Unit 4 Flashcards
What is The Preamble? According to the preamble who is putting the constitution forth?
introduction; put forth by the “people”
What are the goals the US Constitution is trying to achieve?
goals:
1. justice
2. peace
3. freedom
How often are representatives to be elected
every 2 years
how long is a term for a senator
6 years
How were senators originally chosen, how are they chosen now? Which amendment changed that
elected by state legislature; now by voters
changed by the 17th Amendment
who decides the times, places and manner for holding elections for congress?
shall be prescribed in each State by the Legislature
what federal body do all bills concerning taxes originate
house of reps
what faction of both houses must vote to override a veto
house of reps and senate both need to have 2/3’s agreement to override a veto
List 6 powers of congress
- lay + collect taxes
- borrow money
- regulate commerce with foreign nations
- establish post offices and roads
- declare war
- make rules for government land and naval forces
What clause gives congress the most general non-specific powers?
the commerce clause: broad about regulation of economy and passing protections
what are the limitations on the power of congress to deny people rights
The privilege of the writ of habeas corpus shall not be suspended; no bills of attainder passed; no ex post facto laws passed.
what is a bill of attainder
A bill of attainder is legislation that imposes punishment on a specific person or group of people without a judicial trial.
what is habeas corpus
a person who is in custody must be brought before a judge or court and that they be able to challenge that custody.
The writ of habeas corpus is used to attack an unlawful detention or illegal imprisonment.
what is ex post facto
In a legal context, ex post facto is most typically used to refer to a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed.
Name 3 limits on the powers of states:
- enter a treaty, alliance or confederation
- coin money
- create/ pass a law impairing the obligation of concentration
how is it determined how many electors each state has?
of electors is equal to # of senators and representation to which the state may be entitled in congress
What role do electors play in the election of a president?
The electors individually cast their vote for president on one ballot and their vote for vice president on another
2nd amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people
to keep and bear Arms, shall not be infringed.
how does the popular vote factor into presidential elections
Electoral votes typically coincide with the winner of the popular vote in each state, as nearly all operate on a “winner-take-all” policy, with the exception of Nebraska and Maine. So if a candidate wins the popular vote in a state with a big population, like Texas or California, that candidate will gain a large number of electoral votes.
what body of congress must approve a treaty that the president has negotiated and the fraction of the vote they must approve by it
senate must approve a treaty by 2/3
how many electors does a candidate need to win the presidency?
the presidency is awarded to the candidate who wins at least 270 of the 538 available electoral votes.
how many electors are there
538
Name 3 powers of the president:
- commander in chief of the army and navy
- make treaties
- fill up all vacancies
Which body of congress approves nominations
house of reps for impeachments, who then act as prosecutors in front of the senate who act as the jury who vote to remove. (2/3 agreement needed!)
WHat is the term of office for the supreme court justices?
life/ as long as they want the job
When may supreme court justices be removed?
if they commit a serious crime
how many supreme court justices are there
9
who gets to decide how many federal courts we have
congress
1st amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a redress of grievances.
3rd amendment
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner,
nor in time of war, but in a manner to be prescribed by law
4th amendment
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to
be searched, and the persons or things to be seized.
5th amendment
Except during times of war or if you are in the military:
You can’t be tried for any serious crime without a Grand Jury meeting first to decide whether there’s enough evidence against you for a trial;
If at the end of a trial, the jury decides you are innocent, the government can’t try you again for the same crime with another jury;
You cannot be forced to admit you are guilty of a crime and if you choose not to, you don’t have to say anything at your trial at all;
You can’t be killed, or put in jail, or fined, unless you were convicted of a crime by a jury and all of the proper legal steps during your arrest and trial were followed; and
The government can’t take your house or your farm or anything that is yours, unless the government pays for it at a fair price.
6th amendment
If you are arrested and charged with a crime:
You have a right to have your trial soon and in public, so everyone knows what is happening;
The case has to be decided by a jury of ordinary people from where you are, if you wish;
You have the right to know what you are accused of doing wrong and to see and hear and cross-examine the people who are witnesses against you;
You have the right to a lawyer to help you. If you cannot afford to pay the lawyer, the government will.
8th amendment
Unjust bail torture
7th amendment
You also have the right to a jury when it is a civil case (a law case between two people rather than between you and the government).
10th amendment
Anything that the Constitution doesn’t say that Congress can do, is left up to the states and to the people
9th amendment
Just because these rights are listed in the Constitution doesn’t mean that you don’t have other rights too.
The powers of Congress, and also how those powers are limited
In short, Congress has broad powers to legislate, control finances, and manage foreign relations, but its powers are limited by constitutional provisions, checks from the executive and judiciary, and protection of individual rights.
The powers of the Supreme Court, and also how those powers are limited
The Supreme Court has the power of judicial review, the ability to interpret laws and the Constitution, and original and appellate jurisdiction in certain cases. However, its power is limited by its lack of enforcement authority, jurisdictional boundaries defined by the Constitution and Congress, political checks like impeachment, and its inability to create or amend laws
The limitations on presidential power are built into the Constitution’s system of checks and balances, where each branch (Legislative, Executive, and Judicial) can limit the others. These constraints, including constitutional provisions, laws, and judicial review, ensure that power remains balanced and not concentrated in one branch.
Marbury v Madison
established the idea of judicial review
court rules that the judiciary act gave the supreme court the power decide if a law was constitutional or unconstitutional
made the supreme court VERY powerful
McCulloch v Maryland
Established the doctrine of implied powers
supreme court count not tax and institution of the federal bank
congress has the power to create a federal bank
established the elastic clause that gave congress the power to do anything it needed to carry out its role as listed in the constitution
gave congress a lot of power
Gibbons v Ogden
made congress stronger
dealt with interstate trade
federal gov has the ultimate and supreme power so gibbons was able to continue his trade
expanded the power of congress who could now control trade between states
gave lots of power to the fed gov thought to be in the power of states
Why does marbury v madison still matter
it proves that an independent judiciary will have the last word on the law and the constitution
the case contains valuable cautionary tales:
courts can and will rise above the predictable political player
gives hope that the chaos and uncertainty of today will yield unknown breakthroughs
veto
override laws
popular soverienty
power to the people
weaknesses of the articles of confederation
unicameral congress in which 76% of states need to agree for something to be passed
treaties were complicated
100% yes to amend (impossible)
no money= no army
no tax
no executive no judicial
What was the problem with the economy in the articles of confederation (AOC)
3 diff economies
north- advanced city system
south- slave, population
mid- local
how long does articles of confederation last
10 years
what did the articles of confederation’s gov do
settle the western empire
in State constitutions who had veto power
governors
States politics: ____________
republicanism
bicameral legislature in State constitutions:
elected representatives and senate appointed
__________ was required for voting
property
taxing in State constitutions
import and export
inter-state strade
Hyper inflation
printing more money causes value to go down
Northwest ordinance of 1787’s major accomplishments
statehood in 3 states
congress appointed 3 judges and a governor to govern territory
when pop reached 5,000 adult male landowners-> elect territorial legislature
when pop reached 60,000-> elect delegates to state constitutional convention
in Northwest ordinance of 1787 what is prohibited
slavery
Annapolis convention # of reps
12 reps from 5 states
Which states participated in the Annapolis convention
new york, new jersey, Pennsylvania, virginia, delaware
What was the goal of the Annapolis convention
address barriers that limited trade and commerce between states
why was the Annapolis convention a failure
not enough states were represented to make any real progress
what did the Annapolis convention ask congress
to call a meeting of ALL states to meet in philadelphia to examine more than just trade commerce
When was the Slave rebellion of 1786-7
Daniel Shays’ Rebellion was brought about by a monetary debt crisis at the end of the American Revolutionary War. Although Massachusetts was the focal point of the crisis, other states experienced similar economic hardships.
brought by angry small farmers
What did daniel shays rebellion influence the gov to do
create a strong and democratic gov
social+ political stability=
economic growth
Anti-federalists
wanted fix AOC
who were some famous federalists
George Washington, James madison, john Adams, JOhn Jay, Alexander Hamilton
Federalists:
Wanted to keep AOC as it was
who were some famous anti- federalists
thomas paine, patrick henry,thomas jefferson
Factions:
urban vs rural
pro vs anti slavery
poor vs rich
urban vs rural: popular states vs small states
pro vs anti slavery: south vs north
poor vs rich: majority vs minority
Constitutional Convention: first major argument
first major argument between delegate over # of reps per state
Great comprimise
2 houses of congress
people elect reps
house of reps
bicameral
2 houses of congress
house of reps
elected by people, 2 year term, # based on pop per state, satisfied larger states
elastic clause
allows Congress to make laws not specifically mentioned in the Constitution.
major issues of convention
representation
general power of national gov
general power of national gov:
What was the relationship between the states and national gov?
anything that involving more than 1 state
electoral congress
power of presidents
each state gets a seat in congress and senate
to win need 270/538
power of presidents
indirectly elected to protect against the power of “the mob”
Slavery decision with taxation
slaves= 3/5 of a person
international slave trade prohibited
balance of power
checks and balances
do political parties express differenct political veins or do they promote divisions
george washington formed the first ___________ and appointed ________ _____________ to the treasury dept. and _______________ __________ to the state dept.
cabinet
Alexander Hamilton
Thomas jefferson
Alexander Hamilton
federalist party
wanted: stronger national gov, national bank, pro-business, probritish, anti immigration, supported NORTH/ urban
Thomas Jefferson
democratic republican
wanted: state rights, pro agriculture (no national bank, no tariffs), pro french, strict interpretation of constitution, pro immigration, supported SOUTH/ rural
federalist ideology ______ and becomes _____________ ____________
dies
democratic party
1828- democratic party ideals
donkey, pro slavery
Andrew Jackson- North
Martin Van Buren- South
national party of rich whites in south and poor whites in north
was the democratic parties enemies
anti-slavery, bank, anti- tariff
who were the whigs
pro bank, pro tariff, pro slavery
who were the first 3 presidents
George washington, john adams, thomas jefferson
republican party were ____-slavery
anti
Thomas Jefferson
democratic republican
continues federalist policies of banks and tariffs
George Washington
2 terms ( no one has too much power)
forms cabinet
federalist
foreign policy: neutrality-> isolationism
John adams
2 terms ( no one has too much power)
continues washington’s policies
federalist
Violates constitution by appointing midnight judges which leads to the Marbury vs Madison Case
foreign policy: neutrality-> isolationism
accepts defeat to another party (becomes tradition)
Why was Hamilton’s plan successful
good credit w foreign nations, created a national bank with national currency, payed of 20 mil in debt
whiskey rebellion outcome and reason for anger
washington gets a horse and leads army into small amount of supporters and “crushes them”
tax on whiskey
Hamilton’s financial plan
national bank: controls inflation by controlling money supply
80% private
20% public
foreign dept (britain and france), federal domestic debt (fed gov owes to private investors) , state debt
Adams was _________________ by new england and _____________. This made _____________ _____________ the vice president
supported
federalists
thomas jefferson
Impressment ________________ bc french are mad that US didn’t follow treaty made called ________ _____________ _________ __ ____
increases
Franco American treaty of 1778
Impressment:
act of kidnapping a ship, its contents and men then forcing them into your navy
XYZ affair
3 representatives sent from USA to France to attempt a treaty and are snubbed
3 frenchmen ( X, Y, Z, didnt give their names) didnt let them talk to french unless they payed a huge bribe
resulted in possible war in which they lost 300 ships
Alien Act:
gave president the power to deport any immigrant who was a risk to national security
Sedition Act:
gave president power to arrest anyone who opposed/ spoke out against war effort
Why was the sedition act bad
against free speech
all democratic republicans guilty
Compact theory
states determine if laws are constitutional
-doctrine of nullification (tariff issue)
- they have the right to nullify/create/cancel laws
Kentucky vs Virginia
Jefferson and madison’s response to sedition act
adams stacks court with __________ judges (AKA _______ ______) then jefferson refuses to sign them in
federalist
midnight judges
Marbury (a midnight judge) sues and eventually gets to supreme court were __________ _________, a ___________, is the supreme court chief
John Marshall
federalist
John Marshall decides that Marbury __________ get to become a judge and also says compact theory is __________
does
wrong
The Ruling about the compact theory gives _________ ________/ the supreme court all power
judicial review
eminent domain
the power of the government to take private property and convert it into public use, referred to as a taking. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
if its good for the public you must sell it
loving vs virginia
not written but a right
interracial marriage
Obergefell v Hodges
not written but a right
same-sex marriage
Roe v Wade
U.S. Supreme Court overturned Roe v. Wade, ending 50 years of federal protection of abortion rights in the U.S. and opening the door for states to craft their own bans. Since then, 14 states have banned abortion and 11 have established previously illegal limits on when a person can have one.
Griswold v Connecticut
rights to contraception
On June 7, 1965, the Supreme Court issued its famous Griswold v. Connecticut decision and struck down Connecticut’s 86-year-old Comstock law. By a vote of 7 to 2, the Court held that the law unconstitutionally invaded the privacy rights of married couples.
