Constitution/Articles of Confederation

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44 Terms

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James Madison

Proposed Virginia plan

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John Locke

  • Philosopher

  • Social contract

  • Many of his ideas are used in the Declaration of Independence

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Alexander Hamilton

  • Responsible for organizing the Annapolis Convention

  • Helped call for change of the Articles

  • Helped organize the Constitutional Convention

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Thomas Jefferson

  • President from 1800-1808

  • Approved Lousiana Purchase

  • Slave owner

  • Committed to U.S democracy

  • Founding Father

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Federalism

Split power between the federal government and state governments

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Social Contract

  • Idea of John Locke

  • Used in the Declaration of Independence

  • The idea that the government is responsible for protecting the rights of the people, the people are responsible for following laws in place

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Concurrent (Shared) Powers

Powers that both states and the federal government have

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Delegated Powers

Powers of the federal government

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Reserved Powers

Powers of the states

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Declaration of Independence

  • Inspired by the ideas of John Locke

  • Uses the idea of social contract 

  • “Break up letter” from Britan

  • Declares U.S independence from England

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Power to Declare War

A power held by the federal government

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Bi-cameral

Legislative has 2 parts

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Pocket Veto

  • The president can choose not to sign a bill passed by congress

  • President does not take action to sign the bill

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Filibuster

  • Used in the senate to stall before a vote

  • Senators are allowed to talk until time runs out, stalling the vote

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Cloture

A vote to end the fillibuster

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Gerrymandering

  • Controversial form of re-drawing boundaries for a congressional district

  • Gives specific candidate or party an advantage

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Federalist Papers

  • 85 essays written by Hamilton, Madison and John Jay

  • They argued for the ratification of the constitution

  • They wanted the federalist paper to help build public support for the constitution

  • The Federalist papers helped explain more about the ideas of the constitution

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Electoral College

  • Electors who represent the population of individual states

  • Each state gets a certain amount of electoral votes based on population size

  • Used in presidential elections

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Republic

The people have power through representatives

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Republicanism

  • Citizens can vote for their representatives

  • Elections

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Democracy

Government by the people

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Great Compromise

  • Large states vs. small states

  • Also known as the Connecticut compromise

  • Large pop states: wanted legislature determined by the population of the states

  • Small pop states: wanted every state to have an equal number of reps

  • How it was resolved: a 2-house system (bi-cameral) was created

  • One house was to be chosen by state population, and the other would be the same for every state

  • A combination of both the VA and NJ plan

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3/5ths Compromise

  • Southern vs Northern states

  • South wanted slaves to count towards the state population to give them more members in Congress

  • Northern states didn’t want slaves counted toward votes in Congress, arguing they should be considered property 

  • Solution: every slave counted as 3/5ths of a person toward the population

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Slave Trade Compromise

  • Slave states (Southern) wanted to import as many slaves as possible

  • Non-slave states (Northern) wanted the slave trade to end right away

  • Northern states believed it was cruel and wrong

  • Solution: the states agreed to end the slave trade in 20 years

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Commerce Compromise

  • Agricultural states vs Manufacturing states

  • Agricultural states (south) wanted Congress to deny the ability to tax imports

  • Manufacturing states wanted Congress to tax imports to help protect their businesses

  • Solution: It was agreed that Congress can tax the imports but not the exports

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Checks and balances of the Judicial branch

Checks Legislative by: Declaring laws unconstitutional

Checks Executive by: Declaring laws unconstitutional, the chief justice of the Supreme Court will be the judge of an impeachment trial

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Checks and balances of the Legislative branch

Checks Judicial by: Approving all judges, can amend the constitution

Checks Executive by: Can reject their nominees, can override a presidential veto with a ⅔ vote, ratified the treaties made by president

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Checks and balances of the Executive branch

Checks Legislative by: Vetoing laws, executive orders, pardons, VP vote breaks ties in the senate

Checks Judicial by: Appointing judges

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Separation of Powers

  • 3 separate branches of government

  • All the branches check each other

  • Checks and balances

  • No branch has more power than the others

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Executive Order

A way for presidents to take action without needed approval from Congress

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Pardons

A power held by the president to free someone from charges of a crime

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British Plan

  • Proposed by Hamilton

  • House of Lords, house of Commons

  • House of commons representatives are to be elected by “qualified citizens”

  • Executive: elected for life

  • Very similar to British government system 

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Virginia Plan

  • Proposed by James Madison and Edmund Randolf

  • Senate and House reps determined by state population

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New Jersey Plan

  • Supported by many small states

  • Legislative: (one house) reps elected by state legislatures

  • 1 state gets 1 vote

  • Elect an executive board

  • Executive: board of many presidents

  • Carries out laws

  • Can be removed by congress

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Powers of Congress, President and Supreme Court

  • Can coin money

  • Right to declare war

  • Right to maintain an army/navy

  • Rightr to regulate interstate commerce

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Powers reserved for the states

  • Marriage laws

  • Election laws

  • Public school

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Powers shared by Federal gov’t and states

  • Taxing

  • Speed Limits

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How is the Constitution amended?

  • Through proposal and ratification

  • ⅔ majority vote in congress needed

  • Once the idea is proposed it must be ratified by ¾ of states

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How does the electoral college system work?

  • Winner of popular vote gets electoral vote for each state

  • Electors

  • Winner takes all

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The checks and balances system

System that makes sure one branch of government isnt more powerful than the others

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Executive Branch

President:

  • Qualifications- must be 35 years old, have to be a citizen for 14 years

  • Length of Term- 4 years

  • How elected?- By the population, electoral collage

  • Powers?- Commander in chief, signs laws, can veto laws, nominates judges and exec dept leaders, can issue pardons

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Legislative Branch

House of Representatives:

  • Qualifications- have to be over 25 yrs old

  • Length of term- 2 years

  • How elected?- by the people

  • Powers?- proposes all money bills, brings impeachment to vote, votes on declaration of war, 

    Senate:

    • Qualifications- have to be over 30 yrs old

    • Length of Term- 6 years

    • How elected?- by the people

    Powers?- filibuster, approves all executive appointments, votes on dec of war

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Judicial Branch

  • Supreme Court

  • Powers?- Declares laws unconstitutional, tries federal cases,

  • Judges appointed by the president

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Bill of Rights

  • the first 10 amendments in the constitution

  • it lists the important rights and freedoms of the American people

  • Some states were concerned that the government would abuse their power without the Bill of Rights

  • Many states argued for individual-protected rights