History Chapter 5

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US History

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121 Terms

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pro tempore

meaning: for the time being

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quorum

minimum number of people needed to conduct business

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bills

proposed laws

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writs of habeas corpus

court order requiring government to explain why a prisoner is being brought to court (article I, section 9)

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ex post factos

meaning "after the fact"; law stating that one can't be charger for a crime put into law after said crime was committed

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state of union

message president presents to congress annually introducing legislative plan for coming year

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national supremacy

when federal and state laws disagree, federal overrides state; constitution, other federal laws, & federal treaties (in that order) considered "supreme law of the land" (article VI)

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bill of rights

first 10 amendments to constitution; required to satisfy anti-federalists, but wanted by both sides; ratified december 15, 1791

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article I

first part of constitution, focuses on legislative branch

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legislative branch

branch that makes laws; congress

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-made up of senate & house of representatives

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-checks on executive & judicial branches (impeachment)

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-checked on by executive (veto) & judicial branches (declares laws unconstitutional)

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senate

division of legislature (congress)

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-2 senators from each state: 6 year terms, 2 vote each, 1/3 replaced every 2 years, at least 30 y/o & 9 years as citizen, live in state they represent

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vice president

originally runner up from presidential election, replaces president if needed, president of senate (breaks ties)

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simple majority

at least 50% of senators plus vice president (50+1)

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elastic clause

most important article I clause; "necessary and proper", can be stretched to fit different scenarios, "implied powers"

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house of representatives

division of legislature (congress)

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-each state has at least 1 representative, but can't exceed 1 for every 30,000 people

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-must be at least 25 y/o, 7 years as citizen, must live in state they represent

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article II

article in constitution focusing on executive branch

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president

head of executive branch; commander in chief of military

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-4 year terms

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-natural born citizen, at least 35 y/o, 14 years as citizen

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-can issue pardons & reprieves

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-can make treaties (with 2/3 of senate present), appoint ambassadors, & fill up all vacancies

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electoral college

number of electors in each state equal to number of senators and representatives

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impeachment

charges against president, vice president, & all civil officers requiring them to be removed from office

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executive branch

branch that enforces laws

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-checks on legislative (veto) & judicial branches (nominate judges)

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-checked on by legislative (impeachment) & judicial branches (declare presidential acts unconstitutional)

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judicial branch

branch that interprets laws; made up of courts

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-checks on executive (declare presidential acts unconstitutional) & legislative branches (declare laws unconstitutional)

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-checked on by executive (nominate judges) & legislative branches (impeachment)

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supreme court

head of judicial branch; reviews cases appealed from lower federal courts & high state courts

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-judges chosen by president, until death or resignation

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court of appeals

reviews appeals from district courts

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district courts

lowest level of courts, holds trials

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apellate

jurisdiction reversing previous decisions

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2 witnesses or confession

requirements for conviction of treason

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article IV

article of constitution focusing on relations among states

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-person charged with a crime can't escape legal obligation by changing states

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-new states are admitted by congress, can't be created within existing states or parts of states, states can't be joined without consent on legislatures in said states

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full faith and credit clause

clause in article IV stating that states must honor laws, records, & court decisions made in other states

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privileges and immunities clause

clause in article IV preventing a state from treating citizens of another state in a discriminatory manner

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amendment proposal

can be done by 2 methods:

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-congress: more common, 2/3 vote in each house

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-national convention: less common, called by congress at request of 2/3 of state legislatures

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amendment ratification

can be done by 2 methods:

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-legislatures of 3/4 of states

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-conventions in 3/4 of states

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article V

article of constitution focused on amendments

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article VI

article of constitution focused on supremacy of national government

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article VII

article focused on ratification of constitution

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-9/13 states needed

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amendment I

amendment of bill of rights focusing on personal freedoms: freedom of religion, speech, the press, assembly, & right to petition government

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establishment clause

clause in amendment I stating separation of church and state

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free exercise clause

clause in amendment I preventing government from interfering with practice of religion

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amendment II

amendment in bill of rights giving citizens right to defend themselves & property (well-trained militia)

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amendment III

amendment in bill of rights stating soldiers can't be quartered in civilian homes without consent

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amendment IV

amendment in bill of rights stating no unreasonable searches & seizures without warrant or probable cause

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amendment V

amendment in bill of rights stating one isn't obligated to answer for crime unless indictment of grand jury; can't be tried twice for same crime or have property taken away without just compensation; right to remain silent

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amendment VI

amendment in bill of rights giving right to speedy & public trial in state & district where crime occurred, impartial jury; accused gets to know charges, call witnesses, & receive legal counsel

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amendment VII

amendment in bill of rights giving right to jury trial in common law suits exceeding $20; no fact by jury can be reexamined in court

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amendment VIII

amendment in bill of amendment in bill of rights stating no excessive bail, fines, or cruel & unusual punishmentrights stating no excessive bail, fines, or cruel & unusual punishment

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amendment IX

amendment in bill of rights stating constitution can't be used to deny other rights of the people

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amendment X

amendment in bill of rights stating that powers not given to the government belong to the states and the people

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republic

political system where citizens or a region elect representatives to run the government

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articles of confederation

original document creating first government for the U.S.

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-later replaced by constitution

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-written by committee led by John Dickinson

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-adopted by congress november 1777, went into effect march 1781

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-weak national government

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-only had legislative branch (continental congress)

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-9/13 states needed for any new major law, all needed to amend

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land ordinance of 1785

law allowing surveying and dividing public land in west

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northwest ordinance

(1787) law creating method for adding new states

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John Dickinson

led committee to write articles of confederation

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continental congress

legislative branch and only form of federal government under articles of confederation

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Robert Morris and Haym Salomon

created department of finance in 1781

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shay's rebellion

taxpayer revolt against MA militia led by Daniel Shays to prevent farms from being sold to repay war debts (january 1787)

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Daniel Shays

led shay's rebellion

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constitutional convention

meeting in Philadelphia with delegates from each state (except RI) writing constitution, (may 25-september 17, 1787)

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framers

delegates who wrote constitution

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James Madison

delegate at constitutional convention from VA, "father of constitution", 4th president, one of the authors of the federalist papers

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New Jersey Plan

proposal to

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-make a single legislature (unicameral) with equal representation of states as opposed to representation by population

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-plural executive (2 or 3 top executives chosen by congress)

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-executive appointed supreme court

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-more similar to articles of confederation than VA Plan

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William Patterson

delegate at constitutional convention from NJ, proposed New Jersey Plan

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Virginia Plan

proposal for national government to have

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-3 branches

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-supreme power

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-legislative branch to have 2 houses (bicameral) with representation determined by state population; voters selected lower house, lower selected upper house; members of lower house chosen proportionally to state population

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Edmund Randolph

delegate at constitutional convention from VA, proposed Virginia Plan, refused to sign constitution because there was no bill of rights

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great compromise

agreement that a state's population determined representation in lower legislative house, but each state would have equal representation in upper house; proposed by delegates from CT

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Oliver Ellsworth, Roger Sherman, and Dr. Samuel Johnson

delegates at constitutional convention from CT who proposed the great compromise

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three-fifths compromise

agreement that slaves would count as 3/5 of a person in censuses