Unit 1 ch. 2 AP gov

Declaration of Independence

explaining why the colonies wanted independence from Britain.

Weakness of the Articles of Confederation

1: One vote for each state, regardless of size;

2: Congress was powerless to lay and collect taxes or duties;

3: Congress was powerless to regulate foreign and interstate commerce;

4: No executive to enforce acts of congress;

5: No national court system;

6: changes to the articles required all 13 states to agree to the changes;

7: a 9/13 majority was needed to pass laws

How did the constitution address the Articles problems?

1: Article 1, bicameral legislature

2: Article 1, section 8

3: Article 1, section 8

4: Article 2, executive branch

5: Article 3, judicial branch

6: Article 5

7: Article 7

Constitutional Convention

The meeting of state delegates in 1787 in Philadelphia called to revise the Articles of Confederation. It instead designed a new plan of government, the US Constitution.

Compromises at the Constitutional Convention

Great Compromise

Electoral College

Three-Fifths Compromise

Compromise on the Importation of Slaves

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power.

Separation of powers

A way of dividing the power of government among the legislative, executive, and judicial branch

Popular sovereignty

A government in which the people rule by their own consent.

Bicameral

A legislature consisting of two parts, or houses with separate rules

Federalists

Those who favored a stronger national government and weaker state governments. Supported the ratification of the Constitution.

Electoral College

a body of people representing the states of the US, who formally cast votes for the election of the president and vice president. A compromise made over the issue of representation at the Constitutional Convention

Anti-Federalist

Those who favored strong state governments and a weaker national government. Advocated for a bill of rights to formally address individual and state rights. Concerned about the concentration of power in a central government under the Constitution.

Federalism

A system of government in which power and responsibilty is divided between the federal and state governments

Supremacy clause

The Constitution, national laws, and treaties supreme over state laws

Virginia Plan

Initial proposal at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature dominated by the big states.

New Jersey Plan

Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally.

Connecticut or Great Compromise

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.

Amendment Process

may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.

Three fifths clause

slave counted as 3/5 of a person for population counts to determine how many representatives.

Federalist Paper #10

Argued that factions were inevitable but were best controlled by a large republic that employed a Federalist structure.

Argued that competition among factions would limit their negative impacts.

Federalist paper # 51

explains how constitutional provisions of separation of powers and checks and balances control abuses by majorities

Brutus I

Argues that the national government rules over too large a nation and emphasizes the benefits of a small decentralized republic.

Elastic clause

allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.

Enumerated powers

Powers the Constitution specifically granted to one of the branches of the national government. Listed explicitly in the Constitution

Implied powers

Powers not specifically mentioned in the constitution;

What is Marbury v Madison

Court case that established the Supreme Court's power to strike down federal laws that violated the constitution.

This has allowed for continuous interpretation of the Constitution by the Supreme Court (informal amendment)

dual sovereignty

double jeopardy, 5th amendment; no person can be tried twice for the same offence

unicameral legislature

One-house legislature

veto

a constitutional right to reject a decision or proposal made by a law-making body.

advice and consent

Terms in the Constitution describing the U.S. Senate's power to review and approve treaties and presidential appointments.

What is Judicial Review?

The power of federal courts to void acts of Congress in conflict with the Constitution.

How did Marbury v. Madison impact the Supreme Court?

The decision played a key role in making the Supreme Court a separate branch of government on par with Congress and the executive.

What was the difference between the Federalists and the Anti-Federalists?

The Federalists supported the Constitution and wanted a stronger national government.

The Anti-federalists opposed the Constitution because they wanted more power to remain with the states.

Article 1 of the Constitution

Legislative Branch (Congress)

Article 1 Section 8

lists specific powers of Congress, including the power to establish and maintain an army and navy, to establish post offices, to create courts, to regulate commerce between the states, to declare war, and to raise money.

It also includes a clause known as the Elastic Clause which allows it to pass any law necessary for the carrying out of the previously listed powers.

Article 2 of the Constitution

Executive Branch (President)

Article 2 Section 2

gives the President some important powers.

He is commander-in-chief of the armed forces and of the National Guard of all the states; he has a Cabinet to aid him, and can pardon criminals. He makes treaties with other nations, and picks many of the judges and other members of the government (all with the approval of the Senate).

Article 3 of the Constitution

Judicial Branch (Supreme Court)

Article 3 Section 2

sets the kinds of cases that may be heard by the federal judiciary, which cases the Supreme Court may hear first (called original jurisdiction), and that all other cases heard by the Supreme Court are by appeal. It also guarantees trial by jury in criminal court.

Article 4 of the Constitution

Outlines the rights and expectations for all states and citizens including the adding of new states

Article 5 of the Constitution

Outlines the process for amending or changing the Constitution

Article 6 of the Constitution

Supremacy Clause - clearly states that national law will be supreme over state law

Article 7 of the Constitution

Outlines the process for ratification of the Constitution

ex post facto law

criminalize actions that were legal at the time they were committed; Article 1, section 9 PROHIBITS this

Habeas Corpus

Congress cannot suspend your right to appear before a judge if arrested

strict constructionist

believes the Constitution should be interpreted literally; usually associated with conservatism

Loose Constructionist

believe that the Constitution should be interpreted more loosely, taking account of modern context; usually associated with liberalism

judicial activism

societal goals should be accomplished through the courts and thus apply their own political philosophy while interpreting the constitution; loose constuctionism

judicial restraint

emphasizes that judges should not determine a new policy as a result of their decision, but rather the congress should; strict constructionism

1st Amendment; RAPPS

freedom of religion, press, assembly, petitions, and speech.

2nd Amendment; gun :3

right to bear arms

3rd Amendment; No third wheeling

No quartering of soldiers in private homes

4th Amendment; what are they searching 4?

No search and seizures without a warrant

5th Amendment; plead the fifth

right not to incriminate self

6th Amendment; speedy six

right to a speedy, public jury trial, right to a lawyer, right to hear and question witnesses.

7th Amendment

right to a jury trial in a civil case that involves more than 20 dollars.

8th Amendment; handcuff

no cruel and unusual punishment; no excessive bail or fines.

9th Amendment; 9^=b asic rights

Protects all basic rights not enumerated in the constitution

10th Amendment; federalism

powers not listed are given to state governments

11th Amendment; cant 1v1 with states

Citizens must be a residents of a state to sue it in federal court

12th Amendment; 1-president. 2-vice president

Electoral college votes for president and vice president separately

13th Amendment; Free

ended slavery

14th Amendment; Citizens

States must treat all citizens equal and all states must give due process to people; all people born in US are citizens

15th Amendment; Vote

right to vote cannot be denied because of race

16th Amendment; $16

gave Congress the power to tax income; 16 is when you can work

17th Amendment; seventeen senate

senators would now be elected directly by the voters (instead of having state governments pick senators)

18th Amendment; CAN'T drink :<

prohibited alcohol (prohibition)

19th Amendment; women

gave women right to vote

20th Amendment; 20th moves to Jan. 20th

set up new dates for congress and president to start their jobs ; "Lame Duck Amendment" ; Newly election Congress take office on Jan 3rd, President takes office at noon Jan. 20th.

21st Amendment; CAN drink

Amendment which ended the Prohibition of alcohol in the US, repealing the 18th amendment

22nd Amendment; to two

limited president to only 2 terms in office

23rd Amendment

residences of Washington DC had 3 votes for president and vice president;

2 DC goes 3 votes

24th Amendment

No poll taxes for federal elections

25th Amendment

set up how vice pres. would take over if president was disabled or died; presidential succession ; presidential incapacity

26th Amendment; 2 + 6 =?

8(teen); lowered the voting age to 18

27th Amendment; $$

Congressional pay raises will take effect the following term of office