U.S. Constitution and Constitutional Convention Flashcards

Flashcards based on lecture notes about the U.S. Constitution and the Constitutional Convention.

Purpose of the Constitution stated in the Preamble

To form a more perfect union, establish justice, ensure peace, provide defense, promote welfare, and secure liberty.

Article I established

The Legislative Branch, creating Congress with the House of Representatives and Senate.

Powers granted to Congress in Article I

The power to make laws, collect taxes, declare war, and regulate commerce, among others.

Article II establishes

The Executive Branch and the office of the President.

Main roles of the President stated in Article II

Enforcing laws, serving as commander-in-chief, and handling foreign policy.

Article III establishes

The Judicial Branch, including the Supreme Court and lower federal courts.

Main roles of the Judicial Branch

To interpret laws and resolve disputes.

Main idea of Article IV

States' Powers and Limits, describes the relationship between states and the federal government.

Article V addresses

The Amendment Process, explaining how the Constitution can be changed.

Approval required to amend the Constitution

2/3 of Congress and 3/4 of the states.

Main declaration of Article VI

Declares the Constitution the supreme law of the land, with federal laws overriding state laws.

Topic covered in Article VII

Ratification, details how the Constitution would take effect after being ratified by 9 of 13 states.

Event that inspired the Constitutional Convention

Shays’ Rebellion

Where did the Constitutional Convention take place?

Philadelphia

# of states that sent delegates to the Constitutional Convention

12

# of delegates that attended the Constitutional Convention

55

Common characteristic of the delegates at the Convention

Wealthy, well-educated white men, many lawyers, landowners, or had government experience.

Notable delegates present at the Convention

George Washington, James Madison, Benjamin Franklin, Alexander Hamilton

Procedures established at the Constitutional Convention

Secrecy, keeping a journal of vote tallies, and a 30-year ban on publishing accounts of the proceedings.

Points of agreement at the Constitutional Convention

The national government needed more strength, the power to regulate commerce, and that federal law should have predominance over state law.

Hamilton’s view of the general public

General public was driven by emotion and self-interest, so he thought the people shouldn’t have too much direct power in government. He favored leadership by the educated and wealthy elite.(aristocratic view)

James Madison’s thoughts on the role of government

The difficulty of government lies in enabling the government to control the governed, and oblige it to control itself.

Forms of government considered at the Constitutional Convention

Monarchy, Aristocracy, and Democracy

Benefit of Monarchy

Provides stable, long-term leadership through inherited power.

Benefit of Aristocracy

Talented, smart, and educated people running government

Benefit of Democracy

gives people a voice in government through free elections and protects individual rights.

Major drawback of Democracy

Tyranny of the majority tramples over the minority

Three branches of government

Legislative: Senate and House of Representatives; Executive: President; Judicial: Courts

Process of president being elected and term

Elected by Electoral College, 4-year term

Senate election process and term

6 years term; Elected/chosen by state legislatures.

Representative election process and term

Elected by voters in their districts every 2 years with no term limits.

Judiciary election process and term

Federal judges are elected by the President, confirmed by the Senate, and serve for life. State judges are elected and serve fixed terms, usually 6–14 years.

Basic Principles of the Government

Republicanism, Federalism, Separation of powers, Checks and balances, Freedom over efficiency.

Republicanism

form of government where the power resides in the people and exercised by representatives

Federalism

division of power between nation and state governments

Separation of powers

assignment of lawmaking, law enforcing, and law interpreting between 3 branches

Groups existed when selling the constitution

Federalists: embraced the new constitution preferred a strong national government. Anti-Federalists: Opponents

Federalist Papers

85 essays written to support and explain the Constitution

Who wrote the Federalist Papers

Alexander Hamilton, James Madison, and John Jay

3 complaints of the Antifederalists

1. Too much power to the federal government.

2. No Bill of Rights to protect individual freedoms.

3. President could become too powerful, like a king.

Resolution the Federalists set to get both sides to pass the constitution

Promised to include a Bill of Rights