apush- constitution

when the constitution established?

when the constitution established?

1787

causes of making the constitution?

• shays rebellion caused delegates to rewrite the AOC

• decided they needed a strong gov

re-writing the AOC (Virginia plan, NJ plan)

• 1787

• Virginia plan- large states, wanted legislator membership based on population

• NJ plan- small states, equal amount of reps

• roger Shirmen made the great compromise with a bicameral legislator

3/5 compromise

with struggle to decide population, they decided that every 5 slaves, 3 counted towards representation

federalists

• supported a new constitution

• balance of power

• strong central gov

anti-federalists

• opposed strong central gov

• didn’t support constitution

federalists papers

85 essays explaining the constitution. john jay, hamilton + maddison

federalism

divides power between state + federal

federalism- states

• allows states to deal with local issues

• powers to the states are reserved powers

• ex. local govs, state commerce, schools

federalism- federal

• strong + effective

• powers are delegated/enumerated powers

• ex. military,, declare war, postal systems

shared powers

• taxes

• courts

• regulate banks

• punish criminals

• provide for general wellfare

legislative branch

• congress: house of rep (435) + sente (100)

• little more power

• makes laws

judicial branch

• supreme court

• decides if laws are constitutional

executive branch

• president, vice + cabinet

• carry out laws

checks + balances: legislative branch

checks judical- impach, reject to hire supreme court, propose constitutional amendments to overrule SC

checks executive- impeach pres, override veto

checks + balances: executive branch

checks legislative- veto bills

checks judical- appoint judges

checks + balances: judicail branch

checks legislative- declare laws unconstitutional

checks executive- declares actions unconstitutional

divided by

articles, sections, clauses

Article 1

legislator

house of representatives

• 2 yr term

• 25 yrs old, 7 yr citizen, state resident

• # per state depends on reappointing districts

• tax bills must start here

sente

• 6 yr term, 2 per state

• 30, 9 yr citizen + resident

• voted directly by people

• VP is president of the senate

• jury impeachments, 2/3 needed to convict

filibuster

delay a vote in sente by talking, 60 votes to end

censure

taking away congress members power

congress powers + denied powers

• can tax to: pay off debt, provide defense, for commen wellfare

• declare war!!!

• control military + m money '

• national guard: suppress riots, invasions + exacute laws of union

denied powers:

• cant suspend the writ of horbus capus (fair trial) unless during an invasion/war

• cant take $ from treasury

elastic clause

congress has the right to enact any law deemed necessary or Propper

• expands powers of congress

article 2:

executive

article 2 info:

power held by vp+president

• 4 yr term, 22nd amendment = 2 terms max, doesnt have to be consecutive

• qualifications: 35, natural born citizen, 14 yr resident

• youngest- theadore roosevelt, oldest- biden

emculments clause

not receive any other payment in office

shays rebbellion

• led to the decision to re write the aoc and make constitution

article 7: ratification

giving formal consent, like ratifying the constitution

• delegates from all states need to approve a ratification

• 9/13 to approve

impeachment

• congress impeaches, president/sc members

  • senete: 2/3

  • house: 218 votes

• all civil officers removed from office for convection of:

• treason

• bribery

• high crimes

• cannot be pardened

gerrymaderning

changing district lines for political power

how a bill becomes a law

1. bill introduced by a member of congress (one house)

2. committee meets + vote on the bill

3. approved bill goes through both chambers

4. approved bill presented to settle differences + vote on different version

5. vote on final bill

president signs it or vetos it

writ of habues corpus

protects unlawful punishment

treason

act of waging war against us, supporting opposite side during a war

• to convict requires 2 witness/confession

• death Penalty

how to amend + ratify the constitution

• 2/3 congress needs to propose the amendments

• 23 state legislatures ask congress for a convention

• ¾ states ratify an amendment

ratify:

• first 10 are the bill of rights

• 27 in total

• approving a proposed amendment

article 6: general provisions (supremacy clause)n

constitution and federal is law of the land

jurisdiction

power/right to apply the law

1st amendment

freedom of:

• speech

• press

• petition

• assembly

• religion

2nd amendment

well regulated militia, necessary to security, right for the people to bear arms

3rd amendment

soldiers cannot live in houses w/o consent

4th amendment

• protects privacy

• prohibits unnecessary search of private property

5th amendment

double jeopardy: cannot be tried twice for the same crime

self incrimination: cannot be forced to testify against youself

miranda rights: due process of law

6th amendment

• right to an attorney

• speedy+public trial

• face the witness

• informed of charges against you

related to habius corpus

7th amendment

right to trail by jury in all civil cases

8th amendment

• prohibits excessive bail

  • cruel + unusual punishment

9th amendment

people have other rights not specifically listed

10th amendment

powers not specifically given to federal/denied from states go to states

Article 3: judiciary

• interprets the law

• held by supreme court

• judges appointed by president + approved by senate

article 4: states

• follow the laws of the state where you are

• respect actions of other states

article 5: amendments

• 27

• how to ratify + make amendments

• first 10 bill of rights

  • over 4000 proposed pre 1800