Constitutional Foundations (copy)

confederation

form of government in which independent states maintain sovereignty & give just a few powers to a weak central government

Reason for Creation of Articles of Confederation

fear of abuse of power/tyranny by a central figure or government as experienced under British rule

republic

form of government in which people elect representatives to make decisions for them

Overall Weakness of Articles of Confederation

states kept too much sovereignty; unable to unify the country

Weaknesses of Congress under the Articles of Confederation

unable to get states to give them tax $ or soldiers for the military, could not regulate trade or force the states to use a uniform currency

Branches Missing Under Articles of Confederation

executive & judicial

Shays' Rebellion

rebellion in MA that signaled the need for a stronger central government

Overall Goal of Philadelphia Convention

create a stronger central government while still protecting liberty

Congress

legislative branch that is bicameral & consists of 2 houses--House of Representatives & the Senate

Great Compromise

created a bicameral Congress where the # of representatives in the House of Representatives is based on a state's population & each state has 2 Senators in the Senate

Three-Fifths Compromise

allowed southern states to count 3/5s of their slave population for the purpose of determining representation in the House of Representatives

Slave Trade Compromise

Congress could not outlaw the importation of slaves before 1808

Fugitive Slave Clause

escaped slaves had to be returned to their owners

Tariff Compromise

Congress could tax imports but not exports

Electoral College

method of selecting the President; winner must win a majority of the Electoral College votes (270/538)

Reasons for Creation of Electoral College

wanted to make sure less populated areas still had a voice & did not trust the public's level of knowledge

Reasons for Criticism of the Electoral College

a candidate can win the popular vote & still lose the election, the winner-takes-all system in states gives the candidate with the most popular votes all of a state's electoral votes, "swing" states get a lot of attention by candidates

federalism

division of power between the central (also known as national or federal) government & the states

separation of powers

division of power between the legislative, executive, & judicial branches

checks & balances

giving each branch of government tools to stop the abuse of power by the others

limited government

goal of the Framers in the Constitution = make sure the central government would not be too powerful; listed the specific powers of each branch in the Constitution

popular sovereignty

power rests with the people; consent of the governed; "We the People" in Preamble & achieved with election of the House of Representatives

Federalists

wrote the Federalist Papers to push for ratification of the Constitution; felt Constitution did a good job limiting possible power abuse; wanted a stronger central government

Anti-Federalists

opposed ratification of the Constitution; preferred power in the states & insisted on addition of the Bill of Rights

delegated powers

powers granted to the national government in the Constitution

implied powers

powers not specifically mentioned in the Constitution that are made possible using the necessary & proper clause (elastic clause)

reserved powers

powers not granted to the national government are set aside for the state governments (confirmed in the 10th Amendment; example = control education)

Reason for Life Terms for Federal Justices

desire to free them from political influence (outside pressures)

17th Amendment

allows for direct election of Senators so they are more responsive to the people; increases democracy

22nd Amendment

made a 2 term limit for the presidency

Powers Unique to the House of Representatives & Why

creating revenue bills & impeachment because they are closer to the people (elected every 2 years)

Powers Unique to the Senate & Why

approving or rejecting presidential appointments & treaties because they are more isolated from public pressure (serve for 6 years)

Amendment Process

2/3 of both houses of Congress to propose them & 3/4 of the state legislatures to ratify (goes to states because power rests with people)

Necessary & Proper Clause (Elastic Clause)

gives Congress the ability to add to/broaden its powers & change with the times

Supremacy Clause

makes the Constitution, national laws, & treaties the supreme law of the land

The Bill of Rights

1st 10 Amendments

1st Amendment

freedom of speech, press, religion, assembly, petition

4th Amendment

protection against unreasonable search & seizure; created in response to writs of assistance under British

Voting Rights Amendments

15th (African American males), 19th (women), 26th (18-20 year olds)

census

population count every 10 years; used to determine # representatives per state in the House

Unwritten Constitution & Examples

traditions that are accepted practice although not in the Constitution; Cabinet, political parties, congressional committees, lobbying

Flexibility & Examples

ability of the Constitution to change with the times through the amendment process, use of the elastic clause, & the Supreme Court's use of judicial review

Nationalization of the Bill of Rights

process by which the Supreme Court applied the Bill of Rights to the state governments & made the state governments also grant citizens the same protections through use of the 14th Amendment due process clause

due process

set procedures that must be followed by the government when accusing someone of breaking a law