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three branches of government and their purpose
legislative (congress-- controls money), executive (enforces the law), and judicial (interprets the law)
seven weakness of the articles of confederation
unicameral government
no national court system
congress couldn't regulate trade (no control over commerce)
unable to tax
took ¾ of the states of the 13 to add additions to the Articles
it took a unanimous vote to ratify the Constitution
the Articles promoted states' individual identity instead of promoting a nation identity
passage of the northwest ordinance of 1787
biggest accomplishment of continental congress
established a government for the Northwest Territory, outlined the process for admitting a new state to the Union, and guaranteed that newly created states would be equal to the original thirteen states
land ordinance of 1785
set the standards for settlements in the west
shay's rebellion
farmers weren't paid by congress and revolted because of it - let society know that the Articles were too weak
single event that triggered the downfall of the Articles
constitutional convention
catalyst for the spring of 1788 Convention
amendments made: articles thrown out, constitution introduced
major compromises
virginia plan 2. great compromise 3. three-fifths compromise 4. commerce and slave trade compromise
virginia plan
introduced a 3-branch government/2-house Congress)
legislative branch: makes all laws and taxes(introduced in Article 1; why: people > power)
executive branch: (executes law)
judicial branch: (governing power/interprets laws) - congress: (house & senate) controls revenue - president: commander in chief/controls the army
the great compromise
created a two-house legislature (Congress)
creation of Senate (every state gets one vote) made small states happy (not based on population)
creation of the House made big states happy (representation based on population)
three fifths comprimise
pushed the issue of slaver back 80 years
kept the Southern states happy by counting every state that had institutional slavery by making every slave count ⅗ towards representation
commerce and slave trade comprimise
agreement to not address slavery for 20 years and to not tax exports
gave the federal government some power over commerce, with some restrictions. congress could levy a tax on people imported and used as slaves
bill of rights
set of civil liberties guaranteed by natural rights, despite where in the country you were born in/who you are - author: james madison
natural rights
rights given to all humans, simply for the sake of being human
inevitable rights
rights that cannot be surrendered, sold, or transferred to someone else
who is the author of federalist 10
james madison
what event happened to cause madison to write federalist 10, and what does he argue because of it
shay's rebellion - he argues that in order to control factions a strong central government is essential
factions
groups of people who gather to protect like intrests
what two ways did madison argue about working against factions and what did he argue was the most effective (and why)
there are two ways: 1. controlling the effects of factions - most difficult, but doable2. removing the causes of them - directly unconstitutional
republic
votes for what is represented
direct democracy
supremacist
what does madison argue about factions? (regarding formation and representation)
he argues that factions are inevitable, all aren't bad, and negative effects can be helped by representation
why does madison say direct democracy is falliable?
because the strongest and most dominant factions can bully minorities and can take away their voice
author of federalist 51
james madison
what does james madison argue for in federalist 51?
there should be a strong centralized government with checks and balances to maintain the power
who is the author of federalist 70?
alexander hamilton
what does hamilton argue for in federalist 70?
the executive branch having a commander in chief (president),
does hamilton argue in favor of one or multiple presidents, and why?
one president, because giving more than one person equal power than competition is inevitable, and they disagree and take their focus off what is most important (the people)
who is the author of federalist 78?
alexander hamilton
judicial reveiw
reviewing other branches to make sure they are following the law
marbury v madison
strengthened the judicial branch's power by establishing judicial review
why does hamilton argue for separation of powers?
if there were not a supreme court to clarify constitutionality the president/congress could do whatever they wanted to without consequence
who was the author of brutus I
robert yates
what did brutus I respond to
anti-federalist response to the proposed constitution and the federalist papers
what did brutus I say?
it argued that the decision that the people made will impact future generations, and said that if the people thought that the constitution secured their natural rights then they should vote for it
did brutus I argue in favor for a central government and why?
against a central gov; asked if it is best to maintain a confederacy or loose it altogether and and one individual rights to the central government
elastic (necessary and proper) clause
what gives the constitution power
allows the government to stretch beyond its literal description
supremacy clause
makes clear that the Constitution, federal laws, federal regulations, and treaties take superiority over similar state laws
example of implied powers supporting expressed powers
congress call for an arm (expressed powers) it is an implied power that congress is going to call it
implied powers
political powers granted to the United States government that aren't explicitly stated in the constitution
expressed powers
powers of the national government explicitly listed in the Constitution
inherent powers
not explicitly states in constitution that allows the government to take actions in order to efficiently preform essential duties
inherent powers example
regulating immigration
reserved powers (fed/state & example)
state powerseducation, distribution of aid, setting up local government, maintaining justice system
denied powers (fed/state & example)
federal and state, powers that congress has that are not stated directly in the constitution, states do not have the power to coin money or give titles of nobility
congress cannot:
pass bills of attainder (charges/convicts a person w/o due process), suspend wit of habeus corpus (requiring a person under arrest to be brought before a judge or into court), pass ex-post facto laws
exclusive powers
powers reserved to the federal government or the states
concurrent powers
shared powers
delegated pwoers
inherent, expressed, and implied powers
author of letter from birmingham jail
martin luther king jr
what was the letter from bham jail instigated by?
a joint statement released by eight alabama clergymen
four steps to civil disobidience
collection of the facts to determine if injustices exist 2. negotiation 3. self-purification 4. direct action
what was the main message of the letter from birmingham jail?
people have a moral responsibility to break unjust laws and to take direct action rather than waiting potentially forever for justice to come through the courts
author of declaration of independence
thomas jefferson
who was the author of the declaration of independence speaking to?
king george III, loyalist colonists, and other countries
what countries was the declaration of independence pointed to and why?
france and spain; both countries hated england and the declaration appealed for help from both
what issues did the colonists have with king george?
taxation without representation, dissolving colonial legislation, quartering soldiers, failing to act on legislation, kangaroo courts, soldiers among people
what was the main message of the declaration of independence?
that it is a responsibility to fight against those who oppress themintent was to fight for the independence and explain why there was reason to fight
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