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History 10 by adeline > Unit 4 > Flashcards

Unit 4 Flashcards

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1
Q

What is The Preamble? According to the preamble who is putting the constitution forth?

A

introduction; put forth by the “people”

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2
Q

What are the goals the US Constitution is trying to achieve?

A

goals:
1. justice
2. peace
3. freedom

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3
Q

How often are representatives to be elected

A

every 2 years

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4
Q

how long is a term for a senator

A

6 years

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5
Q

How were senators originally chosen, how are they chosen now? Which amendment changed that

A

elected by state legislature; now by voters

changed by the 17th Amendment

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6
Q

who decides the times, places and manner for holding elections for congress?

A

shall be prescribed in each State by the Legislature

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7
Q

what federal body do all bills concerning taxes originate

A

house of reps

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8
Q

what faction of both houses must vote to override a veto

A

house of reps and senate both need to have 2/3’s agreement to override a veto

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9
Q

List 6 powers of congress

A
  1. lay + collect taxes
  2. borrow money
  3. regulate commerce with foreign nations
  4. establish post offices and roads
  5. declare war
  6. make rules for government land and naval forces
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10
Q

What clause gives congress the most general non-specific powers?

A

the commerce clause: broad about regulation of economy and passing protections

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11
Q

what are the limitations on the power of congress to deny people rights

A

The privilege of the writ of habeas corpus shall not be suspended; no bills of attainder passed; no ex post facto laws passed.

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12
Q

what is a bill of attainder

A

A bill of attainder is legislation that imposes punishment on a specific person or group of people without a judicial trial.

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12
Q

what is habeas corpus

A

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.

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13
Q

what is ex post facto

A

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.

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14
Q

Name 3 limits on the powers of states:

A
  1. enter a treaty, alliance or confederation
  2. coin money
  3. create/ pass a law impairing the obligation of concentration
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15
Q

how is it determined how many electors each state has?

A

of electors is equal to # of senators and representation to which the state may be entitled in congress

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16
Q

What role do electors play in the election of a president?

A

The electors individually cast their vote for president on one ballot and their vote for vice president on another

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16
Q

2nd amendment

A

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.

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16
Q

how does the popular vote factor into presidential elections

A

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.

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17
Q

what body of congress must approve a treaty that the president has negotiated and the fraction of the vote they must approve by it

A

senate must approve a treaty by 2/3

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17
Q

how many electors does a candidate need to win the presidency?

A

the presidency is awarded to the candidate who wins at least 270 of the 538 available electoral votes.

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17
Q

how many electors are there

A

538

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17
Q

Name 3 powers of the president:

A
  1. commander in chief of the army and navy
  2. make treaties
  3. fill up all vacancies
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17
Q

Which body of congress approves nominations

A

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!)

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18
Q

WHat is the term of office for the supreme court justices?

A

life/ as long as they want the job

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18
Q

When may supreme court justices be removed?

A

if they commit a serious crime

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18
Q

how many supreme court justices are there

A

9

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19
Q

who gets to decide how many federal courts we have

A

congress

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19
Q

1st amendment

A

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.

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20
Q

3rd amendment

A

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

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20
Q

4th amendment

A

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.

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21
Q

5th amendment

A

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.

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21
Q

6th amendment

A

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.

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22
Q

8th amendment

A

Unjust bail torture

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22
Q

7th amendment

A

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).

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22
Q

10th amendment

A

Anything that the Constitution doesn’t say that Congress can do, is left up to the states and to the people

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22
Q

9th amendment

A

Just because these rights are listed in the Constitution doesn’t mean that you don’t have other rights too.

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23
Q

The powers of Congress, and also how those powers are limited

A

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.

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24
Q

The powers of the Supreme Court, and also how those powers are limited

A

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

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24
Q
A

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.

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25
Q

Marbury v Madison

A

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

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25
Q

McCulloch v Maryland

A

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

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26
Q

Gibbons v Ogden

A

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

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26
Q

Why does marbury v madison still matter

A

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

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26
Q

veto

A

override laws

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27
Q

popular soverienty

A

power to the people

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27
Q

weaknesses of the articles of confederation

A

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

28
Q

What was the problem with the economy in the articles of confederation (AOC)

A

3 diff economies

north- advanced city system
south- slave, population
mid- local

28
Q

how long does articles of confederation last

A

10 years

29
Q

what did the articles of confederation’s gov do

A

settle the western empire

29
Q

in State constitutions who had veto power

A

governors

29
Q

States politics: ____________

A

republicanism

29
Q

bicameral legislature in State constitutions:

A

elected representatives and senate appointed

29
Q

__________ was required for voting

A

property

30
Q

taxing in State constitutions

A

import and export

inter-state strade

30
Q

Hyper inflation

A

printing more money causes value to go down

31
Q

Northwest ordinance of 1787’s major accomplishments

A

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

31
Q

in Northwest ordinance of 1787 what is prohibited

A

slavery

31
Q

Annapolis convention # of reps

A

12 reps from 5 states

32
Q

Which states participated in the Annapolis convention

A

new york, new jersey, Pennsylvania, virginia, delaware

32
Q

What was the goal of the Annapolis convention

A

address barriers that limited trade and commerce between states

33
Q

why was the Annapolis convention a failure

A

not enough states were represented to make any real progress

33
Q

what did the Annapolis convention ask congress

A

to call a meeting of ALL states to meet in philadelphia to examine more than just trade commerce

33
Q

When was the Slave rebellion of 1786-7

A

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

33
Q

What did daniel shays rebellion influence the gov to do

A

create a strong and democratic gov

33
Q

social+ political stability=

A

economic growth

34
Q

Anti-federalists

A

wanted fix AOC

34
Q

who were some famous federalists

A

George Washington, James madison, john Adams, JOhn Jay, Alexander Hamilton

34
Q

Federalists:

A

Wanted to keep AOC as it was

35
Q

who were some famous anti- federalists

A

thomas paine, patrick henry,thomas jefferson

35
Q

Factions:

urban vs rural

pro vs anti slavery

poor vs rich

A

urban vs rural: popular states vs small states

pro vs anti slavery: south vs north

poor vs rich: majority vs minority

35
Q

Constitutional Convention: first major argument

A

first major argument between delegate over # of reps per state

35
Q

Great comprimise

A

2 houses of congress

people elect reps

house of reps

36
Q

bicameral

A

2 houses of congress

36
Q

house of reps

A

elected by people, 2 year term, # based on pop per state, satisfied larger states

36
Q

elastic clause

A

allows Congress to make laws not specifically mentioned in the Constitution.

37
Q

major issues of convention

A

representation

general power of national gov

37
Q

general power of national gov:

What was the relationship between the states and national gov?

A

anything that involving more than 1 state

37
Q

electoral congress

A

power of presidents

each state gets a seat in congress and senate

to win need 270/538

37
Q

power of presidents

A

indirectly elected to protect against the power of “the mob”

37
Q

Slavery decision with taxation

A

slaves= 3/5 of a person

international slave trade prohibited

37
Q

balance of power

A

checks and balances

38
Q

do political parties express differenct political veins or do they promote divisions

A
39
Q

george washington formed the first ___________ and appointed ________ _____________ to the treasury dept. and _______________ __________ to the state dept.

A

cabinet

Alexander Hamilton

Thomas jefferson

40
Q

Alexander Hamilton

A

federalist party

wanted: stronger national gov, national bank, pro-business, probritish, anti immigration, supported NORTH/ urban

41
Q

Thomas Jefferson

A

democratic republican

wanted: state rights, pro agriculture (no national bank, no tariffs), pro french, strict interpretation of constitution, pro immigration, supported SOUTH/ rural

42
Q

federalist ideology ______ and becomes _____________ ____________

A

dies

democratic party

43
Q

1828- democratic party ideals

A

donkey, pro slavery

Andrew Jackson- North
Martin Van Buren- South

national party of rich whites in south and poor whites in north

43
Q

was the democratic parties enemies

A

anti-slavery, bank, anti- tariff

44
Q

who were the whigs

A

pro bank, pro tariff, pro slavery

45
Q

who were the first 3 presidents

A

George washington, john adams, thomas jefferson

45
Q

republican party were ____-slavery

A

anti

46
Q

Thomas Jefferson

A

democratic republican

continues federalist policies of banks and tariffs

46
Q

George Washington

A

2 terms ( no one has too much power)

forms cabinet

federalist

foreign policy: neutrality-> isolationism

46
Q

John adams

A

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)

47
Q

Why was Hamilton’s plan successful

A

good credit w foreign nations, created a national bank with national currency, payed of 20 mil in debt

47
Q

whiskey rebellion outcome and reason for anger

A

washington gets a horse and leads army into small amount of supporters and “crushes them”

tax on whiskey

48
Q

Hamilton’s financial plan

A

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

49
Q

Adams was _________________ by new england and _____________. This made _____________ _____________ the vice president

A

supported

federalists

thomas jefferson

49
Q

Impressment ________________ bc french are mad that US didn’t follow treaty made called ________ _____________ _________ __ ____

A

increases

Franco American treaty of 1778

49
Q

Impressment:

A

act of kidnapping a ship, its contents and men then forcing them into your navy

50
Q

XYZ affair

A

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

50
Q

Alien Act:

A

gave president the power to deport any immigrant who was a risk to national security

50
Q

Sedition Act:

A

gave president power to arrest anyone who opposed/ spoke out against war effort

51
Q

Why was the sedition act bad

A

against free speech

all democratic republicans guilty

52
Q

Compact theory

A

states determine if laws are constitutional

-doctrine of nullification (tariff issue)
- they have the right to nullify/create/cancel laws

52
Q

Kentucky vs Virginia

A

Jefferson and madison’s response to sedition act

53
Q

adams stacks court with __________ judges (AKA _______ ______) then jefferson refuses to sign them in

A

federalist

midnight judges

53
Q

Marbury (a midnight judge) sues and eventually gets to supreme court were __________ _________, a ___________, is the supreme court chief

A

John Marshall

federalist

54
Q

John Marshall decides that Marbury __________ get to become a judge and also says compact theory is __________

A

does

wrong

55
Q

The Ruling about the compact theory gives _________ ________/ the supreme court all power

A

judicial review

55
Q

eminent domain

A

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

56
Q

loving vs virginia

A

not written but a right

interracial marriage

57
Q

Obergefell v Hodges

A

not written but a right

same-sex marriage

58
Q

Roe v Wade

A

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.

59
Q

Griswold v Connecticut

A

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.

History 10 by adeline (3 decks)

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