U.S. Constitution Flashcards
Amend/Change Articles of Confederation
Constitutional Convention 1787
A 2 house bicameral legislature created House of Representatives which is based on a states population and the Senate where each state gets 2 reps known as Senators
Great Compromise
For every 5 slaves owned, 3 would be counted for determining that states total population which determines that states number of representatives in the House of Representatives
3/5 Compromise
Framers of the Constitution did not trust the common man to elect the president. Each state provided w/ electoral votes (# of House of rep members plus 2 senators) electors choose the president
Electoral College
They believed in strong central gov’t supported ratification of the Constitution
Federalists
They wanted to limit power of gov’t, wanted a Bill of Rights added to Constitution
Anti-Federalists
Newspaper articles written to persuade people to ratify (approve) the Constitution
Federalist Papers (1787-1788)
Protect individual rights, limit the power of the government. Examples 4th amendment gov must have a warrant to search & seize limits power of the gov
Bill of Rights
Divided power equally into 3 separate branches, prevents 1 branch from becoming too powerful
Separation of Powers
Interprets the laws, chief justice presides over impeachment trial of the president, can settle disputes involving the U.S., can settle disputes between the states
Judicial Branch
Supreme court can declare laws “unconstitutional” as a result of Marbury vs. Madison (Chief Justice John Marshall)
Judicial Review
Makes the laws, Congress declares war, can override a presidents veto w/ a 2/3 vote
Legislative Branch
Carries out laws, examples of other powers: commander in chief, chief diplomat (represents U.S. in foreign affairs), negotiate treaties (senate approves), nominate supreme court justices
Executive Branch
Divided power equally into 3 separate equal branches, prevents 1 branch from becoming too powerful (avoid tyranny)
Checks and Balances
A division of powers between federal and state governments
Federalism
Declare war, coin $, maintain army, regulated interstate trade, make all laws which are necessary & proper
National (enumerated) aka Delegated Powers
Enforce laws, collect taxes, establish courts, maintain safely
Shared (Concurrent Powers)
Establish schools, regulate marriages, regulates interstate trade, assume powers not given to the national gov’t
State (reserved)
Change the constitution/ allow the Constitution to meet the changing needs of society, Allows constitution to be flexible, 1st 10 amendments are the bill of rights, 1st amendment- freedom of speech, press, religion, assemble, petition
Amendment
“Necessary & proper” clause, gov’t can create any power it needs A.K.A. implied power
Elastic Clause
Introduction to the Constitution, states the goals of the U.S. govt, What are the 1st three words of the Constitution? We the people, What does this mean? Power comes from the people (consent of the governed)
Preamble
People elect representatives to serve as their voice in govt
Republican Government
In this supreme court case (1803) Chief Justice Marshall established the power of judicial review Supreme Court has the power to interpret the constitution & declare laws unconstitutional
Marbury vs. Madison
Special interest groups hire these people to influence legislation passed by Congress for example powerful business groups that use their money to influence the laws that the federal government makes. Also part of the unwritten constitution
Lobbying