U.S. Constitution - 7RIVERA

What were the Articles of Confederation?

The first form of government implemented after winning the revolution. Gave states a lot of power, making a weak central government.

Who was Daniel Shays?

Prior soldier in the war, from Massachusetts, started Shays’s Rebellion

What was Shays’s Rebellion?

Farmers/townspeople from Massachusetts ledprotests against taxes demanded in hard currency

What was the constitutional convention?

1787. Philadelphia. 55 delegates gathered to address the weak central government. Sparks by Shays’ rebellion.

Why was slavery kept in the constitution?

To benefit the economies of southern states. If slavery was eliminated, then the southern states would refuse to join the union.

Why did delegates from the northern states allow for slavery to continue?

A strong government was more important than ending slavery

What was the Virginia Plan?

3 branches, bicameral legislature, representation decided based on population, favored larger states

What was the New Jersey plan?

3 branches, each state has one vote in the legislative branch

What was the great compromise?

Two-house legislature - one based on population, one with equal votes for each state

What was the 3/5 compromise?

For every 5 enslaved people, 3 would be counted for congressional representation and taxation purposes. The southern states wanted all slaves to count so they would be more powerful, but the northern states argued that slaves had no rights

House of Representatives

Legislative branch, 435 representatives decided by population

Senate

Legislative branch, 100 senators, 2 from each state

How does a bill become a law?

Voted on by the House of Representatives, then Senate, then signed by the president. A presidential veto can be overridden by a 2/3 vote

Electoral College

A system used to elect the president in which he each state is given a specific amount of electors based on the amount of representatives it has in Congress. If a candidate wins the popular vote in the specific state, it wins all of that states electoral votes. The first candidate to 270 electoral votes will win the election.

What is impeachment?

A formal accusation of wrongdoing by the president, vice president or other government official, which may lead to removal from office. It begins in the House, and goes to trial in the Senate.

What is a pardon?

A pardon is a decision to be free from criminal conviction issued by the president.

Supreme Court

9 justices appointed by president and confirmed by senate, decides if laws are constitutional

Original vs. Appellate Jurisdiction

Original jurisdiction - when a court has the authority to your case for the first time

Appellate jurisdiction- when a court has the authority to hear a case that has been appealed from a previous decision

What were the federalists?

Believed in strong central government

What were the anti-federalists?

Against the idea of a strong central government

What were the federalist papers?

Series of 85 essays anonymously published by Hamilton, James Madison, and John Jay is support of the strong central government.

What five rights are guaranteed by the first amendment?

Speech, Press, Assembly, Religion, and Petition the Government

What right does the second amendment give you?

The right to bear arms

What right does the fourth amendment give you?

No unfair seizures or searches of your person or belongings without a valid warrant.

What are the three main parts of the 5th amendment?

Due process, eminent domain, and double jeopardy

What does double Jeopardy mean?

You cannot be tried for the same crime twice.

(Ex: if you are found innocent of stealing from a shop, the shop cannot bring you to court again to try and prove you were guilty)

What does eminent domain mean?

The government can seize private property, so long as they pay the owners fair compensation.

What does due process mean?

The federal government must act fairly and follow established legal rules before depriving anyone of "life, liberty, or property". It ensures fundamental fairness through proper legal procedures, such as notice of charges and a fair hearing. 

Basically, it means that the government must follow the rules before they punish you.

What does the eighth amendment do?

It protects you from excessive bail, and cruel and unusual punishments.

Who declares war? Who is the commander in chief?

(Congress) Legislative branch; (president) executive branch

Who appoints justices? Who confirms judicial appointments?

(President) Executive branch; (Senate) legislative branch

Which branch does article one of the constitution talk about?

Legislative

Which branch does article two of the constitution talk about?

Executive

Which branch does article three of the constitution talk about?

Judicial

What is federalism?

A system of government where power is divided between the state and federal level.

What are concurrent powers?

Powers shared by both the federal and state governments. (Ex: ability to raise and levy taxes)

REAL WORLD APPLICATION: Lucas runs into class and yells “Bomb!” just to see how scared everybody gets.

Part I: Does he have a right?

Part II: Which amendment does this apply to?

No; 1

REAL WORLD APPLICATION: Juliana doesn’t like how tall the sidewalks is on the curb near her house, and thinks it causes many people to hurt themselves. She writes a letter to the mayor, complaining about the issue.

Part I: Does she have a right?

Part II: Which amendment does this apply to?

Yes; 1

REAL WORLD APPLICATION: There is a rumor of a robber around town. As Naomi is walking out of a shop, a police officer stops he and demands to search her. She says no.

Part I: Does she have the right to say no?

Part II: Which amendment does this apply to?

Yes; 4

REAL WORLD APPLICATION: Zoe works at a weapons shop. She doesn’t let anybody under 5 feet tall purchase a gun, since the weapon will be heavy for them.

Part I: Does she have a right?

Part II: Which amendment applies to this scenario?

No; 2

REAL WORLD APPLICATION: Alexa was brought to court for trespassing on private property, but found innocent. The place where she trespassed now wants to bring her to trial again, since they think she is guilty.

Part I: Does the place that she trespassed have the right to try her again?

Part II: Which amendment applies to this situation?

No; 5 (Double Jeopardy)

REAL WORLD APPLICATION: Violet lives in a town near a lake. The government wants to build a road where her house is, so they seize her property and offer her $200,000 in return.

Does the government have the right? Which amendment?

Yes; 5 (eminent domain)

REAL WORLD APPLICATION: Oscar is walking home from the bagel shop, when he is accused of stealing silverware. An officer pulls him over to talk to him, and forces Oscar to answer questions. Oscar admits to stealing, and is fined.

Does the police have the right to force you to answer questions? Which amendment?

No; 5 (due process)

REAL WORLD APPLICATION: Kyla is vandalizing the outside of her school. The officer wants to put her in juvy for 10 years.

Does he have the right to put her in juvy? Which amendment?

No; 8

Is this speaker a federalist or antifederalist: "Nothing is more certain than the indispensable necessity of government, and it is equally undeniable, that whenever and however it is instituted, the people must cede to it some of their natural rights in order to vest it with requisite powers."

Federalist

Is this speaker a federalist or anti federalist: “You must first enable the government to control the governed; and in the next place, oblige it to control itself.”

Federalist

Is this speaker a federalist or anti federalist: "When the people fear their government, there is tyranny; when the government fears the people, there is liberty."

Anti federalist

Is this person a federalist or anti federalist: "In a very large republic, it is scarcely possible... to prevent their abuse of power."

Anti federalist

A law is passed by the legislative and executive branch. How can the judicial branch “check” this decision?

They can deem the law unconstitutional

The president negotiates a treaty. How can the legislative branch “check” this decision?

Senate must ratify the treaty

The Supreme Court declares someone a criminal. How can the president “check” this decision?

Issue a pardon