US History Honors Unit 4: The Constitution

Connecticut Compromise

Also known as the Great Compromise, this problem arose during the Constitutional Convention about the government’s ability to tax and how states should be represented in the national government.

It was resolved by Roger Sherman’s Bicameral Legislature

Edmund Randolph

This person proposed the Virginia Plan

Virginia Plan

This plan proposed proportional representation based on population in the Constitutional Convention. It was favored by the more populous states.

William Paterson

This person proposed the New Jersey Plan

New Jersey Plan

This plan proposed equal representation of the states in the federal government. It was favored by smaller states

Executive

The governor or president make up this branch of government

Legislative

This branch of government is made up of the house and the senate

Judicial

This branch of government is made up of the federal and supreme courts, as well as state courts

check

Each branch of government has the power to do this to another

Bicameral

This type of legislature consists of two houses: one with equal representation and one with proportional representation

House

The following qualifications are to run for the (House/Senate)

• 25 years old

• 7 years a citizen

• Inhabitant of your state

Senate

The following qualifications are to run for the (House/Senate)

• 30 years old

• 9 years a citizen

• Inhabitant of your state

Lori Trahan

Acton’s Representative in the House of Representatives

Census

This national event happens every 10 years, where the population is counted.

Reapportionment

The process by which Congress allocates the number of representatives to each state based on the census

Redistricting

The process by which the state legislatures redraw the state boundaries of congressional districts based on the number of seats in the House for that state

Gerrymandering

Redistricting for political purposes

House Rules and Procedures

• Sessions start at noon on January 3rd and continue for the year

  • Congress votes and sets its own rules on how to proceed

• They set their own salary: however it is not collected until the next cycle (after re-election)

• They don’t usually benefit from the laws they pass

  • Keep written records of their procedures

Mike Johnson

The current Speaker of the House (R)

Steve Scalise

The current House Majority Leader (R)

Hakeem Jeffries

The current House Minority Leader (D)

Elizabeth Warren, Ed Markey

MA’s senators

seniority

The hierarchy in the House is driven by ______.

Filibuster

1 person takes the floor of the senate and does not stop talking to tory and block a law. The only rules are that they cannot sit down and cannot stop talking, however they can take questions to take a break. They do not have to speak about the bill.

Cloture

A motion to end debate on a bill and take a vote. It requires at least 60 senators.

Impeachment

Federal officials, judges, the president, or the vice president are on trial in the senate. The House acts as the prosecutor and the Senate as the jury. ⅔ votes are required to remove the person from office.

Vice President

Who is the president of the Senate?

President pro tempore

The longest serving member of the Senate: 4th in line for the presidency (mostly ceremonial due to them being really old)

Patty Murray

Who is the current President pro tempore?

Quorum

The minimum number of members present to do business (50% + 1) = 51

Pocket Veto

The President does not sign the bill while Congress is not in session → the bill dies

Line Item Veto

Although the president does not have this power, a governor may reject a specific provision of a bill

Enumerated Powers

These powers are specifically stated int he wording of the constitution

Implied Powers

These powers come from the enumerated powers but are not directly worded

Imposts

From Article 1, Section 8.1: Taxation
These are general taxes imposed on everyone

Excises

From Article 1, Section 8.1: Taxation

Domestic Sales tax

16

Which amendment creates income tax?

Commerce

From Article 1, Section 8.3: _________
This Congressional power to regulate _______ solves the issue of State Tariff Wars and the British Market Flood

Naturalization

From Article 1, Section 8.4

Congress controls this action of becoming a U.S. Citizen

Bankruptcy

From Article 1, Section 8.4

Congress controls this action of not being able to pay off your loans

Counterfeiting

From Article 1, Section 8.6

The Secret Service regulates dealings with false currency

Patent

From Article 1, Section 8.8

The exclusive right or grant of an invention

Copyright

From Article 1, Section 8.8

The owner of a product has the rights to any copies of their work

Federal Judiciary Act of 1789

From Article 1, Section 8.9: Federal Courts

This act established the courts of the United States

International Law

From Article 1, Section 8.10: _____________
This addresses the issue of the Barbary Pirates

In current day, this deals with people who are using pirated movie sights

Washington D.C.

From Article 1, Section 8.17

This creates the nation’s capital

The founders wanted to create a space for the national government that was not subject to any state

23

Which amendment allocates 3 electors to Washington D.C. in the electoral college?

Elastic Clause

This clause is a source of significant powers in Congress: depending on the construction, a law can be interpreted in several ways and gives Congress the jurisdiction on the interpretation

Implied Powers

This type of powers can be very vast

Loose Construction

A loose interpretation that includes lots of powers (Hamilton)

Strict Construction

A narrow way of interpreting laws: only do what is written (Jefferson)

Habeas Corpus

From Article 1, Section 9.2: _______

This limitation on Congressional power stems from the idea of Individual Rights coming from the Magna Carta.

You cannot be put in jail without a body of evidence

Ex Parte Merryman

From Article 1, Section 9.2: Habeas Corpus

A controversial federal court case —> Congress has the right to suspend Habeas Corpus, but the president does not

Bill of Attainer

From Article 1, Section 9.3: Illegal Punishment

When the president passes a law to punish someone without a trial

Ex Post Facto

From Article 1, Section 9.3: Illegal Punishment

“after the fact” —> you cannot punish someone for doing something illegal if it was legal at the time that it was done

Appropriation Bills

From Article 1, Section 9.7: Public Money

You must know the exact price of something before it is approved for use —> checks the president

Iran Contra Affair

From Article 1, Section 9.7: Public Money

In the 1980s, Reagan violates the Appropriation Bills to give financial support to Iran in guise of helping Nicaraguan rebels fight communism

Coin Money

From Article 1, Section 10

A state cannot ______. This fixes the issue of state currencies which happened in the confederation

Full Faith and Credit Clause

Article 4.1

This requires states to respect judgements of other states

• Courts + law (cannot move to another state to avoid penalties or lawsuits)

• Can make limited public policy exceptions

Privileges and Immunities Clause

Article 4.2
States cannot discriminate against other states

However, can change instate/out of state tuition for college due to taxes

Fugitive Slave Clause

Article 4.2

This gives states the absolute right to recapture slaves even if slavery is outlawed in that state

Extradition

Article 4.2

If you commit a crime and are arrested in another state, you are brought back to the state to stand trial

Guarantee Clause

Article 4.4

• Guarantees a republican form of government to the states (representative legislature)

  • Congress protects the states from invasion by other countries or significant domestic threats

suffrage

No state, without its consent, shall be deprived of its equal __________ in the Senate

Supremacy Clause

Article 6

This clause establishes the following:

1. All debts from the Confederation will still be paid

   1. This establishes the legitimacy of the government

2. Establishes the Supremacy Clause

   1. If a state law is in conflict with the federal law, the federal law prevails (“supreme law of the land”

   2. For judges: the US Constitution > State Constitution

   3. This is a change from the loose independent confederation states. Now, states are united by the federal government

3. Members of the state or federal government take an oath of office to defend the Constitution

   1. Religious tests may not act as qualification

9

Article 7

______ states were needed to ratify the Constitution

Federalists

These people supported the ratification of the Constitution

Antifederalists

These people opposed the ratification of the Constitution and said it gave too much power to the government. Their protests eventually led to the Bill of Rights being added

The Federalist Papers

Under the pen name of “Publius”, John Jay, James Madison, and Alexander Hamilton wrote essays for the newspaper to convince the public in New York to support the ratification of the Constitution

Electoral College

By this process, states elect the president/vice president. Each state appoints electors to this group to select a president.

This is a filter of democracy and also checks Congress —> they cannot influence who gets chosen. Senators and Representatives are not allowed to run for electors

Natural born

To become president, you need to be a _________ citizen, be at least 35 years old, and have to have lived in the US for at least 14 years

22

This amendment limits the president to two terms, or 10 years

538

How many electors are there in the electoral college?

Slate

To elect electors, the Democratic/Republican parties draft a ______ of elector names and run it on an all or nothing vote

1796

This election year saw the first time political parties were present (Federalist vs Democratic Republican)

1800

This election resulted in a tie, and was sent to the House of Representatives. They chose Thomas Jefferson over Aaron Burr

12

This amendment makes it that the president and vice president must run for office together

270

How many electoral votes are needed to win the presidential election?

11

What is the fewest number of states a candidate must win over to win presidency?

Large State Advantage

This type of advantage uses the fact that 11 states can win the entire election for a president

Small State Advantage

This type of advantage shows that states such as South Dakota have 295k people per elector (3 in total), and states such as New York have 640k people per elector (31 in total). This means that you can win the electoral college without the popular vote

Election Day

1st Tuesday after the 1st Monday in November every 4 years.

Presidential Succession

1. Vice President

2. Speaker of the House

3. Senate Pro Tempore

4. Secretary of State

5. Secretary of Defense

6. Secretary of the Treasury

   1. Attorney General

Presidential Succession Act

Created in 1947, this act establishes the presidential line of succession

25

This amendment formalizes the line of succession in 1967 beyond the presidency:

• Section 1: The Vice President replaces the President

• Section 2: When there is a vice president vacancy, the president elects a new one with senate approval (majority)

• Section 3: A written letter of transferring power from president to the vice president written to the speaker and the president pro tempore

  • If the president transition is contested, both houses of Congress vote to remove

Unelected Administration of 1974

During this time,  No P/VP was elected after Nixon and his VP were convicted of tax fraud. Nixon chooses Gerald Ford as the new VP, and then Nixon resigns due to Watergate. Gerald becomes the president without an election.

Emergency powers

The president has the power in times of war to react immediately (ex: internment camps)

War Powers Act

This act in 1973 is after the Korean War and Vietnam. The president still has the authority to react, but any deployment of soldiers for longer than two months must be approved by congress

Commander in Chief

The president has this title that means “Commander of the Armed Forces”

Cabinet Chief

The president hast this title which establishes them as head of the cabinet

Cabinet

This group of people runs business and reports to the president. They are appointed by the president but must be approved by the senate

Attorney General

The head of the department of justice is called ________

Executive Agreements

This measure of diplomacy by the president does not require senate approval, but it does not have the same weight as treaties

Appoint

The president may _______ SCOTUS members and ambassadors with senate approval

Commissions

The president may issue _____ but they are not fully activated until signed and delivered

Reprieve

A presidential power. The accusation is still on record, but the person receiving this does not need to serve punishment

Pardon

A presidential power. This is total (legal) forgiveness that is not on someone’s criminal record

Commutation

A presidential power. The reduction of a sentence

Amnesty

A presidential power. A pardon for a group.

State of the Union Address

The president delivers this to a joint session of Congress. Their job is to lay out the agenda and issues to discuss