gov constitution

Articles of Confederation

A weak constitution that governed America during the Revolutionary War

When were the Articles of Confederation written and who wrote them?

1777-1781 by the Second Continental Congress (they started writing in the middle of the Revolution in the hopes we would win the war)

Who did the Articles of Confederation connect?

Connected the states to the federal government

What is a confederation?

A group (in this case, a group of states that were loosely associated)

What branches did the Articles have?

Only congress, no President or judicial system

loving v virginia

• Anti-misegentation laws - anti people of different races to marry

• White man+black women get married in DC

• Get married and move back to Virginia where biracial marriage is illegal

• Cop has to prove they have sex - can go into their home and arrest them in their bed

• Leads to Supreme Court case Loving vs. Virginia - 1967

• States get to make marriage laws expect when its not equal

• Full faith and credit clause: A marriage license must be counted in all state 

• 1995 - Hawaii legalizes gay marriage - everyone goes to Hawaii to get married - Hawaii is setting laws for whole country

  • Congress passes 1996 DOMA (defined marriage as between man and woman) - expedition

• DOMA gets challenged in US v. Windsor - strikes down DOMA

  • Can’t use US vs. Virginia to argue that DOMA is unconstitutional

  • 5th amendment - Edith Windsor is being denied property of inheritance

Strengths of the Articles of Confederation

• Cooperation between the states

• States will only pay taxes during times of war

• There will be a militia

• Each state has representation in Congress

Weaknesses of the Articles of Confederation

• No regular taxation system

• States had more power than federal governments

• No standing army

• Lack of unity

What was the Land Ordinance of 1785?

Law which designed a system for managing and selling lands in the Northwest Territory, the colonists could buy land from the governement

Significance of Land Ordinance of 1785

Demonstrates how the government was struggling for money (no taxation!) since they charged high amounts for land

When was Shay's Rebellion?

1786-1787

What was Shay's Rebellion?

Rebellion led by Daniel Shay, it consisted of a series of attacks on courthouses and other government buildings

Why did Shay's Rebellion happen?

Because soldiers had not been paid after the Revolutionary war and they went into debt and had no money to pay taxes (were getting arrested for not paying taxes)

Where was Shay's Rebellion?

Massachusetts

Significance of Shay's Rebellion

Highlighted the weaknesses in the Articles of Confederation, displayed the need for an army, and led to the creation of the Constitution

Northwest Ordinance of 1787

• A law that established the 3-step procedure for the admission of new states to the Union

• Outlawed slavery in the northwest territories

Procedure outlined in the Northwest Ordinance of 1787

1) Elect a governor, secretary and 3 judges to rule

2) The state elects an assembly and one non-voting delegate (when the population reaches 5,000 free men)

3) State Constitution should be made (when population reaches 60,000)

Significance of the Northwest Ordinance of 1787

• Outlawed slavery in the northwest territories

• Established the method for admitting new states

• Made all states equal

• One of the most important legislative acts of the Confederation Congress

What was the Constitutional Convention and it's goals?

A meeting of delegates that were appointed by their state to revise the Articles of Confederation and create the Constitution

Who acts as a check to the House of Representatives?

the senate

What was the economic compromise in the Constitution?

Tariffs could only be placed on imports from foreign countries and not exports from the U.S.

Brutus 1: What are some congressional powers that could lead to uncontrollable power? (examples that the Constitution gives Congress too much economic power)

- Laying and collecting taxes
- Regulating trade
- Raising/supporting armies and the militia
- Instituting courts

Constitutional republic

A democratic system with elected representatives in which the Constitution is the supreme law (Americans elect representatives to make laws and policies instead of voting directly, certain limits are put in place to prevent these elected officials from infringing on the right's of the people)

What was the first tariff and why was it implemented?

It said that national revenue must be obtained, but in a way that doesn't oppress the citizens. This was implemented because the government needed money, but they didn't want to tax the colonists (right after the revolution!)

What was the main idea of 'The Crisis of the Middle Class Constitution'?

If everyone had equal access to property, everyone would have equal access to power; power always follows property (James Harrington's idea)

Who was at the Constitutional Convention?

55 delegates; all states represented except Rhode Island

Where and when was the Constitutional Convention?

Pennsylvania, May-September 1787

Who was President of the Constitutional Convention?

George Washington (unanimous)

What was the Virginia Plan?

• Each state had their delegates based on population

• Enslaved people should be counted as people for representation, but not for taxation

• Proposed by James Madison

What was the New Jersey Plan?

• Each state should receive an equal amount of representatives

• Enslaved people should not be counted as people for representation, but they should for taxation

• Proposed by William Patterson

The Great Compromise "Connecticut Compromise"

• Slaves would be counted as 3/5 of a person in determining population (for representation AND taxation)

• Senate has an equal amount of representatives, the House has representatives based off population (always 435)

• Proposed by Roger Sherman

What was the purpose of the Preamble?

State the objectives of the Constitution: fix the weaknesses from the Articles of Confederation; "Form a more perfect union", establish justice, insure peace, establish an army, secure our rights and the liberty of future citizens

What was Article 1 about?

The Legislative Branch: Congress, which consists of a Senate and a House of Representatives

How many years are the terms for the Senate and the House?

Senate: 6 years; House of Representatives: 2 years

Who are the heads of the house for the Senate and the House?

Senate: Vice President; House of Representatives: Speaker of the House

Quorum

Participation rate required to make decisions

What happens if there aren't enough people present to actually make decisions in the Legislative Branch?

Members can hold smaller meetings to make up for those absences

Who holds the 'Power of the Purse' and what is it?

The House holds this power: the power to approve and decline government spending

Members of the Legislative Branch can vote or _.

"Yea" or "Nay"

What is the process of passing a bill into law?

1) Voted on and passed by the House or the Senate

2) Presented to the President (if he approves it, he signs it; if he disapproves, he returns it with his objections)

3) The House or Senate reconsiders his objections and re-write the bill

4) They re-vote, if more than 2/3 of the members agree, it becomes a law

How long does the President have to return a bill?

10 days, or else it is automatically passed

What was Article 2 about?

The Executive Branch

Who holds executive power?

The President and the Vice President

What are the Presidential requirements?

• Natural born U.S. citizen

• At least 35 years old

• Lived in the U.S. for at least 14 years

The President is also the commander in chief of the…

Army and Navy

Process of admitting a Supreme Court Justice

1) President nominates someone

2) Senate interviews them

3) Senate ultimately approves or disapproves them

What are the causes of impeachment?

1) Treason

2) Bribery

3) Other high crimes or misdemeanors

Popular sovereignty

First principle of the Constitution: the authority of the government comes from the consent of the people (citizens elect members to represent them)

Who influenced Popular Sovereignty?

John Locke

Compulsory voting

Required voting (not in the U.S.)

Limited government

2nd principle of the Constitution: A government subject to strict predefined limits on its lawful uses of power

Implied powers

The powers of Congress that are not listed in the Constitution, but are implied by those that are

Elastic clause

Congress has the power to make all necessary laws in order to carry out their expressed powers listed in the Constitution (elastic bands stretch: Congress uses this clause to stretch it's powers

Strict Constructionists

Believe that the Constitution should NOT be modernized, they are for originalism (original Constitution)

Loose Constructionists

Believe that the Constitution is a living document and it SHOULD be modernized because we live in a much different world than when the Constitution was written

Judicial review

3rd Principle of the Constitution: The power of the Supreme Court to declare laws unconstitutional, implied power to the Judicial Branch
established by Hamiltion in Fed 78

Judicial review gives the Judicial branch a check on…

The legislative Branch (can stop the from passing laws)

What is the electoral college?

A body of electors who represent the people's vote in choosing the president

Who chooses the electors?

The political party of the candidate of your state, state laws vary on this

Why was the electoral college created?

It was created as a compromise between the election of the President by a vote in congress and election of the President by a popular vote of qualified citizens

What was voting like in Early America?

Strictly white, property-owning men could vote: the founding fathers didn't trust anyone else enough to give them this power

What was the 3rd article about?

Judicial Branch

How many inferior courts can there be?

As many as we need as our population size grows

Where will you be tried if you commit a crime?

In the state it was committed

How many witnesses does there need to be in order to be convicted of treason?

2, you cannot be convicted of treason unless there are two witnesses against you

Fugitive Slave Clause

In article 4, talks about what happens to slaves if they escape/become fugitives

What form of government is promised in Article 4?

Republican form (electing representatives)

How are a majority of amendments passed?

Proposed by 2/3 of each chamber of Congress, then ratified by at least ¾ of the state legislatures

Can a state have less than 2 representatives in the Senate?

Yes, with the consent of that state

For high government officials to qualify for office, they must…

be bound by Oath or Affirmation (no religious test shall ever be required as a qualification to any Office)

How many states were needed to ratify the Constitution?

9 states

When was the Constitution signed?

September 17th, 1787

Example of Judicial Review

Marbury v. Madison

Importance of Marbury v. Madison

• Made the Judiciary Act of 1789 unconstitutional

• Led to the Supreme Court process of Judicial review

• Jefferson is taking office - saw chief justice john marshall as opp - hated each other

• Outgoing President John Adams had issued William Marbury a commission as justice of the peace - but the new Secretary of State, James Madison, refused to deliver it

• Question: Do the plaintiffs have a right to receive their commissions

• Adams wants to pack court with Federalists - Midnight judges

  • Wants to act as check on anti-federalists 

• Art.3 only gives supreme court og jurisdiction - Marbury shouldn’t be there

• The Court held that the provision of the Judiciary Act of 1789 enabling Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the CourtÕs original jurisdiction beyond that which Article III, Section 2, established.

  • Madison won bc marberry shouldn’t have been there

Who was the Chief Justice during Marbury v. Madison?

John Marshall

Federalism

4th principle: the division of power between the national, state, and local governments (Ex: parents are national governments, children are state governments)

John Marshall's/Jefferson's views on federalism

Marshall: for federalism, weak national governments will not accomplish anything (his views come from his experience at Valley Forge)

Jefferson: against federalism, worried federal governments would get too large in power

Dual federalism

Power is divided between the federal and state governments in clearly defined terms (used in the 1800's)

Dual federalism is also known as…

Layer cake federalism: clear, defined lines between the tiers of government

Cooperative federalism

Federal and state governments share the responsibility for governing

Cooperative federalism is also known as…

Marble cake federalism: powers overlap (used since 1930)

Separation of Powers

5th principle: dividing the powers among the 3 branches

What is pardon power and who holds it?

The power to make someone un-guilty, the President holds this power

Who has the power to appoint federal positions?

The president; can appoint Supreme court judges, ambassadors, and cabinet members

Pocket veto

When a bill fails to become law because Congress goes out of session less than 10 days after the bill is presented to the President

What is an example of a right congress can suspend?

Writ of habeus corpus: the right to a trial and to know the trials against you, can suspend in times of invasion and rebellion

1st amendment

Freedom of speech, religion, press, assembly, and petition

2nd amendment

The right of the people to keep and bear arms

3rd amendment

No quartering of soldiers without consent

4th amendment

Protection against Unreasonable Search and Seizure

5th amendment

• The Right to Remain Silent

• Can't be tried for something twice

• Right to life, liberty, and property

6th amendment

The right to a Speedy Trial

7th amendment

Right to a trial by jury in civil cases (lawsuits above $20)

8th amendment

No cruel or unusual punishment

9th amendment

Citizens entitled to rights not listed in the Constitution

10th amendment

Powers not given to federal government go to people and States

How did FDR suspend habeus corpus?

By sending Japanese-Americans to intermittent camps during WWII

What was the war on terror?

Went after terrorists after 9/11 (had congressional approval)

When did the Guantanamo cases take place and what were they? (Hamdi and Hamden vs US)

The took place during the war on terror and it was when Bush went after terrorists and held them in Guantanamo Bay, Cuba