Political science: constitution

What was the name of the first form of government set up by the Continental Congress after the American Revolution

The Articles of Confederation

Did any other country copy our form of government

no

John Green says the Articles of Confederation were not a framework for national government but rather a _______________

Firm League of Friendship

What are three things the government could do under the Articles of Confederation?

1) declare wars 2) conduct foreign affairs 3) make treaties

True or false: The government under the Articles of Confederation was deliberately weak.

true

Reason why the Articles of Confederation failed

could not collect taxes so it was broke

In government when is something usually done?

when rich people want it to be done

What are the three branches of government?

Legislative, Executive, Judicial

what did the great compromise create?

Two houses: House of representatives with each house from the state proportional to the amount of people in your state and the senate everyone is equal two from each state

What was the term used to describe the non-white people in the 3/5ths compromise?

Other people's or other persons, the term slave was never used

What were the two principles the Constitution embraced to avoid tyranny?

separation of powers and federalism

What is Federalism?

A sharing of power between states and national government. There are federal laws but also individual state laws.

what did alexander hamilton, james madison, and john jay write?

The Federalist Papers- why a strong government is necessary to be successful

what is a unicameral congress

1 vote per state

what were the powers of the government under the articles of confederation

war and peace, treaties, raise money, and raise army from the states

What were the weaknesses of the Articles of Confederation?

No power to tax, regulate commerce, no executive branch, and 13/13 to amend or no change

what happened as a result of economic chaos

Shays' Rebellion

when, where, and who created the constitution

Philadelphia, 1787, Washington, Madison, Franklin, Hamilton

What was the original purpose of the constitution

To regulate trade between states

what came out of the Connecticut (great) Compromise

The three branches of government, and how states were represented in congress

what was the Virginia Plan?

determined representation based on population, the large states liked it (more representation)

What was the New Jersey Plan?

All states were equally represented, the small states liked

What was bicameral legislature

The combination of the Virginia and New Jersey plan

How is the house represented

by population, the more populated the more votes they have

How is the senate represented

2 votes per state, no matter what each state gets 2

What is the 3/5 compromise?

"other people" (slaves or native americans) count as 3/5 of a person for representation and taxation

Commerce and Slave Trade Compromise

No export taxes, slave trade will continue for 20 years, was consider

What was considered a "Bundle of Compromises"

the Constitution

How many states were needed for the ratification of the Constitution

9 out of 13

What papers were used to rally support for the Constitution

The federalist papers- a bunch of letters in support, written by Alexander Hamilton, James Madison, John Jay

What were the two major features of the proposed Constitution that drew the heaviest fire

1) Greatly increased the powers of the central government 2) The lack of a bill of rights

What did the original constitution not provide

The basic liberties such as freedom of speech, press, and religion, nor the rights of a fair trial (nothing protects your rights)

Who were the Federalists?

supporters of the Constitution ratification, Madison, Hamilton, northern businesses, they thought the Articles were too weak and we need a large central government for the economy to prosper

Who were the Anti-Federalists?

people who opposed the Constitution, Patrick Henry, Samuel Adams, Southerners, planters, thought the national government needs a Bill of Rights

Where and when was the temporary capital

where: New York when: September 13, 1788

when was George Washington elected president

April 6, 1789

who was George Washington's Vice President

John Adams

When did George Washington take the oath of office?

April 30, 1789

What does the Preamble start with

We the people of the united states...

what was the first phrase of the preamble

to form a more perfect union

what was the second phrase of the preamble

to establish justice

what was the third phrase of the preamble

to ensure domestic tranquility

what was the fourth main phrase of the preamble

to provide for the common defense

what was the fifth main phrase of the preamble

to promote the general welfare

what was the sixth main phrase of the preamble

to secure the blessings of liberty

what is the concept that the people are in charge of the government

popular sovereignty

what is the idea that governments are restricted to the powers contained in the constitution and that no one is above the law

Limited government

what is the idea that the government is divided into three different branches each with their own powers

separation of powers

what principle says that each branch has the power to review the acts of the other branches to make sure they are not overstepping their powers or function

checks and balances

what does judicial review allow

judicial review checks that the laws passed by the other two branches are in line with the constitution and can declare something unconstitutional

Parts of Popular Sovereignty

political power rests with the people, consent of the governed, we have democracy, comes from the declaration of independence, "we the people" refers to this, includes everyone no matter their beliefs, when you participate you express the will of the people, voting, having an opinion, protesting are all forms of this...

Parts of separation of powers

three different groups, states already had this, distributes power and moves it to the 3 branches, legislative (makes laws) executive (enforces laws) judicial (checks if constitutional), designed to prevent a concentration of power and protect individual rights and liberties, no one branch can become too powerful

parts of check and balances

in order to limit the government there are checks, used to restrain one branch from being too powerful, each branch checks each other, executive can veto laws and acts of congress, legislative branch can override veto, judges/officials must be approved by the senate (legislative), legislative branch can impeach people (charges against people)

parts of judicial review

the judges biggest check, courts can rule whether something is

constitutional or not, supreme court is the highest interpreter of

the constitution, tariffs are under this, judge's opinion on someone can influence their decision

parts of federalism

division of power between federal and state/local governments, concurrent powers: all theses levels have the ability to do something, taxes are this, depend on the level (state, county, federal), federal only has the power coin money, declare war, and make treaties, state and local is supposed to take care of anything that is not in the constitution such as education, 10th amendment: everything is left up to the states, necessary and proper clause can conflict with this: says congress has the power to create any necessary and proper laws

when needed

What does it mean to amend an Amendment

to change the written words

what is article V of the constitution

outlines the process to change the Constitution

what are formal amendments

changes or additions that have become part of the constitution

what is the first method in amending the constitution

2/3 vote in congress (senate and house) then 3/4 (38) state legislatures to ratify OR 3/4 (38) state convention

What are state conventions call for

to see what the people really want

when was the only time a state convention was called

the 21st amendment to repeal prohibition

what is the second method to amend the constitution

2/3 (34) states request a national convention, then 3/4 (38) state legislature to ratify OR 3/4 (38) state convention called for that purpose

has congress ever actually called for a national convention

NO

how can a national convention be called

called by congress and then the Amend can be passes

is there a time limit to ratify an amendment

the supreme court says 7 years but the constitution does not specify

1 amendment

Provides 5 basic rights which are freedom of speech, press, assemble, protest, and religion.

2 amendment

A well armed militia is necessary to the security of a free state. The people have the right to keep and bear arms and can not be infringed.

3 amendment

This prevents the government from forcing home owners to allow soldiers to use their home, before this British soldier would take over private homes. No soldier shall in the line of peace be quartered in any home without the consent of the owner nor in the line of war.

4 Amendment

Keeps the government from unreasonable search and seizure of an individual or their private property. Warrant can be issued upon probable cause supported by oath or affirmation, and it is specifically described where to search

5 Amendment

Provides protection to people who have been accused of crimes. Serious criminal charges have to be enforced by a grand jury, and a person can not be tried twice for the same crime or have property taken away without just compensation. People also have the right against self-incrimination and can not be imprisoned without due process of law. Self incrimination and double jeopardy

6 Amendment

Additional protections against accused crimes are stated here such as the right to a speedy and public trial by an impartial jury (unbiased) and to be informed of the charges. The witness must face the accused and the accused is allowed their own witness and to be represented by a lawyer.

7 Amendment

Extends the right to a trial by a jury in federal civil cases, it must be more than $20.

8 Amendment

Keeps from having an excessive bail or fine and no cruel and unusual punishment

9 Amendment

Listing specific rights in the constitution does not mean that people do not have other rights that have not been spelled out. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

10 Amendment

The federal government only has those powers delegated in the constitution, if it is not listed then it belongs to the states or to the people. Powers that are not in the constitution are reserved to the states.

11 amendment

year: 1795, purpose: People can't sue states in federal courts

12 amendment

year: 1804, purpose: Changes in ballot to elect vice presidents and presidents, cause 1800 election

13 amendment

year: 1865, purpose: abolishes slavery, cause: civil war amendments

14 amendment

year: 1868, purpose: grants citizenship and equal protection, cause: civil war amendment

15 amendment

year: 1870, purpose: can't deny the right to vote because of race, color, or previous slave status, cause: civil war amendment

16 amendment

year: 1913, purpose: congress can tax income, cause: inspired by the progressive movement

17 amendment

year: 1913, purpose: people elect senators, cause: inspired by the progressive movement

18 amendment

year: 1919, purpose: prohibition on alcohol, cause: inspired by the progressive movement

19 amendment

year: 1920, purpose: women can vote, cause: WW1

20 amendment

year: 1933, purpose: New dates for terms of president and Congress, cause: Lame Duck

21 amendment

year: 1933, purpose: repeals prohibition (the 18th amendment)

22 amendment

year: 1951, purpose: presidential terms is capped at 2, cause: FDR's 4 terms

23 amendment

year: 1961, purpose: Washington DC can vote in Presidential elections

24 amendment

year: 1964, purpose: Bans poll tax, cause: Eisenhower/Vietnam

25 amendment

year: 1967, purpose: presidential succession and disability, causes: Eisenhower/Vietnam

26 amendment

year: 1971, purpose: voting age lowered to 18, cause: Eisenhower/Vietnam

27 amendment

year: 1992, purpose: congressional pay

what are the 3 types of rights

civil, natural, political

what is the bill of rights

the first 10 amendments

what is the E.R.A

Equal Rights Amendment

When was the ERA first introduced to Congress?

1923

When was the ERA passed in Congress (house and senate)?

1972

When was the original deadline for the ERA?

1982

How many states ratified the ERA

35 out of the 38 needed

What are the 6 principles of the Constitution?

1. Popular Sovereignty

2. Limited Government

3. Separation of Powers

4. Checks and Balances

5. Judicial Review

6. Federalism