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Review Questions
What were the Federalist Papers and who wrote them?
85 essays to defend the Constitution; Alexander Hamilton, James Madison, and John Jay
What were the three provisions of the Great Compromise and by what other name is it known as?
A bicameral house [HoR (population and people) and Senate (equality and states)] and the 3/5 Compromise
Give me five examples of where the Constitution asks Congress for a 2/3 majority vote?
Override a veto, ratify amendments (both houses), ratify treaties (Senate), convict an impeachment, and expulsion from office
What is the Elastic Clause?
Congress can pass any law that is necessary and proper
What were three things that were done by the 2nd Continental Congress?
Wrote Articles of Confederation (AoC), wrote Declaration of Independence, wrote Olive Branch treaty, and elected Washington as President
What was the purpose of the Preamble?
To introduce the Constitution
What were the three major problems/weaknesses of the Articles?
Could not tax, regulate commerce, or have a standing army
What does Article IV of the Constitution discuss?
Full Faith and Credit Clause(states respect other states' public acts and records)
What economic convention was held in 1786 and how many states showed up?
Annapolis Convention; 5/13 states
What does Article V of the Constitution discuss?
Amendments
What were the 1st, 4th, and 9th states to ratify the Constitution?
Delaware, Georgia, and New Hampshire
What is the system of checks and balances?
A system that ensures no single branch of government becomes too powerful by allowing each branch to respond to the actions of the other branches
Give me three examples of checks and balances
The legislative branch can make laws, but the President can veto; the President is C-N-C, but the legislative branch can declare war; the judicial branch can interpret laws, but the President appoints the justices; etc.
What was the plan that called for three branches of government and a presidential veto
Virginia Plan
What was the main argument from the author of the most famous Anti-Federalist paper? What was it called?
Brutus; Robert Yates
What did the Great Compromise settle?
Representation in Congress
What were five powers of the national government under the AoC?
Treaties, post offices, have Indians, money, and army
Name four of the founding fathers (those who were present at Philadelphia).
Ben Franklin, James Madison, Alexander Hamilton, George Washington
What are the two biggest reasons the Anti-Federalists opposed the Constitution?
No Bill of Rights, and fears of a powerful centralized government
What two states did most believe the Constitution wouldn't work without and why did they finally join?
New York and Virginia; a Bill of Rights was eventually produced
The five member committee that wrote the Declaration of Independence
Thomas Jefferson, John Adams, Ben Franklin, Roger Sherman, Robert Livingston
Locke believed in the protection of what three basic rights?
Life, liberty, and property
What was the most successful way that the colonists fought the Stamp Act?
Boycott
The original purpose of the Philadelphia Convention was?
To revise the AoC
Who wrote Federalist 10, and what was his underlying argument?
James Madison; factions
What does Article VI of the Constitution discuss?
Supremacy Clause (federal law prevails over all others)
What was the role of Alexander Hamilton and the Constitution and what state did he represent?
Ratification; New York
Name four famous Americans not at the Philadelphia Convention
Thomas Jefferson, John Adams, Sam Adams, John Hancock
What was the bottom line belief of Hobbs?
One ruler to protect the rights of everyone
What were the Intolerable Acts and why were they passed?
Closing the Boston Harbor and Martial Law (substitution of civil government by military officials); to punish Boston for the Boston Tea Party
What was the significance of Shay's Rebellion?
Highlighted the need for a stronger central government and sent states to Philadelphia
Name three main points from Federalist 51
Separation of powers, checks and balances, and distinction of three branches
What state did not show up at the 1st Continental Congress, and what state did not show up at the Philadelphia Convention?
1st --> Georgia; Philadelphia --> Rhode Island
What was the process that brought developed into the Bill of Rights?
States sent 80 amendments to Congress, 12 was sent back from Congress, and the states approved 10
Which theory of representative democracy is it believed that only a few control the decisions with the government and who would they include? What theory says combination of the 1st theory and citizen involvement make the decisions?
Elitist theory; pleurist theory
What were the names and major differences between the two plans presented at Philadelphia?
Virginia --> James Madison, big, two houses, population
New Jersey --> William Paterson, small, one house, equality
Who are natural rights given to?
Everyone/the governed
What was the main theme of Federalist 10? Federalist 51? What did Brutus I force Madison and Hamilton to do when writing The Federalist?
Factions; Checks and Balances; defend the Constitution
What term is related to "We the People"?
Popular sovereignty
Why did the founding fathers create a system of Checks and Balances?
To prevent a branch from having too much power and to ensure that each branch is equal
What is Brutus I?
Evils of a strong central government including the Supremacy Clause, taxing power gives the federal government unlimited authority, and a standing army could lead to the "destruction of liberty"
The function of a government is to
Secure the blessings of liberty, promote the general welfare, and establish justice
A social contract theory of government was proposed by
Locke and Hobbs
Hobbes argued that the only protection for the rights of the weak in a polity was a/the
Single ruler
In general, _ did not agree on the preferred form of government
Social contract theorists
Indirect democracy is based on
Representation
The constitution has established equal protection of the laws through the
14th amendment
The idea that governments draw legitimacy and power from the governed is often referred to as
Popular consent
In 1765, the American colonists initiated a major protest against the
Stamp Act
The 1st Continental Congress was called in opposition to the
Intolerable Acts
At the 1st Continental Congress, there were delegates from
Every colony except Georgia
In 1776, Thomas Paine issued a pamphlet arguing for colonial independence from Britain, titled
Common Sense
A type of government in which the national government in weaker than the sum of its part is called
Confederacy
Under the political system established in 1781, the national government
Could not reach a quorum of nine states regularly, did not have the power to tax, and was not allowed to regulate commerce among the states
Under the AoC, the executive branch was
Virtually nonexistent
The Virginia Plan called for a national system with
A strong central government and a bicameral legislation
The smaller states presented a plan at the Constitutional Convention advocating for strengthening the AoC. The plan was presented by
William Paterson
The most serious disagreement in the debate between large and small states at the Constitutional Convention was the issue of
Representation in Congress
A committee was appointed at the Convention to work the differences between the two plans; the result was
Connecticut Plan
The Committee on Unfinished Portions was tasked with ironing out problems concerning
The executive branch and smaller details of service
The electoral college system for electing the president was designed to give
Average voters the decisive power in choosing the President
The sole responsibility to try a president or vice president with "treason, bribery, or other high crimes and misdemeanors" falls to the
Senate
The last section of the Constitution to be drafted was
The Preamble
The division of powers among the three branches of government is called
Separation of Powers
A government structure that gives each of the three branches some degree of oversight and control of each other is called
Checks and Balances
Originally, the Constitution placed the selection of senators
Directly with the state legislatures
Once the Convention was completed, the drive for ratification in the states began. Those who favored ratification were known as
Federalists
T/F: In the 1700's, voting in the US was largely limited to property-owning white males
True
T/F: Only governments can legitimately use force to keep public order
True
T/F: American society is based on rule of law
True
T/F: John Locke wrote Leviathan, in which he advocated strong government
False; written by Hobbes
T/F: Majority rule means that the majority of votes are required to elect officials and determine policies
True
T/F: The term "republic" is often used interchangeably with "democracy"
True
T/F: The AoC was failing due to an inability to pay war debts and taxes and conduct general business
True
T/F: Separation of powers was designed to constrain the powers of government
True
T/F: The new Constitution would be considered ratified and legal upon the approval of the states of Virginia and New York
False; ratified with the approval of 9/13 states
Articles (7)
I
Legislative branch (powers to regulate commerce and elastic clause)
II
Executive branch (president, negotiate treaties, and electoral college)
III
Judicial branch (Supreme Court)
IV
Relatives of Articles (states, Full Faith and Credit Clause, states learn to cooperate)
V
Amendments (how to amend the Constitution)
VI
Supremacy Clause ("highest law of the land")
VII
Ratification (9/13 states must ratify)
Amendments (27)
1st
Freedom of religion, speech, press, assembly, and petition
2nd
Right to bear arms
3rd
No quartering of soldiers
4th
Protection from unreasonable search and seizure
5th
Protection from self-incrimination, double jeopardy, due process, grand jury, eminent domain
6th
Trial by jury, right to a lawyer, and a speedy and public trial
7th
Juries for civil cases
8th
Protection from cruel and unusual punishment and excessive bail
9th
Unenumerated rights
10th
Powers reserved to the states
11th
Lawsuits against states
12th
Reforms to the electoral college
13th
Abolition of slavery