Articless of Confederation - Constitution review

What was the articles of confederation?

America's first form of governmnt/constitution written by the Continental Congress

What limitations did the AOC have?

-Could not enforce laws & treaties or commmand troops
-can not regulate interstate/foreign trade
-Can recieve taxes, but can't increase or force states to pay taxes
-Needed 9/13 states to approve laws.
-Cannot draft military without states consent

What was a lasting effect of the AOC?

Northwest Ordinance (congress controls territory)

Why was this effect put into place

Dividing up territory (rectangles), the process of how these territories can become states.

(Shay's Rebellion) Why did farmers in Massachusetts rebel?

Farmers requested that the increased taxes be repealed and for courts to create "shay/s laws" (would delay creditors from foreclosing on farms), but recieved no response from courts

What didd Shay's Rebellion tell Americans about their national government?

The possibility that similar rebellions could happen in any/multiple states and that Congress (under AOC) was unequipped to handle, telling Americans that their national government is weak and unprepared.

What happened as a result of Shay's Rebellion?

The Constitutional Convention

Why did the delegates at the Constitutional Convention have to create a new constitution?

Needed to address the problems of their weak central government. (The AOC had to be amended but Rhode Island didn't attend so it couldn't be amended.)

Constitutional Convention Conflicts: States' congressional representation

Representation based on population or equal representation

Constitutional Convention Conflicts: National leader (structure & veto power)

whether the national legislature should or should not have the power to override an executive veto (president or not?)

Constitutional Convention Conflicts: Ratification

If the Constitution should be ratified by the state legislatures or the citizens of each state.

Constitutional Convention Conflicts: division of power between federal and state governments

Divided whether the govenment should get all power or if the governments power should be limited and the remainder belong to the state.

What were the two plans for the Legislative Branch?

Virginia Plan & New Jersey Plan
Named: Virginia V. NJ

Virginia Plan (James Madison)

Bicameral Legislature (2 house congress)
Representation based on population

New Jersey Plan (William Paterson)

Single House Legislature
Equal Representation (1 vote per state)

What was the Great Compromise?

The Great Compromise combinded both plans using traits from each.

What problem did the Great Compromise resolve?

It satisfied the wants of both plans. The Great Compromise is a 1 house legislature (congress). the upper house uses the Senate (equal representation + elected by state legislatures), while the lower house uses the HOR (representation based on population + elected by the people).

What is the three-fifths compromise?

Counted 3/5 of the enslaved population as a part of the states population to determiine the number of representatives.

What problem did the three-fifths compromise resolve?

Resolvled the South's fear that the Northern States woulld dominate the HOR because the South was mostly made up of slaves.

Before the Constitution could be eneacted into law what had to happen first?

Ratification.

Ho many states were needed for ratification?

9/13 (now 3/4)

Which state secured the ratification of the Constitution?

New Hampshire

Which 2 states were most resistant to ratifying the Constitution?

Rhode Island & North Carolina

Federalists argument

-Favored a strong central government (& supporters of the Constitution)
-Believed that the central government would not become abusive because of their idea of having 3 branches and a system of checks & balances
-Wanted Constitutional ratified

Anti-Federalists Argument

-Favored strong STATE governments (opposed the constitution)
-Believed that the central government could favor a privileged few & infringe on people's natural rights/individual liberties
-Strongest argument was a formal summary of rights (Bill of Rights)

How was this dispute between Federalists and Anti-Federalists resolved? (compromise)

Fedarlists would write a bill of rights IF Rhode Island & North Caroline ratified the Constitution

What type of Faction did Madison fear the most and why?

The overbearing majority faction because of their power in ruling over the minority groups & disregard their righte

What type of government did he believe would keep that type of faction in check?*

a republic/ republican government because it will have a government with "more fit characters" to choose from for each delegate

What government position did the states function without from declaring independence to the ratification of the Constitution?

President

What is the order of the Constitution (sections)

15 articles.
1- Legislative
2- Executive
3- Judicial
4-7
Then amendments
1-10 (Bill of Righths)
11-27

What are the three branches?

Legislative, Executive, Judicial

Legislative

Makes/writes laws

Executive

Enforces Laws

Judicial Branch

Interprets laws (determines if constitutional or not)

What are checks & balances? What is the purpose of this?

Checks and Balances is a system that prevents one branch from becoming more powerful than the other two.

Executive power: Command the armed forces

Legislative: Declare War

Legislative Power: Write bills

Executive: Veto/sign bills

Executive: Make treaties

Legislative: Senate ratifies or rejects

Executive: Make judicial appointments

Legislative: Senate Approval

Judicial: Have job for life

Legislative: Impeachment

Executive: Veto a bill

Legislative: Override a veto

Legislative: override a veto

Judicial: judicial review (declare unconstitutional)

Judicial: Declare laws unconstitutional

Legislative/States: Propose constitutional amendments to overrule

Executive: Issue executive orders with force of law

Judicial: may declare executive actions as unconstitutional

Judicial: Find somebody guilty of treason

Legislative: Pardon

What are the responsibilities of the Legislative Branch?

MOST IMPORTANT: ELASTIC CLAUSE (MAKE LAWS AS NECESSARY.)
-Writing bills that can be passed as laws
-Raise and collect taxes
-Declaring war
-maintaining military, a navy, and a militia
-approve presidential appointments & treaties
-create federal courts (inferior to the Supreme Court)

What is the HOR role with Impeachment?

Writes and votes on the articles (changes) of impeachment

What is the Senates role with impeachment?

Conducts the trial to determine guilty or not guilty verdict

What are the powers/responsibilities of the President of the United States?

-Commander in Chief which commands the armed forces
-Chief Legislator which signs or vetoes bills, can also writes bills
-Appoints Cabinet members, Supreme Court justices, and ambassadors.
-Grant pardons
-Negotiate treaties

What are the parameters to be a presidential candidate?

35 years old, natural born, US Resident 14 years

What is a cabinet?

Advisors to the president

What is the US Vice President the president of?

Senate

What are the requirements to a Justice on the Supreme Court?

None

Justice Term

life

How does a Justice get their position?

Appointed by the president and approved by the president

What is Judicial Review?

Deciding if a law/act is constitutional or not

What is original jurisdiction?

Settles disputes between states

Impact of a Supreme Court ruling

Overrule both federal & state laws

Rulings result in a tie mean?

"Passively upheld" the lower courts decision

Types of cases the Supreme Court Deals with:

-Judicial Review (declaring laws/acts constitutional or nah)
-Treason
-Original Jurisdiction (settles disputes between states)
-Appeals from lower courts
-Ambassadors
-Disputes with foreign nations

What problems did the Constitution resolve from the AOC?

The 3 branches solved the problems of:
Passing laws, enforcement, court system, trade, taxes, currency, war, foreign relations/debt, representation, & changing the constitution

What are the first 10 amendments called?

The bill of rights

Why were the bill of rights added?

To satisfy anti-federalists so Rhod Island & North Caroline would ratify

What are the requirements to amend the constitution?

-An amendment can be proposed by 2/3 of both congressional houses/states
-Presidents do NOT sign these
-Require approval from 2/3 of both houses
-Ratified by 3/4 state legislations

Why is an amendment stronger than a law?

-Amendments supersede (overrule) laws, federal, state, & state constitutions
-Can only be repealed by another amendment
-require approval from 3/4 of states

When is ratification required?

When there is a change or addition to the constitution

What two groups are involved in ratification

Legislative (both houses) & states

What two groups (branches) are NOT involved?

Judicial & Executive

Passing Laws

AOC: 9/13 states needed to pass laws
Constitution: Writes the laws (sign or veto) states NOT involved

Enforcement

AOC: No executive (president/arm) to enforce laws, treaties, or command troops
Constitution: created executive branch (ex: xan command troops to stop a rebellion)

Court system

AOC: No permanent National court system to protect people's rights
Constitution: created the judicial branch which will interpret law in order to protect people's civil rights

Trade

AOC: Congress cannot regulate interstate nor foreign trade
Constitution: legislative can regulate interstate foreign commerce (trade),
Executive inforces the regulations.

Taxes

AOC: can receive taxes but not raise/increase nor in force. Depends on good will of the states
Constitution: Legislative can raise & collect taxes without states approval, enforced by executive

Currency

AOC: Congress didn't have the power to create a uniform currency
Constitution: power to coin money = create a uniform currency

War

AOC: Congress could declare war, but couldn't raise/draft a military nor have a standing military.
Nobody to command the troops.
Constitution: Legislative declared war, drafts and have a standing military + regulate (no state approval needed to draft)
Executive commands the troops

Foreign relations/debt

AOC: Congress cannot prevent individual states from negotiating treaties w/ foreign nations, unable to repay war debts, Congress cannot enforce treaties (treaty of Paris)
Constitution: executive can negotiate + enforce treaties. legislative's senate approves (states not involved) and tax to repay debts

Representation

AOC: Each state has 1 vote regardless of a states population
Constitution: 2 houses (Senate thats equal for each state) & (HOR based on population)
Pleased both VA and NJ Plans

Changing the constitution

AOC: Need all 13 states to approve changes to the constitution
Constitution: Legislative needs 2/3 of both houses to approve and 3/4 of states to ratify.