US Constitution Flashcards
What was wrong with the Articles of Confederation?
-Congress was not strong enough to enforce laws or raise taxes.
-There was no executive branch or judiciary to balance power.
-The Confederation Congress lacked enforcement powers.
-Each state had sovereignty, leading to disputes and challenges.
What was the form of government under British control?
Under British control, the colonies had been ruled under a unitary form of government - one in which political power rests with one central/national government (of Great Britain in this case).
What was the form of government under the confederacy?
From 1781, they had been ruled under a confederal form of government, one in which virtually all political power rests with the individual states and little with the central/national government.
What was the compromise to devise a new form of government?
The compromise was to devise a new form of government - a federal form of government , one in which some political power rests with the national (known as the federal) government, but other, equally important, powers rest with the state government.
How was a compromise made on the representation of the states within government?
Large population states wanted representation in congress to be proportional to population size but small population states wanted equal representation.
A compromise was made so that Congress would be made of two groups, the House of Representatives (representation proportional to population) and the Senate (equal representation for all states, regardless of population).
How was a compromise made on the choosing of the president ?
Some thought that the president should be appointed, others thought the president should be directly elected by an Electoral College.
Give three examples of compromises in the constitution.
-Compromise on the type of governance (create a new form of government called federal)
-Compromise on state representation (HOR having proportional representation and the Senate having equal representation)
Compromise of choosing the president ( having a president indirectly elected by an Electoral College)
What are the key features of the constitution.
-It is codified
-Some of it is specific but some of it is vague
-Its provision is entrenched
What is a codified constitution?
A Constitution that consists of a full and authoritative set of rules written down in a single document.
What did the new US constitution consist of?
The new constitution was made up of seven articles, the first three of which explained how the three branches of the federal (national) government would work and what powers they would have.
What did Article I of the constitution establish?
Established congress as the national legislature, defined its membership, method of election and powers.
What did Article II of the constitution establish?
Established the president as chief executive, defined method of election and powers.
What did Article III of the constitution establish?
Established the United States Supreme Court and set out membership, method of appointment and powers.
What are the enumerated powers of the Constitution?
Powers delegates to the federal government - generally those enumerated in the first three Articles of the Constitution.
What are the implied powers of the constitution?
Powers possessed by the federal government by inference from those powers delegated to it in the constitution.
What are the reserved powers of the constitution?
Powers not delegated to the federal government, or prohibited to them by the Constitution, are reserved to the states or to the people.
What are the concurrent powers of the constitution?
Powers possessed by both the federal and state governments.
Give an example of the vagueness of the Constitution.
The power of Congress ‘to make all laws which shall be necessary and proper for carrying into execution the foregoing powers’
There is also the issue of whether certain powers belong only to the federal government, only to the state government, the both the federal and state governments.
What are the advantages of the amendment process?
- Super majorities ensure against a small majority being able to impose its will on a large minority.
- The lengthy and complicated process makes it less likely that the Constitution will be amended on a merely temporary issue.
- It ensures that both the federal and state government must favour a proposal.
