Unit 3 EQs (The U.S. Constitution) Flashcards
study study study
What were the three positive accomplishments of the Confederation Congress?
- negotiated Treaty of Paris 1783
-The U.S. won the Revolutionary War - U.S. organized Northwest Territory
What were the 5 major weaknesses of the Articles of Confederation?
-national government was too weak/states were sovereign
-the U.S. was in major war debt but had no power to tax
- there was fighting among states (each state acting like a separate nation and there was no judicial branch to settle disputes)
-Congress was the only branch
(The government could make laws but not enforce them, judge them, or judge those accused of breaking them)
- The U.S. had no respect from foreign nations (states were not united, and there were different trade laws and currencies for each state)
. Northwest Ordinance of 1787
set requirements for territories to become states;
once a territory reached 60,000 people
slavery banned
What did Shay’s Rebellion show about the federal government under the Articles of Confederation?
Showed weakness of the federal government that didn’t have any power or authority to stop the rebellion and assist states in need
What issues and events led to the meeting in Philadelphia that became known as the Constitutional Convention?
After Shay’s Rebellion, leaders realized a stronger federal government was needed
When, why, and where was the Constitutional Convention held?
When- Summer of 1787
Why- to fix the Articles of Confederation and strengthen the federal government
Where- Philadelphia, PA
Identify each of the following as related to the Constitutional Convention:
James Madison
Proposed virginia Plan
“Father of constitution”
Identify each of the following as related to the Constitutional Convention:
George Washington
president of convention
Identify each of the following as related to the Constitutional Convention:
The Virginia Plan
Government with 3 branches
-two house bicameral legislature
- representation based on population in both houses
-large states liked this plan
Identify each of the following as related to the Constitutional Convention:
The New Jersey Plan
1 house unicameral legislature
-equal representation (1 vote per state)
-small states liked
Identify each of the following as related to the Constitutional Convention:
The Great Compromise
to please large and small states
2 houses in Congress
House of Representatives- based on population
Senate- 2 per state
Identify each of the following as related to the Constitutional Convention:
The 3/5 Compromise
3/5 slave population would be counted for representation and taxation
representation (votes in the House of Representatives)
taxation (amount of tax money states would be required to send the federal government)
Antifederalists explanation (include leaders and major beliefs)
leaders- George Mason, Patrick Henry
beliefs- opposed Constitution and felt it gave too much poewr to the federal government and not enough to the states
They were worried the Constituition didn’t guarantee individual rights and demanded an added Bill of Rights
Federalists explanation (include leaders + major beliefs)
Leaders- Alexander Hamilton, James Madison, John Jay
beliefs- supported Constitution and thought it created a good balance between state governments and the national government
-these people supported a strong national government
What were the federalist papers
Wirtten by Alexander Hamilton, James Madison, and Johny Jay to convince people to ratify the Constitution.
Popular Sovereignty
“We the people”
The government’s gets power from the people
Republicanism
people elect representatives to govern
Federalism
Power is shared between the national and state government
refer to the 2 layer cake
Separation of Powers
The Federal government is divided into 3 branches
Executive- enforces laws
Legislative- makes laws
Judicial- expalins and interprets the laws
Checks and Balances
Each branch has powres over the other 2 branches
Limited government
government powers are restricted and everyone must obey the laws of the land, including elected officials
Individual Rights
personal liberties(natural rights) that the governmetn cannot take away
What branch does Article 1 of the Constitution establish
Legeslative
What is the legislative branch called
Congress
How many houses are in congress
2
Identify each house and describe how states are represented in both:
Senate- Each state has 2
House of Representatives- based on population
What is another name for the “necessary and proper” clause?
What does it allow the government to do?
elastic clause
allows the Constitution to apply to the future; allows Congress to stretch its powers
What does the Constitution protect citizens from when it says that Congress cannot “suspend the writ of habeas corpus”?
means that the government cannot hold a person in jail without a formal charge of crime
What branch does Article 2 of the Constitution establish?
Executive
How is the leader of the executive branch elected
Electoral College
Each state has the same number of electors that they have members in Congress (House + Senate). The electoral votes in each state are given to the candidate who wins the popular vote in that state
What is the President’s title in regards to the military?
Commander-in-Chief, but only Congress can declare war
Who makes up the President’s Cabinet?
Secretary’s of each dpartment
What branch does Article 3 of the Constitution establish?
Judicial
The highest court in the judicial branch is the _________________________________.
U.S. Supreme Court
There are also lower federal courts.
There are ____ Justices on the Supreme Court. All federal judges serve _________ terms.
9
life
. What is judicial review?
highest power in the court that allows the Supreme Court to examine a law and decide whether or not it violates the Constitution
What is an amendment?
formal change to the Constitution
What is the purpose of amending the Constitution?
allows the government to be changed as America changes
Amendment 1
RAPPS up rights
-Religion
-Assembly
-Press
-Petition
-Speech
Amendment 2
the right to bear arms
Amendment 3
no quartering of troops
Amendment 4
no unreasonable search and seizures
Amendment 5
rights of a person accused of crime
-due process of law (fair treatment)
-indictment(charge) by Grand Jury
-no double jeopardy
-can’t take my property without due process or payment
-rihgt to remain silent
Amendment 6
-sppedy trial by jury in criminal cases
-right to an attorney
Amendment 7
right to a trial by a jury in civil cases
Amendment 8
guarntees no execssive bails, fines, or cruel and unusual punishment
Amendment 9
guarantees that people have more rights than those listed in amendments 1-8
Amendment 10
guarantees power no delegated to the federal government are reserved for states and the people
