US Constitution Flashcards
The first constitution for the U.S., in effect from 1781 until 1789. This form of government demonstrated the colonists’ fear of a strong central government by providing most of the power to the individual states. In short, this provided a weak national government.
Articles of Confederation
These two laws (or ordinances) were created under the Articles of Confederation. They set a pattern for development of the old Northwest and provided guidelines for new states joining the nation. Slavery was also prohibited in the old Northwest under these laws.
Land Ordinance of 1785 and Northwest Ordinance of 1787
A meeting in Philadelphia, Pennsylvania in the summer of 1787 to revise the Articles of Confederation. Instead, an entirely new form of government was created that gave more power to the central (also called national or federal) government.
Constitutional Convention
A central issue of disagreement between large and small states during the Constitutional Convention. Large states proposed the Virginia Plan and small states proposed the New Jersey Plan to decide this issue. In the end, a compromise was reached.
Representation in Congress
This agreement decided the issue of representation in the new Congress created under the Constitution. It provided for a bicameral legislature with representation in one house based on population and representation in the other based on equality.
The Great Compromise
This is sometimes called ‘The Connecticut Compromise’ because it was presented by delegates from Connecticut (Sherman).
Another phrase for a two-house law making body. The Great Compromise (or Connecticut Plan) called for this, creating both the House of Representatives and the Senate.
Bicameral Legislature
This agreement was added to the Constitution to provide a way to count enslaved African-Americans in the census that is conducted every ten years in order to determine each state’s representation in Congress.
Three-Fifths Compromise
What was the Commerce Compromise?
Under this agreement, delegates at the Constitutional Convention agreed that no taxes on exports could be levied and Congress could not prohibit the slave trade for 20 years. However, the central government was given the power to regulate interstate commerce.
Another term for each representative at the Constitutional Convention. There were 55 of these from 12 of the 13 states, mostly from the upper-classes of society.
Delegate
What does ratification (or to ratify) mean?
Another term for approving of, or adopting, the new Constitution. After writing the new Constitution, it had to go through this process and be adopted in 9 out of the 13 states.
The term for those people strongly in favor of ratifying, or adopting, the new Constitution. Alexander Hamilton, John Jay, and James Madison wrote a series of essays to explain the position of this group.
Federalists
The term for those people strongly opposed, or against, ratifying the new Constitution. This group wanted a Bill of Rights added to the Constitution before it was adopted in order to protect the rights of the people.
Anti-Federalists
A series of pro-ratification essays written by Alexander Hamilton, John Jay, and James Madison. These essays were vital in New York’s ratification debate.
The Federalist Papers
Define: Bill of Rights
The first 10 amendments to the U.S. constitution adopted in 1791 after the Constitution took effect. These amendments were demanded by the Anti-Federalists and protect basic rights and liberties of the American people.
What is the Preamble of the Constitution?
The introduction to the Constitution, starting with the words ‘We the People’. This section spells out the reasons or purposes of the U.S. Constitution.
A key principle of the U.S. Constitution which suggests that the source of all power, or authority, to govern is the people. ‘Power to the People!’
Popular Sovereignty
A key principle of the U.S. Constitution which holds that the government has limits on its power because the Constitution specifically defines the powers of government.
Limited Government
Define/Explain Federalism
The division, or sharing, of power between the Federal (or national or central) government and the individual state governments.
Under our system of federalism, those powers that are given, or handed off, to the federal, also called national or central, government.
Delegated Powers
Under our system of federalism those powers that are kept, or maintained, by the individual state governments.
Reserved Powers
Under our system of federalism, those powers that are shared or held by both the federal government and the individual state governments.
Concurrent Powers
What is meant by separation of powers?
The principle of the U.S. Constitution which establishes that the power to govern is divided among three branches - legislative, executive, and judicial - in order to ensure that no single branch can dominate the government.
A principle in the Constitution which establishes that each branch has ways to control, or limit, the other branches. This prevents one branch from gaining too much power.
Checks and Balances
A key principle in the Constitution which allows the Constitution to change, or adapt, to meet the changing needs of the American people and society.
Flexibility
What is the Elastic Clause?
Article 1, Section 8, Clause 18 of the Constitution which states that Congress can make all laws ‘necessary and proper’ for carrying out the tasks listed in the U.S. Constitution.
The formal procedures for changing the Constitution, which requires the approval of both Congress and three-fourths of the states.
The Amendment Process
What is the Unwritten Constitution?
Those things we do in government and politics that are based on custom and tradition and are not formally expressed in the U.S. Constitution.
What is the Supremacy Clause?
Found in Article 6 (VI) of the Constitution, this makes the Constitution, federal laws, and treaties superior, or possess more authority, than state laws.
The powers that are denied or prohibited to either the national or state governments. For example, the federal government cannot tax exports. States cannot print their own money.
Denied Powers
The branch of the federal government that is responsible for making the laws. This branch is spelled out in Article 1 of the Constitution.
Legislative Branch
The branch of the federal government that is responsible for enforcing, or executing, the laws. This branch is spelled out in Article 2 of the Constitution.
Executive Branch
The branch of the federal government that is responsible for interpreting the laws and the Constitution. This branch is spelled out in Article 3 of the Constitution.
Judicial Branch
What is the Electoral College System?
This is the method we use to elect the President. Under this process, voters cast their ballots for electors who then cast the actual votes for President and Vice President.
What does the First Amendment say?
This amendment to the Constitution provides five key freedoms that Americans enjoy, including the freedoms of religion, speech, assembly, and petition (protest) as well as freedom of the press.
What does the Second Amendment say?
This amendment to the Constitution provides that ‘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.’
This amendment protects Americans from unreasonable searches and seizures by the government, including the police.
Fourth Amendment
This amendment prohibits ‘cruel and unusual punishments’ as well as excessive bail and fines.
Eighth Amendment
This amendment guarantees the right to a speedy trial by a jury in criminal cases.
Sixth Amendment
This is the method of reading or interpreting the Constitution narrowly, or line by line. Interpreting the Constitution this way limits the government to those things specifically spelled out in the document.
Thomas Jefferson interpreted the Constitution in this way UNTIL the Louisiana Purchase.
Strict Construction or Interpretation
What does ‘Loose Construction’ or ‘Loose Interpretation’ mean?
This is the method of reading or interpreting the Constitution broadly, or more freely. Interpreting the Constitution this way gives the government more room to act.
This English document, from the year 1215, limited the power of the king and provided basic rights for citizens. It influenced the form of government that was established eventually in the United States.
The Magna Carta
The English document signed in 1689 that guaranteed the rights of English citizens. This, in addition to the Magna Carta, helped form a foundation for the government that was eventually established in the US.
The English Bill of Rights
What was the Enlightenment? How did it impact the US?
The Enlightenment was an 18th century movement of ideas during which European thinkers believed that a society’s problems could by solved by REASON and SCIENCE. It was a backlash against the Age of Absolutism in which monarchs had unlimited power. The US was founded largely from Enlightenment ideas.
What are some WEAKNESSES of the government under Articles of Confederation (our FIRST government BEFORE the US Constitution)?
- The state governments had most of the power; Central government was weak.
- Congress could NOT tax.
3) The Articles could NOT be amended unless ALL 13 STATES agreed…and they never did!
4) There was NO PRESIDENT (Executive) to enforce laws.
5) ) There were NO FEDERAL COURTS (Judicial Branch)
6) And Others! It was WEAK!
In what ways can the US Constitution be considered ‘A Living Document’?
1) It can be AMENDED (Changed)
2) It is constantly being interpreted and re-interpreted by the Supreme Court.
3) The Elastic Clause gives the legislative branch powers that are ‘necessary and proper’ to deal with issues WE FACE TODAY.
How is the US Constitution similar to the New York State Constitution?
Both Constitutions establish 3 branches of government; Both Constitutions call for a BICAMERAL (Two House) legislature; Both Constitutions LIMIT THE POWER OF GOVERNMENT; and more…. There are A LOT of similarities.
Can you recall the FIVE Ws of the Constitutional Convention? WHO? WHAT? WHERE? WHEN? WHY?
WHO? 55 Delegates from 12 of the 13 states (Rhode Island was ABSENT!)
WHAT? A convention is a MEETING with a purpose.
WHERE? Philadelphia, PA
WHEN? Summer of 1787 (May until September)
WHY? They actually met to REVISE (Change) the Articles of Confederation. Instead, they wrote a whole NEW Constitution!
