Unit 5: the constitution Flashcards
natural laws
a natural and/ or divine order of things that regulates to human experience and how societies develop.
John Locke says
- natural unalienable rights (life liberty obtain property)
- social contract
- consent of the governed
John Locke believes in limited or unlimited gov?
limited gov (people are good)
Monterquieu says
ideal gov separates powers
- protect people against one branch controlling all
Rousseau says
rulers are public servants to the people, if they don’t do that then the government will be overthrown.
what was common sense about?
demands that Americans come together to declare independence from a corrupt brutal violent king
unicameral
one legislative body
articles of confederation, unicameral or bicameral?
uni
how does the articles of confederation say the government will work?
- unicameral legislator, each state had one vote
- law had 2/3 majority to get passed
- to change articles, there had to be a uniramous vote
-no executive or judicial branch
why were the articles of confederation weak?
- writers were reluctant to give congress powers
- lacked ability to collect taxes
-lacked executive and judicial branch
laws nearly impossible to pass bc 2/3 majority vote
-small states had equal power to large states - amendments were impossible to pass
shay’s rebellion
angry mob of farmers took over several courts and occupied them and wouldn’t let them operate
goals for new government: big states
farming/ trade benefits
- pop = representation
goals for new government: small states
keep power
- 1 to 1 vote
goals for new government: southern states
protect slavery
want to count slavery as population
goals for new government: northern states
- economic growth
–end slavery
-don’t count slaves as population
Virginia plan
big state’s idea
- bicameral house legislature
- both houses based on pop of states
-one house elected by state legislators
new jersey plan
small state’s idea
- exactly the same as article of conferderation
the great compromise/ Connecticut plan
bicameral legislature
what we have today
reserved powers
powers reserved for the states only
supremacy clause
national laws are supreme laws
commerce clause
federal government regulates interstate commerce
delegated/ enumerated powers
specific powers given to the federal government ( taxing, pay debts coin money…)
federalist papers
a series of essays written by john jay alexander Hamilton and James Madison defending the constitution to the public
federalist no. 10
factions are unavoidable, better to control than to destroy
how do you control factions?
large republic where republic elects representatives
why is pure democracy bad for factions?
factions would have to check
Federalist no. 51
separation of powers
- judicial branch = life time appointments
- legislative branch = sperate houses
-president = electoral college
fed no. 51 mnemonic :
area 51 is seperate
judicial check on executive
- declare actions unconstitutional
- chief justice presides over impeachment trail
judicial branch check legislative
rules fed/state law unconstitional
legislative check on judicial
change jurisdiction of federal courts
impeach federal judges
purpose amendments to override judicial decisions
executive check judicial
appoints judges
refuse to implement decisions
1st amendment
Freedom of Religion, Speech, Press, Assembly, and Petition (1791)
2nd amendment
Right to Keep Weapons (1791)
3rd amendment
Protection against Quartering Soldiers (1791)
4th amendment
Freedom from Unreasonable Search and Seizure (1791)
5th amendment
Rights of Persons Accused of a Crime (1791) right to stay silent.
6th amendment
Right to a Jury Trial in a Criminal Case (1791)
7th amendment
Right to a Jury Trial in Civil Cases (1791)
8th amendment
Protection from Unfair Fines and Punishment (1791)
9th amendment
Other Rights of the People (1791)
10th amendment
Powers of the States and the People (1791)
11th amendment
Limiting Law Cases against States (1798)
12th amendment
Election of the President and Vice President (1804)
13th amendment
Slavery Outlawed (1865)
Section 1: Abolition of Slavery
Section 2: Enforcement
15th amendment
black voting rights
16th amendment
income tax
17th amendment
Direct Election of Senators (1913)
18th amendment
prohabition
19th amendment
woman’s right to vote
20th amendment
Terms of office for congress
21th amendment
repeal prohabition
22nd amendment
terms of office for president
26th amendment
votes for 18 year olds
Article 1 section 1:
the congress
Article 1 section 2:
the house of reps
Article 1 section 3:
senate
Article 2 :
executive branch
article 3:
Judicial branch
article 4:
relations among the states
article 5:
amending the constitution
article 6:
debts, Federal supremacy, oaths of office
article 7:
ratification of the constitution
presidential actions
A: Executive orders are issued by the President of the United States, acting in his capacity as head of the executive branch, directing a federal official or administrative agency to engage in a course of action or refrain from a course of action.
judicial activism
judicial activism describes how a justice approaches judicial review, where judicial activists abandon their responsibility to interpret the Constitution and instead decide cases to advance their preferred policies.
Marbury v. Madison (1803).
established judicial review
judicial review
the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself.
advice and consent clause
“advice and consent” is a power of the United States Senate to be consulted on and approve treaties signed and appointments made by the president of the United States to public positions, including Cabinet secretaries, federal judges, Officers of the Armed Forces, United States attorneys,
concurrent powers
powers both state and fed have
implied power
powers that are not directly in the constitution, but are implied.
