Unit 3 - The Constitution Flashcards
Weaknesses of the Articles of Confederation:
- No chief executive
- Inability to tax states
- Inability to regulate trade
- Inability to raise an army/navy
Successes of the Articles of Confederation:
- Winning Independence
- raise an army
- appointed George Washington as commander
- alliance with france
- Treaty of Paris
- Land Ordinance of 1785
- Plan to survey new land (land rich, money poor)
- Northwest Ordinance of 1787
Characteristics of Shay’s Rebellion: (Who, why, significance)
Who: Massachusetts farmer, Revolutionary War veteran (Daniel Shay)
Why: States raised taxes and refused to print more money and invalid farm evictions/ foreclosures.
Significance: Exposed weaknesses of the articles and a weak central government and highlighted the need for a new government.
What was the Annapolis Convention?
5 states meet to revise articles—> at convention realized there is a need for a whole new government document
What was the Constitutional Convention: (What was it, where, and people there)
- Delegates from 12 states would meet to create a new governing document.
- Was in Philadelphia
- James Madison, Alexander Hamilton, George Washington, and Benjamin Franklin. (All white, male, wealthy, property owners, educated, and writers/lawyers.)
Characteristics of the New Jersey Plan:
- William Patterson
- Revise Articles
- Unicameral - Favored by smaller states
- Bases of rousseau’s social Contract - One States= One Vote
- Legislative checks executive, executive checks Judicial - Same influence as larger states
- direct voting for 1 legislator
- Equal representation among states
Characteristics of the VA Plan:
- Madison/ Randolph
- Abolish the articles
- Bicameral - * Favored by larger states*
- Based on Montesquieu separation of powers - Higher population= More influence
- Legislate picks judicial and executive
- Direct and Indirect vote for legislature
- Representation based on population
Characteristics of the Great Compromise:
- Roger Sherman (Conn)
- 2 House (Va Plan)
- Lower house, Elected by people, based on population (Va Plan)
- Upper house, Elected by state legislature, equal among all states (NJ Plan)
Characteristics of the Three-Fifths Compromise (Northern States):
- Slaves not counted for representation
- Slaves should be counted for taxes.
Characteristics of the Three-Fifths Compromise (Southern States):
- Slaves should count for representation
- Slaves should not be counted for taxes
Outcomes of the Three-Fifths Compromise:
- 3 out of every 5 slaves counted towards population and will be texas.
- Southern States Benefited from this because more population= more representation in the electoral college.
Characteristics of the Slave Trade and Commerce Compromise: (Northern States):
- End international slave trade
- Congress should regulate trade/tariffs
- Do not return runaways
(immortality of slave trade and retune runaways, protect industry from high tariffs)
Trade and Commerce Compromise (Southern States):
- Continue international slave trade
- States regulate trade/tariffs
- require northern states to return runaways
Outcomes of the Trade and Commerce Compromise
- International Slave trade ends in 20 years (1808)
- Congress regulates trade and tariffs
- Fugitive slave law= must return runaways
What features in the Constitution could be used to weaken slavery?
- Slave trade compromise
- Preamble: secure blessing of liberty
- Congress regulates territories
What features in the Constitution could be used to strengthen slavery?
- 3/5ths compromise
- 5th amendment- right to property
- 10th amendment- powers given to states
- Fugitive slave law (must return runaways)
Federalists in the ratification debate:
- In favor of constitution
- authors: Madison, Hamilton, Jay
- purpose: convince states to ratify
- theme: Strong central government was necessary for the survival of the republic
Government power that is divided and separated will remain limited.
Anti-Federalists in the ratification debate:
- Does Not support the constitution → want a bill of rights to make sure the - the government isn’t all powerful.
- Mason and Henry
What were the Federalist Papers, who authored them and why were they important to the ratification debate?
- Papers written by madison, hamilton and jay ( 85 essays)
- Important as the papers convinced many states to ratify.
Why were Virginia and New York important during the ratification debate?
They were important because they are middle states and if one does not ratify there is a divide between the country and one represents small states while the other represents larger states.
People against the Bill of Rights:
- separation of powers and checks and balances will protect
- fair election
- rights not listed are not protected
People for the Bill of Rights:
- Experiences under british rule
- additional security against an abusive government
-n continue tradition from the declaration of independence and revolution
What two documents helped to shape our Bill of Rights?
- Masons Virginia declaration of rights
*adopted in June of 1776
*Fair trial
*Freedom of speech and religion
*Create a militia- right to bear arms - Jefferson’s statute of religious freedom
written in 1777
Ideals adopted after the revolution
*freedom of religion as an unalienable right
*ended taxes support for churches
*End religious qualification for voting/ office holding.
Provide examples of how the founding fathers insured Limited Government.
Bill of rights
Checks and balances
Federalism
Provide examples of how the founding fathers limited democracy.
Electoral college
Indirect voting for senators
Supreme court Justices appointed, not elected
What is federalism?
Distribution of power between states and federal government
What is separation of powers?
Powers distributed between 3 branches of government
What is the system of checks and balances?
The 3 branches check each others powers, no one branch has more power over other branches
Judicial powers:
- interpret the law
- determine the constitutionality of the law and apply it to individual cases
Executive Powers:
- Negotiate and sign treaties
- executive orders
- veto/ sign bills
- enforce laws
- commander in chief during war
Legislative Powers:
- Make/ Propose laws
- Declare war
- Regulate interstate commerce
- Control taxing and spending
- Create budgets
Key people and their roles:
- James Madison: Va Plan. Federalist
- Roger Sherman: Great Compromise
- Alexander Hamilton: Federalist, wrote federalist papers
- John Jay: Wrote federalist papers, federalist
- George Washington: Chairman of Constitutional convention, supports strong central government
- George Mason: Anti- federalist, Va delegate
- Patrick Henry: Anti- federalist, Va delegate
