, legislative, judicial
45
what is when one branch will not be more powerful than another?
separation of powers
46
what ties the three branches together and each is subject to restraints (checks) from other branches
checks and balances
47
what does checks and balances prevent?
it prevents one branch from becoming too powerful
48
_________ can make laws -----> ________ can veto them
congress; president
49
___________ can refuse to give funds to the president
congress
50
______ can refuse to approve a treaty made by the president
senate
51
the president is commander in chief of armed forces but __________ declares war and provides the military force
congress
52
president names all federal judges but _______ must approve with majority rule
senate
53
________ have the power to determine the constitutionality of acts of congress and presidential acts
courts
54
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
judicial review.
55
what court case was judicial review established in?
Marbury vs madison
56
what is when governmental power is divided/shared between a national and a state government
federalism
57
what is key because they serve the individual needs of the states?
local governments
58
what protects individual freedom
limited government
59
what happened in Marbury vs madison?
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
what was the issue of the court case of M vs M
could Marbury go straight to the supreme court with this matter?
61
what is the power to hear a case for the first time?
original jurisdiction
62
what does section 13 of the judiciary act was what in the M vs M case
unconstitutional
63
what was the result of the M vs M court case
- 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
what was the effects of the M and M case?
established supreme courts judicial review and strengthened the power of the judicial branch
65
what is the living document principle
the constitution is constantly changing and evolving. It has kept pace with the change in the united states because of its flexibility
66
what is a change or addition to the constitution
an amendment
67
what is a formal amendments
a change or addition that becomes part of the written language of the constitution
68
what are the two ways amendments are proposed
- 2/3 congress
| - 2/3 of states request national convention
69
what are the two ways an amendment is approved
- 3/4 state legislatures
| - 3/4 state conventions
70
what branch decides the ratification method
congress
71
what is the first method to amend the constitution
-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
what is the second method to amend the constitution
-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
what is the third method to amend the constitution
-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
what is the fourth method to amend the constitution
- 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
the founding fathers purposely made the amendment what and why
difficult and lengthy because they wanted widespread support from all of the people
76
how many amendments have been made in the past 220 years?
27
77
where is federalism in the amendment process
national government and states must agree there is a problem that cannot be resolved by other means
78
where is popular sovereignty in the amendment process
when the constitution is amended, that action represents the peoples say in government (consensus)
79
where is checks and balances in the amending process
between the states and the federal government
80
what are the first 10 amendments called
the bill of rights
81
what do you need to get a search warrant
probable cause
82
what is the power of the government to take private property for public use
eminent domain
83
what the other rights that are not even listed in the bill of rights
unenumerated rights
84
how do the 9th and 10th amendment restate the principle of federalism
- 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
what is when gov divides power between a central (national) gov and several regional govs (states)
federalism
86
what are the powers written in the constitution
expressed
87
what are the powers that are not spelled out in the constitution but are reasonably suggested
implied
88
what are the powers that all typical national govs have
inherent
89
what are the powers that can only be exercised by the national gov
exclusive
90
what are the powers not granted to the national gov nor denied to the states
reserved
91
what are the powers both the national and state governments possess and exercise
concurrent
92
what type of power: a person must be at least 18 to marry without parental consent in illinois
reserved
93
what type of power: a worker pays federal and state income taxes
concurrent
94
what type of power: racial segregation in restaurants are illegal
implied
95
what type of power: an illegal alien is deported back to his country of origin
inherent
96
what type of power: toys containing lead are banned from the united states
expressed
97
what type of power: a lawyer who wants to practice in texas must first pass the states bar exam
reserved
98
what type of power: after hurricane katrina, the us and the state of Louisiana issued bonds to help pay for rebuilding new Orleans
concurrent
99
what type of power: president bush served as commander in chief during the war with iraq
expressed
100
what type of power: it is illegal to ship poison in the mail
implied
101
what type of power: hawaii became a state in 1959
expressed/ inherent
102
what type of power: the supreme court struck down a Missouri law allowing death penalty for minors
implied
103
what type of power: the united states sent an ambassador when it recognized the state of israel
inherent
104
what type of power: the ipod has hundreds of patents, making it hard for other companies to copy
expressed
105
what type of power: you must be 18 to vote
expressed
106
what type of power: Missouri decided to set aside 500 acres for a new wildlife reservation
reserved
107
what type of power: a teacher moving from texas wants a teaching license in california
reserved
108
what is the necessary and proper clause (AKA elastic clause)
-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
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
supremacy clause
110
what happened in the court case mc vs md
- 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
what was the supreme courts decision in the mc vs md case
- 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
long term effects of the mc vs md case
- 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
