Gov notes for test

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### **Events Leading to the Writing of the Constitution**

- **Struggle Between the Colonies and Britain**:

- **Relationship between Colonists and King/British Government**: Colonists were increasingly unhappy with the British government. They felt they were being treated unfairly, especially because they had no direct representation in Parliament, which passed laws that affected them.

- **Actions by the King/British Government towards Colonists**: Britain imposed various taxes and laws (such as the Stamp Act and Tea Act) without the consent of the colonists, which led to growing anger.

- **Actions by the Colonists towards the King/British Government**: In response, colonists protested, boycotted British goods, and eventually revolted (Boston Tea Party, for example). They started to form local assemblies and militias to resist British control.

- **King George III**: The British monarch during this period. He is often seen as a symbol of British tyranny by the colonists.

- **Taxation without Representation**: A key issue for the colonists. They resented being taxed by Britain without having any representatives in the British Parliament.

- **First Continental Congress**: A meeting of delegates from 12 of the 13 colonies (1774) to discuss how to respond to British policies. This was the first major cooperative action by the colonies.

- **The Declaration of Independence**:

- **What**: The formal statement declaring the 13 colonies independent from Britain.

- **Where**: Signed in Philadelphia at the Pennsylvania State House (now Independence Hall).

- **When**: July 4, 1776.

- **Why**: The colonists wanted to be free from British rule and to establish a government based on the consent of the governed.

- **Who**: Primarily written by Thomas Jefferson, with input from John Adams, Benjamin Franklin, and others.

- **Common Sense by Thomas Paine**: A pamphlet that inspired many colonists to support independence by arguing for the natural rights of individuals and the injustice of British rule.

- **Second Continental Congress**: The governing body of the colonies during the Revolutionary War. It issued the Declaration of Independence and managed the war effort.

- **The U.S. Constitution and Bill of Rights**:

- **Articles of Confederation**: The first written plan of government for the United States, which was weak because it gave little power to the federal government (no power to tax, no national army).

- **How the Constitution is different from the Articles**: The Constitution created a stronger federal government with the power to tax, regulate trade, and provide for national defense.

- **Constitutional Convention**: The meeting held in 1787 to draft the U.S. Constitution, replacing the Articles of Confederation.

- **Bill of Rights**: The first 10 amendments to the Constitution, guaranteeing fundamental rights and freedoms such as freedom of speech, religion, and the press.

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### **Structure of the Constitution**

- **Preamble**: The introduction to the Constitution, which outlines its purposes (e.g., to establish justice, ensure domestic tranquility, provide for the common defense, promote general welfare, and secure the blessings of liberty).

- **7 Articles of the Constitution**:

- **Article I**: Establishes the Legislative Branch (Congress).

- **Article II**: Establishes the Executive Branch (the President).

- **Article III**: Establishes the Judicial Branch (the Supreme Court).

- **Article IV**: Deals with the relationship between the states and the federal government.

- **Article V**: Describes the process for amending the Constitution.

- **Article VI**: Contains the Supremacy Clause, which says the Constitution and federal laws are the supreme law of the land.

- **Article VII**: Explains the process for ratifying the Constitution.

- **27 Amendments**: Changes or additions to the Constitution, including the Bill of Rights (the first 10 amendments).

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### **Six Basic Principles of Government**

- **Limited Government**: The idea that government has only the powers that the Constitution gives it. The government cannot do whatever it wants; it is limited by law.

- **Rule of Law**: Everyone, including government officials, must follow the law. No one is above the law.

- **Federalism**: A system of government in which power is divided between a national (federal) government and various state governments.

- **Supremacy Clause**: A part of Article VI that says federal laws and the U.S. Constitution are the supreme law of the land, and state laws must follow them.

- **Popular Sovereignty**: The principle that the authority of the government comes from the people. The people are the ultimate source of power.

- **Separation of Powers**: The division of government power into three branches: Legislative (makes laws), Executive (enforces laws), and Judicial (interprets laws). Each branch has its own responsibilities to prevent any one branch from having too much power.

- **Judicial Review**: The power of the courts to declare laws and actions of the government unconstitutional.

- **Marbury v. Madison**: The Supreme Court case that established the principle of judicial review.

- **Checks and Balances**: A system that ensures no one branch of government becomes too powerful. Each branch can check (or limit) the power of the other branches. For example, the President can veto laws passed by Congress, but Congress can override that veto.

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### **Formally Amending the Constitution**

- **Methods of Amending**:

- **Proposing an Amendment**: An amendment can be proposed by either:

1. A 2/3 vote in both houses of Congress, or

2. A national convention called by 2/3 of state legislatures.

- **Ratifying an Amendment**: Once proposed, an amendment must be ratified by:

1. 3/4 of the state legislatures, or

2. 3/4 of state conventions.

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### **Informally Amending the Constitution**

- The Constitution can be "informally" amended, meaning its interpretation or application changes over time without formally changing the text. This can happen through:

- **Laws Passed by Congress**: New laws can clarify or extend the meaning of the Constitution.

- **Actions Taken by the President**: For example, executive orders can affect how laws are enforced.

- **Decisions of the Supreme Court**: Court rulings can reinterpret constitutional principles (e.g., rulings on civil rights or privacy).

- **Influence of Political Parties**: Political practices (such as the nomination of candidates) that are not specifically mentioned in the Constitution have shaped how the government operates.

- **Customs/Traditions**: Long-standing practices, such as the President serving only two terms (until it was formalized by the 22nd Amendment), have influenced government operations.

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Flashcards Based on Constitutional Notes

1. Struggle Between the Colonies and BritainDefinition: A conflict stemming from colonists' dissatisfaction with British taxation and laws without representation in Parliament.

2. Taxation without RepresentationDefinition: The colonists' resentment of being taxed by Britain when they had no representatives in British Parliament.

3. First Continental CongressDefinition: A 1774 meeting of delegates from 12 colonies to strategize response to British policies.

4. Declaration of IndependenceDefinition: The formal statement by the colonies declaring independence from Britain, signed on July 4, 1776.

5. Articles of ConfederationDefinition: The first governing document of the U.S., which was largely ineffective due to a weak federal government.

6. Constitutional ConventionDefinition: The 1787 meeting to create a new Constitution to replace the Articles of Confederation.

7. Bill of RightsDefinition: The first 10 amendments to the U.S. Constitution, guaranteeing individual rights and freedoms.

8. PreambleDefinition: The introductory statement of the Constitution outlining its purposes, such as ensuring justice and liberty.

9. Separation of PowersDefinition: The division of government into three branches to prevent any one branch from gaining too much power.

10. Judicial ReviewDefinition: The power of the courts to invalidate laws and actions that violate the Constitution.