Class Notes: Articles of Confederation, Constitutional Convention, Amendments, and Federalism

What is the significance of supermajorities in the amendment process?

Ensures broad consensus, making amendments stable and resistant to transient political trends.

What is cooperative federalism?

A type of federalism where the federal government assumes a more active role and collaborates with states, often called 'marble cake' federalism.

What was the Representation Compromise?

Established a bicameral legislature with the House of Representatives based on population and the Senate with equal representation for each state.

What are the disadvantages of federalism?

Complexity, duplication and power struggles, unclear jurisdiction, and slow progress.

What is the role of the Elastic Clause in expanding federal authority?

Allows Congress to pass laws needed to carry out its enumerated powers, expanding federal authority over time.

What is the Elastic Clause?

Grants Congress flexibility to pass laws needed to carry out its enumerated powers.

What is the 10th Amendment?

Reserves powers not delegated to the federal government to the states or the people.

What are the advantages of federalism?

Citizen participation, protection against domination, local responsiveness, and policy experimentation.

What was the Slavery Compromise?

Set the end of slave trade for 1808 and counted slaves as three-fifths of a person for representation and taxation.

What is extradition?

If a person commits a crime in one state and flees, they must be returned to that state upon capture.

What is dual federalism?

A type of federalism where federal and state governments are sovereign in their own spheres, often called 'layer cake' federalism.

What is the significance of federalism in the U.S. Constitution?

Ensures shared sovereignty and accommodates diverse regional interests.

Why was the Articles of Confederation replaced?

Unable to address economic and security needs, leading to the Constitutional Convention.

What is devolution/new federalism?

A return of some powers to states, with increased federal funding for programs while granting states independence to implement policies.

What were the problems with the Articles of Confederation?

Lack of national leader, equal representation despite population disparities, no power to tax, and high thresholds for law-making and amendments.

What are the reasons for federalism?

Federalism helps avoid concentration of power, minimizes the impact of factions, and serves as a middle ground between unitary and confederate systems.

What is the State method of amending the Constitution?

Two-thirds of state legislatures call for a Constitutional Convention, and three-fourths of states must approve the amendment.

How do amendments reflect societal and political evolution?

27 amendments have been made since the Constitution's ratification, reflecting changes in societal values and political needs.

What is the Supremacy Clause?

Establishes that federal law is superior to conflicting state laws.

What was the Constitutional Convention?

A meeting in Philadelphia in 1787 where 55 delegates from 12 states created a new government with greater power, prevented tyranny, and balanced state and federal interests.

What was Shay's Rebellion?

Farmers led by Daniel Shays attacked courthouses to prevent foreclosure, exposing economic instability and prompting calls for a stronger central government.

What is the Commerce Clause?

Grants Congress the power to regulate trade between states.

How does the Constitution evolve?

Through formal amendments and informal changes such as judicial interpretation, executive actions, and societal changes.

What are Privileges and Immunities?

Non-citizens in a state are entitled to the same rights as citizens of that state, preventing states from discriminating against outsiders.

What are informal changes to the Constitution?

Judicial interpretation, executive actions, and societal changes that evolve the Constitution beyond formal amendments.

What is a constitutional amendment?

A permanent change or addition to the U.S. Constitution.

What were the goals of the Constitutional Convention?

Separation of powers, checks and balances, and federalism to prevent tyranny and balance state and federal interests.

What is the 14th Amendment?

Ensures states cannot deny citizens due process or equal protection under the law, reinforcing civil rights.

What are the three categories of power division in federalism?

Expressed powers, reserved powers, and concurrent powers.

What was the ratification process?

Required approval by nine of thirteen states, with debates between Federalists and Anti-Federalists spanning from 1787 to 1790.

What is the Congressional method of amending the Constitution?

Two-thirds of both the House and Senate must approve, and three-fourths of state legislatures or state conventions must approve.

What are the types of amendments?

The Bill of Rights, suffrage amendments, societal change amendments, and government structure and function amendments.

What is the Full Faith and Credit Clause?

Requires states to recognize and honor the public acts, records, and judicial proceedings of other states.

What are the methods to amend the Constitution?

Congressional method and state method.

What is federalism?

A system of government where power is divided and shared between a national government and sub-governments such as states or regions.

What is the structure of the Constitution?

Preamble, Articles I-VII, which outline the purpose, legislative, executive, judicial branches, state relations, amendments, and ratification.