Unit One: Constitutional Underpinnings Flashcards by Manu Patro

citizens meet and vote directly on government decisions

Direct Democracy

How well did you know this?

Not at all

Perfectly

citizens choose officials who make decisions on government policy

Representative Democracy (Republic)

How well did you know this?

Not at all

Perfectly

the first ever attempt to limit the power of the British King, guaranteed all people certain rights

Magna Carta

How well did you know this?

Not at all

Perfectly

Believed in a representative democracy (republic)

Locke

How well did you know this?

Not at all

Perfectly

Believed in direct democracy

Rousseau

How well did you know this?

Not at all

Perfectly

principle that people enter into a social contract with the government and allow to be ruled

Social Contract Theory

How well did you know this?

Not at all

Perfectly

principle that there are no supreme rulers, all rulers depend on the approval of the people, when governments fail to protect rights the people have the right to change the government

Consent of the Governed

How well did you know this?

Not at all

Perfectly

principle that all people are born with certain rights: life, liberty, and property (Jefferson changes property into pursuit of happiness)

Natural Rights

How well did you know this?

Not at all

Perfectly

Thomas Jefferson’s document built on principles of “life, liberty, and the pursuit of happiness” consent of the governed, and social contract theory. It also justified American revolution against England

Declaration of Independence

How well did you know this?

Not at all

Perfectly

Belief in doing what’s best for the nation overall

Common Good

How well did you know this?

Not at all

Perfectly

Belief that the ultimate authority rests with the people

Popular Sovereignty

How well did you know this?

Not at all

Perfectly

Belief that government is run based on the will of the majority

Majority Rule

How well did you know this?

Not at all

Perfectly

Weak association of states (states very independent)
No central executive power
No federal power to tax citizens directly
Federal government could raise an army, (but not pay for it), print money, declare war, and run the post office
9 out of 13 states were required to vote to pass a law
With no strong central government supervision, states could get away with taxing and printing money, and making foreign treaties

Articles of Confederation

How well did you know this?

Not at all

Perfectly

Farmer rebellion in Massachusetts 1786 1787 protesting mortgage foreclosures and terrible economy. Rebellion represented how weak the central government was, and terrified many Americans

Shays’ Rebellion

How well did you know this?

Not at all

Perfectly

Delegates meet in Philadelphia in 1787 to write a new constitution to replace Articles of Confederation–supported republic w/ 3 branches (executive, legislative, judicial)
Serious debates b/w federalists vs. antifederalists, North vs. South, big states vs. small states over new gov’t
Lead to compromises b/w these groups

Constitutional Convention

How well did you know this?

Not at all

Perfectly

Compromise between North and South that counted slaves as 3/5 of a person to give the south more representatives

3/5 Compromise

How well did you know this?

Not at all

Perfectly

Established two equal bodies (House of Representatives and Senate–bicameral legislature) one based on population, one giving all states equal representation. This was a compromise between big states (Virginia Plan) and small states (New Jersey Plan) over the format of the Congress

Connecticut Compromise (Great Compromise)

How well did you know this?

Not at all

Perfectly

supported the Constitution because it gave power to a strong central government

Federalists

How well did you know this?

Not at all

Perfectly

opposed the constitution because they thought the national government would become tyrannical and take power away from the states

Antifederalists

How well did you know this?

Not at all

Perfectly

articles written by Madison, Hamilton, and Jay arguing for the constitution

Federalist Papers

How well did you know this?

Not at all

Perfectly

written by Madison, discusses importance of factions, factions are inevitable, but factions are best handled by a large republic.

Federalist 10

How well did you know this?

Not at all

Perfectly

written by Madison, discusses importance of checks and balances and the separation of powers in the constitution

Federalist 51

How well did you know this?

Not at all

Perfectly

Congress could not tax, it relied on contributions from states
Congress couldn’t regulate interstate trade
No chief executive to enforce the law
No national judiciary to handle state fights
Each state was given only one vote

Articles of Confederation Weaknesses

How well did you know this?

Not at all

Perfectly

National government had power to tax directly
Interstate Commerce Clause gives Congress interstate regulatory power
Article II creates president who enforces the law
Article III creates Supreme Court
Bicameral legislature represents states both by population, and equality

Constitution Strengths

How well did you know this?

Not at all

Perfectly

Each of the three branches has its own power and independence

Separation of Powers

passes laws

Legislative Branch

executes laws

Executive Branch

Interprets laws (this power comes from Supreme Court Case Marbury vs. Madison – set dogma of judicial review, where the Supreme Court may rule an act of the President or Congress unconstitutional)

Judicial Branch

Each branch has some power over the others, but retains independence

Checks and Balances

* Approves budget * Passes laws * Can override veto * Can impeach president, judges * Approves appointments and treaties * Confirms judges and cabinet appointments

Legislative Checks

* Can propose laws * Can veto laws * Can call special sessions of congress * Can appeal to public * Appoints officials and judges * Can pardon convicted felons

Executive Checks

* Interprets laws * Can declare executive acts and legislative laws unconstitutional

Judicial Checks

Separation between powers of the Federal, State, and Local governments

Federalism

System of government in which the central government is very weak, and most of the true power lies in individual states

Confederacy

System of government in which the central government is extremely powerful, and individual states have few powers

Unitary System

Belief that the state and national governments are supreme within their own sphere of influence

Dual Federalism aka "Layer Cake"

sharing powers between state and federal governments

Cooperative Federalism aka "Marble Cake"

government’s patterns of spending, taxing, and providing grants to influence state and local governments

Fiscal Federalism

money given from the federal government to the states

Grants-in-aid

federal grants for specific purposes (building an airport)

Categorical grants

broad grants from the federal government that give local/state governments a lot of freedom to spend money as they please without many strings attached

Block grants

federal sharing of a fixed percentage of its revenue with the states

Revenue Sharing

terms set by the federal government that states must meet if they accept federal grants

Mandates

process of returning power to the states, this began during New Federalism under presidents Nixon, Reagan, and Bush

Devolution

Express, Implied, and Inherent powers

Federal Powers

powers listed (enumerated) in the constitution for the Federal government: go to war, raise an army, regulate interstate and foreign commerce, establish post offices

Expressed Powers

Based on necessary and proper clause (elastic clause) – gives congress flexibility to make laws necessary and proper for carrying out express powers, upheld in McCulloch v. Maryland

Implied Powers

powers dealing with foreign policy not in constitution, but given to federal government

Inherent Powers

* Regulate interstate commerce * Coin/print money * Provide army * Declare war * Establish federal courts * Set foreign policy * Make all laws “necessary and proper”

Federal Powers (Expressed, Implied, Inherent)

* Levy taxes * Spend for general welfare * Enact and enforce laws

Federal and State Powers (Concurrent)

* Regulate intrastate commerce * Establish local governments * Establish public schools * Administer elections * Establish licensing requirements

State Powers (Reserved)

Powers explicitly denied to government: - suspending writ of habeas corpus - passing bills of attainder - ex post facto laws

Denied Powers

being imprisoned without formal accusation

Habeas Corpus

laws that declare a person to be guilty

Bills of Attainder

“after the fact,” laws that make an act illegal after it was performed

Ex Post Facto Laws

power to tax and spend, establish courts, make laws

Concurrent Powers

Federal law is superior to state law. This came out of the court case McCulloch vs. Maryland, in which there was debate as to whether or not the Bank of the United States had to pay Maryland state taxes. The Supreme Court ruled that because the Bank of the US was NATIONAL it did not have to follow Maryland STATE law. This ruling overturned the idea of nullification by which states could override federal law

Supremacy Clause

Gives Federal Government authority to regulate all of interstate commerce. This clause gives the federal government authority to regulate businesses that go between state lines, and justifies many federal laws (Civil Rights Act)

Interstate Commerce Clause

president must enforce ALL laws passed by congress

Take Care Clause

states must honor laws and court rulings of other states

Full Faith and Credit

requires states to extend same privileges and immunities to all citizens (even of other states)

Privileges and Immunities

First 10 amendments to the Constitution that guarantees individual and states’ rights. This was a concession the federalists made to the anti-federalists to ensure constitution would be ratified

Bill of Rights

freedom of speech, assembly, petition, religion, press

1st Amendment

right to bear arms

2nd Amendment

no unreasonable searches and seizures

4th Amendment

right to a trial, no double jeopardy, individuals are not required to testify against themselves

5th Amendment

right to a speedy, public, and impartial trial with lawyer

6th Amendment

no excessive bails or fines, no cruel and unusual policies

8th Amendment

powers not given to the federal government or denied of the states are reserved to the states (states rights)

10th Amendment

1. 2/3 of congress propose amendment & 3/4 of states ratify it 2. State convention called by 2/3 of states propose amendments & 3/4 of states ratify (this method has only been used once, 21st amendment)

How to Amend the Constitution