AP Governemnt Chapter 2 (Constitution) Test Review

Constitution

a document that sets out the fundamental principles of governance and establishes the institutions of government

Republic

a government ruled by representatives of the people

Articles of Confederation

a written agreement ratified in 1781 by the 13 original states that weakly organized the states under a central congress

Powers of Congress under the Articles of Confederation

-conduct forigen affairs
-make treaties
-declare war
-build a navy and raise an army by asking the states for troops
-coin and borrow money
-fix uniform standards and measures
-establish post offices

Treaty of Paris 1783

ended the American Revolution

Critical Period

-the period of time following the end of the revolutionary war in 1783 to the inaguration of George Washington in 1789
-new nation faced a wide array of forigen and domestic problems

Weaknesses of Congress under the Articles of Confederation

-could not lay and collect taxes
-pwerless to regulate forigen and interstate trade
could pass laws but could not force states to comply
-virtually impossible to ammend articles

Northwest Ordinance of 1787

provided for orderly admission of states to the union

Shay's Rebellion

-rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures
-highlighted the need for a strong national government just as the call for the Constitutional Convention went out

States Rights

the rights and powers held by individual US states rather than by the federal government

Mount Vernon

-George Washington invited the Maryland and Virginia commissioners to his house to discuss navigational rights on shared waterways
-started the concept of regular meetings between states to discuss issues and common concerns

Confederacy-Leauge of Independent (Sovereign) States

under the articles government, each state had one vote

Anapolis Convention

-discussed trade conflicts
-only 5 states showed (NJ, NY, PA, DE, VA)
-meeting of commisioners to remedy defects of the federal government

Constitutional Convention

-delegates from 12 our of 13 statesmet in Philadelphia in May to september, 1787 at the state house (6 days a week from 10am to 4pm)
-president of convention is George Washington
-all discussions were kept secret and no one could take notes home

Grand Committee

a committee at the Constitutional Convention that worked out the compromise on representation

Virginia Plan

-proposed by Edmund Randolph
-primarily work of James Madison
-had strong national government
-legislative, executive, and judicial branches
-representation would be based on population
-favored by larger states

New Jersey Plan

-proposed by William Paterson
-executive, legislative, and judicial branches
-unicameral congress with equal representation
-favored by smaller states

Conneticut Compromise

-an agreement made between the large and small states regarding how much power states would have under the Constitution
-proposed by Rodger Sherman
-bicameral legislature
-house based on population
-senate has equal representation

Three-Fifths Compromise

compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives

Commerece and Slave Trade Compromise

states that congress has the power to regulate trade with forigen nations, that congress could not prohibit the slave trade until 1808, and that imported slaves could be taxed

Strengths of the new Constitution

-stronger (3 branch) national government
-established executive and judical branches (sepreation of powers and checks + balances)
-bicameral legislature
-congress now has the power to tax
-national government can regulate interstate strade
-power is divided between state and national governments

Unicameral Legislature

one-house legislature

Bicameral Legislation

two house legislature that was a way to spread power and allow for checks and balances

Constitution Ratification Date

September 17, 1787

Supremacy Clause

Constitution is the supreme law of the land

Federalists

-supporters of the US Constitution who called for a strong national government
-led by James Madison, Ben Franklin, and George Washington
-established checks and balances system
-supported speration of powers

Federalist Papers

-a collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay and published between 1787 and 1788 that laid out the theory behind the Constitution
-written under pseudoymn "Publius" in New York newspapers to urge states to support the new Constitution

Federalist No. 10 and 51

-factions and republic
-seperation of powers and checks and balances

Factions

a group of self-interested people who use the government to get what they want, trampiling the rights of others in the process

Anti-Federalists

-those opposed to the proposed Constitution, who favored stronger state governments
-led by Thomas Jefferson, Patrick Henry, and John Handcock
-feared strong national governemnt and thought it would abuse its power
-thought Constitution lacked bill of rights

Brutus No. 1

argued that federal power was bad and that the Constitution gives too much power to the federal government

6 Purposes of American Government

-form a more perfect union
-establish justice
-ensure domestic tranqulity
-provide for the common defense
-promoste the general welfare
-secure the blessings of liberty

Article I

-sets up legislative branch
-congress has law making authority
-sets up bicameral legislature
-defines powers and sets up rules

Article II

-sets up executive branch
-headed by a president and vice president
-executive enforces the law
-explains elections and removal process
-describes powers and duties of the president

Article III

-sets up judical branch
-sets up supreme court and lower courts
-branch interprets the law

Article IV

-says thst all states must respect each other's laws, court decisions, and records
-explains process for allowing new states
-promises protection of states by federal government

Article V

-describes formal amendment process
-amendments must be properly proposed and ratified before pecoming operative
-designed to strike a balance between the excess of constant change and inflexiblity

Amendment

a change in the Constitution brought about through one of the four methods set out in the Constitution

Amendment Process

-33 amendments have been proposed by congress and sent to the states for ratification
-27 have been sucessful
-4 methods

First method of amending the Constitution

amendment is proposed by a joint resolution in congress by a 2/3rds majority vote in both houses and then ratified by 3/4ths of the state legislatures (used 26 times)

Second method of amending the Constitution

amendment is proposed by congress by a 2/3rds vote in both houses and then ratified by special ratifying conventions in 3/4ths of the states (used for 21st amendment)

Third method of amending the Constitution

amendment is proposed at a national convention when requested by 2/3 of the State legislatures, and then
Ratified by 3/4 of the state legislatures

Fourth method of amending the Constitution

amendment is proposed at a national convention called by Congress when requested by 2/3 of the state legislatures (34-50) and then ratified by special ratifying conventions held in 3/4 of the states (38-50)

Bill of Rights

first ten amendments to the Constitution

Article VI

-all debts and engagements entred into before adoptation of Constitution carry over
-supremacy clause
-oath of office

Article VII

-ratification
-needed 9/13 states

Expressed Powers

powers specifically granted to the federal government by the Constitution

Delegated Powers

powers given to the federal government

Implied Powers

powers of the federal government that are not expressed in the Constitution

Inherent Powers

powers held by the president that are not explicitly mentioned in the Constitution

Concurrent Powers

powers shared by both the federal and state governments

Reserved Powers

powers not specifically granted to the federal government or denied to the states belong to the states and the people

Prohibited Powers

powers denied to the federal and/or state governments

Writ of Habeas Corpus

A court order requiring explanation to a judge as to why a prisoner is being held in custody (Article 1, section 9, clause 2)

Bills of Attainder

-a piece of legislation tht declares a party guilty of a crime
-allows the government to punish a party for a precieved crime without going through the trial process
-prohibited by Article 1, section 9, clause 3

Ex Post Facto Laws

-refers to a crimminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when origionally performed
-prohibited by Article 1, section 9, clause 3

Article VI (Section 3)

prohibits a religous test as a condition of holding office in the federal government

Popular Sovereignty

the idea that the government's right to rule comes from the people

Limited Government

-a principle of constitutional government
-a government whose powers are defined and limited by a Constitution

Separation of Powers

the division of power among the legislative, executive, and judicial branches

Checks and Balances

a system in which each branch of government is able to check, or restrain, the power of the others

Judicial Review

-the power of a court (ultimately the Supreme Court) to determine the constitutionality of a governmental action
-established in this landmark supreme court case in 1803

Federalism

division of power between the state and federal governments

Informal Amendments

changes to the Constitution that do not lead to changes in the written document

Basic Legislation

Congress can pass laws that spell out
some of the Constitution's brief provisions, defining and
interpreting the meaning of constitutional provisions

Executive Action

presidents can use their powers to make distinctions in unclear provisions of the Constitution

Court Decisions

-Supreme Court interprets and applies the Constitution to cases
-Supreme Court is a "Constitutional Convention in continious session"

Party Practices

-major source of informal amendments
-political parties are not mentioned in the Constitution
-bicameral legislature: majority vs minority party
-no consttutional/written law about how to nominate presidental candidates

Customs

-presidental cabinet
-term limits (pre 22nd Amendment)
-presidental sucession (pre 25th Amendment)