Constitution Test

AP Gov

What Came before the Constitution?

Articles of Confederation

What type of powers did the Articles of Confederation grant?

more power to the states; leading to a weak central government.

John locke

influenced the founding father’s and the idea of Natural rights (life, liberty, property)

WEAKNESSES of Articles of Confederation

no national military, cant tax, no control over trade, no executive or judicial branch, no federal supremacy, change requires a unanimous vote

Shay’s rebellion

pushed leaders to call the constitutional convention and create a stronger government w/ the new CONSTITUTION

What type of government did the Founding fathers aspire to create?

a strong, limited government with a limited executive.

What was combined to make the Great Compromise? (Connecticut Compromise)

Virginia Plan and the New Jersey Plan

Virginia plan was created by…

BIG states

New Jersey plan was created by…

SMALL states

Virginia wanted…

representation based on population and a strong national government

New Jersey plan wanted…

representation EQUAL across states, more power to the states

Virginia plan is associated with…

bicameral (two houses)

New Jersey plan is associated with…

unicameral (one house)

The Great Compromise created

a bicameral legislature; senate and house of rep.

strong national government

House is determined on…

POPULATION

Senate is determined on…

EQUALITY

Main reason for the Great Compromise…

settle representation in congress (big vs small states)

What was another creation from the Connecticut compromise?

Electoral College; vote tells STATE ELECTORS who to pick

What is the 3/5 compromise?

Each save counted as 3/5 of a person for representation and taxation.

All TAX LAWS must start in the…

House of Representatives

Formal Constitution control: Republicanism

people elect representatives to make laws and run the gov’t for them.

Formal Constitution control: Federalism

power is SHARED between the national and state gov’ts.

Formal Constitution control: Separation of Powers

gov’t divided into 3 branches= each with its OWN job.

Formal Constitution control: Checks and Balances

no single branch has too much POWER; can limit each other.

Informal Constitution control: political parties/ divided government

legislation can be blocked or slowed down when different parties control different parts of the government.

Informal Constitution control: insufficiency of the system

many bills fail due to external pressures; congress must be CAREFUL.

Delegated/ Enumerated Powers (formal):

written directly in the constitution

Implied Powers:

inferred from the constitution’s wording (Allowed through necessary and proper clause).

concurrent powers:

shared by federal and state governments.

Prohibited Powers:

powers denied to government

Reserved powers:

state powers (10th amendment)

McCulloch v Maryland

Maryland tried to tax national bank branch that was located in Maryland; Supreme Court said congress can create a national bank due to necessary and proper clause

What does necessary and proper clause say?

Congress can create laws needed to uphold the explicit powers (declare war, tax)

Prohibited power: bills of attainder

punish someone without a TRIAL

Prohibited power: ex post facto laws

punish people for acts that were legal when done.

Prohibited power: suspend habeas corpus

hold someone indefinitely without Due Process

What’s due process?

government must treat people fairly and follow the law before punishing them/ taking their rights.

Who wrote the Declaration of Independence?

Thomas Jefferson

Who wrote the U.S constitution?

James Madison

How many articles are in the constitution?

Seven

Constitution includes…

freedom and order, but not equality.

Article 1 is…

Legislative Branch

Legislative branch was intended to be…

the most POWERFUL

Powers of Congress include…

Taxing and spending, regulate commerce, override vetoes, impeachment/ removal of president/judges, make laws, create federal courts (except Supreme Court)

Article 1 also includes…

necessary + proper clause

Article 2 discusses the…

Executive Branch

Since they didn’t want another king, Article 2 was…

vague on purpose.

The executive branch can..

veto laws, enforce laws, appoint officials, make treaties, commander in chief of military

Article 3 discusses…

the Judicial Branch.

Judicial Branch created the

Supreme Court (numbers and powers not defined)

Judicial branch focuses on…

state case, foreign ambassador, maritime involved.

What is Marbury v. Madison?

Adams lost presidency against Jefferson, Adams appointed federal judges federalist judges on his way out. A few commissions never were written, causing Marbury to sue due to loss of job.

What introduced judicial law? What is it?

Marbury v. Madison, This became the final interpreter of the law

Article 4 discusses…

The relationship between the statesWhat

What else does Article 4 discuss?

contracts are validated across states, rights apply even if you’re visiting another state, extradition (send you back to home state when you commit a crime)

What is the most specific part of the constitution?

Article 5

What does Article 5 discuss?

How to formally change the constitution.

How many ways are there to propose/ ratify an amendment?

2 ways for both.

How many amendments have been added since its origin?

17.

All amendments have been ratified by…

Both chambers (house and senate) propose with at LEAST 2/3 agreement

What is the second way to propose an amendment that hasn’t been done before?

Allow state governments to propose an amendment.

How is an amendment ratified?

Each state is sent a copy of the proposal, and ¾ of the states need to agree!

Which amendment wasn’t ratified by the ¾ state decision?

21st amendment.

What did they do differently for the 21st amendment?

They allowed the people to vote, putting it on the ballot.

MOST COMMON Informal way to change the constitution:

Judicial Review (different interpretations of the constitution mean informally changed)

What does Article 6 discuss?

The constitution is the law of the land.

Which court case represented Article 6’s belief about the constitution being the law of the land?

McCuloch v. MarylandW

What does Article 6 say about the Articles of Confederation?

All debts incurred under the Articles remain valid under the new Constitution.

What does Article 7 discuss?

9/13 of the states’ votes needed to ratify the constitution. (replace articles)

True or false: It took a good amount of time for the Constitution to be put in order.

True.

What was added to the constitution to guarantee passage (last hurdle)?

The Bill of Rights.

What was the goal of the Federalists Papers?

To convince people that the constitution was great.

Who wrote the federalists papers?

Alexander Hamilton (wrote most), James Madison, and John Jay.

What does Fed #10 discuss? Who wrote it?

“Factions” (groups) are bound to happen, but one cant have too much power. James Madison.

What does Fed #51 discuss? Who wrote it?

Separation of powers/ checks and balances. James Madison.

What does Fed #70 discuss? Who wrote it?

One singular, strong president. Alexander Hamilton.

What does Fed #78 discuss? Who wrote it?

Independence of judiciary is essential (freedom to make decisions, no public opinion). Alexander Hamilton.