Quiz Topic 3, Constitution, & Spirit of 87'

Flexibility

constitution has to be able to change over time

Convention

special legislature with a more narrow purpose (alt. to legislatures)

checks & balances

interdepending of the branches

What was the delegates of Spirit of 87 main goal

Fix problems of AOC, determine what makes a gov legitimate, political reality =create compromises

Characteristics of AOC

Too democratic, League of friendship among states, 2 delegates per state or max of 7, sovereignty in states, transitioned from a parliamentary, unicameral

Formal change

constitution change in words =amendments

8 amendments known as

hanging horse thiefs

Informal change

changing interpretation of constitution by Supreme Court ex: 8 amendment- not executing people for crimes anymore but nothing in the constitution changed physically

Amendment procedure- Article V

1)Proposal of legislation: - 2/3 both houses of congress, 2/3 of states call for national constitutional convention

2) Ratification: -3/4 state legislatures, ¾ state conventions (example of federalism)

-final approval of constitution, treaty, or amendment

What is the beauty of our amendment process

we can ratify any policymaking institution that is fundamentally out of whack

How many ways are there to amend?

4

2 things that are unamendable

congress cannot end international slave trade until 1808 (1.9.1), equal representation of senate (article v)

Shays Rebellion

people fought in revolutionary war and didn’t get paid back, taxes were I and farmers were going into debt because they weren’t paid back, farmers had guns from war and tried to stop judges chanting “no taxation w/out representation”, Habes Corpus was created

Constitution

nations fundamental law or “the supreme law of the land”, sets rules and basic principles, contains 27 amendments

Outline of U.S. Constitution

Preamble- purpose of the Constitution

Article I- creates the legislative branch

Article II- creates the executive branch

Article III- creates the judicial branch

Article IV- relations among the states

Article V- amending the Constitution 

Article VI- national debts, supremacy of national law, and oaths of office 

Article VII- ratifying the constitution

Types of Federal Courts

1) Constitutional- formed under Article 3 to exercise judicial power of U.S

2) Special- Article 1 courts, court of appeals, etc

6 basic principles of constitution

1)popular sovereignty- consent of governed, power to people

2)Limited gov-gov is restricted in what it can do

3)separation of powers- 3 equal branches

4)checks & balances-permits branches to check each other

5) judicial review-court determines constitutionality of gov action

6) federalism-written constitution separates power between central, national, regional gov

Framers ideas of limited gov

gov poses a threat to individual liberty, exercise of gov power must be restrained, to divide power is to curb it and prevent its abuse

bicameral

legislative body w/ 2 chambers

Executive article

article 2 of constitution that establishes presidency + gives executive power of federal gov to president

inferior courts

lower federal courts, under supreme court

constitutionalism

gov and governed must obey the law

rule of law

everyone is above law

veto

rejecting a bill

Spirit of 87

what is driving us, what do we value, electoral college is more complicated

power of federal gov

maintain army/ navy, declare war, coin money, regulate trade, make treaties

power of state

conduct elections, establish schools, reguluate business within a state, establish local gov, regulate marriage/divorce, assume powers

shared power between federal and state

enforce laws, establish courts, collect taxes, borrow money, secure pop., make laws, build infrastructure

Bill of rights

first 10 amendments

Implied power doctorate

congress has power that is “necessary and proper” to carry out powers because its something they can actually control ex: national bank isn’t mentioned in the constitution but its implied

Writ of Habeas Corpus

cannot be put in jail w/out explanation from the judge and there has to be an ok from them before anything

amendment

change/addition to constitution/law

executive agreement

binding agreement w/ law that does not require senate consent

syntax

pick a product and make less affordable ex: cigs

Northern vs. Southern States

-slave war-

N- didn’t want S to have > power because they wanted slavery

-3/5 clause: count a slave as 3/5 of a person (FEDERAL RATION IN AOC)

-fugitive slave clause: if a slave runs away, its the other states responsibility to return that slave to their original state

-1808 clause: we cannot end the international slave trade until 1808

Necessary and proper clause = implied power

treaty

formal agreement w/ 2 or more sovereign states

electoral college

select pres. and vice pres.

cabinet

advisory body to pres

senatorial courtesy

unwritten rule that is closely followed in the senate

advantages of federalism

-division of powers-

allows for local action in matters of local concern and national actions in wider concern, allows for differing circumstances among states, location enacts policies, allows for innovation in solving public policy issues, provides strength from union

disadvantages of federalism

lack of coordination via overlapping jurisidictions ex. natural disasters, controversial topics= unorganized efforts

Types of delegated powers

1) Expressed-(enumerated powers) spelled out directly in C

2)Implied- explicitly states in C but implied by expressed power

3) Inherent- any gov of any sovereign union would have

division of powers

geographic basis

reserved powers

powers not granted by constitution to national gov or deny states

-police power, power of state to protect public health, public morals, public safety, general welfare

concurrent powers

both national and state possess and exercise

-collect taxes, make laws, set punishments for crimes, take private property for public, build roads

Supremacy Clause *Linchpin of Constitution*

provision of U.S. C taht states federal treaties are the “supreme law of the land” (used to resolve problems of federalism and make it a working reality)

Admitting new states procedure

1) area residents ask congress to formally approve

2)area holds a convention to write a constitution (enabling act)

3)area voters and congress need to approve

4)congress passes an act of admission

5)president signs off

only congress has the power to admit

shared powers in federal system

federal grants in aid- federal $ or other resources to states, cities, counties,etc.

Types of federal grants to states

1) Block- used for broad purposes where states have freedom to decide how to spend the money ex: social services, transportation, education

2)Categorical- used for closely defined purposes w/ conditions set by federal gov ex: construction of airports, wastewater plants, support for senior citizens, distribution of school lunches

3)Project-used for individual projects that states, localities, and private agencies compete for ex:research into diabetes, implementation of an innovative educational program

enabling act

directs people to frame constitution as a step toward admission to the union

act of admission

admitting a state to the union

interstate compacts

formal agreement w/ consent of congress among states and foreign states

Full faith and credit clause (only civil not criminal matters)

requirement that each state accept public acts (laws of a state), records (documents like birth certificates), and judicial proceedings (outcome of court decisions)

extradition

legal process which a fugitive from justice in one state is returned to that state

Priveleges and immunities clause

all citizens are entitled to certain “priveleges and immunities regardless of their state of residence

bigamous cohabitation

marrying and living together while a previous marriage is still legally in effect

bonafide (lowkey irrelevant but just incase)

good faith (relates to nevada in reading)