AZC1

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Anonymous
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126014
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AZC1
Updated:
2012-01-04 23:59:32
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United States Constitution
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Final Exam
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  1. Magna Carta
    • Lord Coke
    • Tradition of English Common Law
    • "Great Charter"
    • set precedence: rights above king
    • "Due Process"
  2. 2nd Treatise
    • John Locke
    • 1st- against divine law of kings
    • "natural rights"- life, liberty, property
    • Gov. exists: Contract
  3. Declaration of Independence
    • Jefferson: Life, Liberty, Pursuit of happiness
    • Gov. depends on governed
    • Basis for constitution
  4. U.S. Constitution
    • Shows Magna Carta:
    • common law & due process
    • Separation of pwrs:
    • checks and balances
    • Creates Government
  5. Articles of Confederation
    • 1781
    • republican government
    • reps to continental congress (gov.)
    • states had pwr
    • "league of friendship" (confederation) between states
  6. Weakness of Articles of Confederation
    • 1. No pwr to tax
    • 2. No pwr to regulate foreign trade
    • 3. No national executive
    • 4. Laws have unanimous consent
    • 5. No national court
    • 6. Could not raise army
  7. 13 articles
    • 1. USA
    • 2. states pwr unless stated in articles
    • 3. bonding of states- defence, freedom, welfare
    • 4. defines terms
    • 6. treaties & wars
    • 7. land forces
    • 8. charges of war
    • 9. Judgements
    • 10. committe can execute pwrs in recess
    • 11. Canada
    • 12. debts
    • 13. alterations
  8. Original purpose of Constitutional Convention?
    • In response to "intolerable acts" protest
    • To ammend articles of confederation
  9. What were the main plans, issues, and compromises of constitution?
    • 1. Virginia Plan (James Madison)
    • 3 branches
    • Leg: holds pwr choose exec and jud
    • 2 houses based on population

    • 2. New Jersey Plan
    • 3 branches
    • leg-to exec-to jud
    • 1 house (all states equal)

    • 3. Connecticut Compromise
    • 2 houses
    • house of reps- pop
    • senate- equal rep

    • 4. 3/5 compromise
    • abolitionist - abolish slavery
    • south - slavery & more reps
    • COMPROMISE: abolish slavery 20 yr
    • count 3/5 for reps and tax
  10. Important people in founding U.S.
    • James Madison
    • George Washington
    • Benjamin Franklin
    • James Wilson (Lawyer)
    • Alexander Hamilton (G.W. sec)
    • George Mason (VA bill of rights)
    • John Dickinson (farmers letters)
    • Governer Morris
  11. Main arguments for ratification of Constitution
    • Federalists
    • 1. Need for Bill of Rights
    • 2. James Madison Fed ppr #10
    • new strong fed central gov. would
    • overcome factions and protect rights
    • better
    • 3. Freedoms not protected in state gov.
  12. Main arguments against ratification
    • Anti-Federalists
    • 1. Thought fed gov. too big, too pwrful, take away ppl rights
    • 2. Wanted bill of rights
    • 3. New pres would be like monarchy
  13. What are the purposes or goals of our constitution?
    • 1. To form more perfect union
    • 2. To establish justice
    • 3. To insure domestic tranquility
    • 4. To provide for common defense
    • 5. To promote general welfare
    • 6. To secure blessings of liberty
  14. How is constitution organized?
    • 3 Branches
    • Leg: Law making
    • Senate & House
    • Article 1
    • Exec: Law enforcing
    • Enforce gov. bureaucracies
    • Article 2
    • Jud: Law interpretting
    • Supreme Court
    • Article 3
  15. What are pwrs, checks, and balances?
    Legislative
    • 1. congress - house OR both
    • 2. elected by voters
    • 3. House - vote to declare war
    • - propose bills for tax
    • 4. Exec - Senate: confirm pres. appts
    • confirm/rej foreign
    • treaties
    • 4. Exec - Both: override pres. 2/3 vote
    • 5. Jud - create/eliminate federal cts
    • 5. Jud - impeach gov official
    • - House: investigates/indicts
    • - Senate: holds trial vote
    • guilt/innocent
  16. What are pwrs, checks, and balances?
    Executiv
    Pres: chief executive, diplomat, commander in chief, chief legislature (elected by electoral college)

    1. Main pwr: enforce administrators, execute all laws, manage fed gov bureaucracies, develop fed budget, appt high level of cabinent, regulatory pwr

    • 2. Leg: sign/veto laws
    • recommend leg
    • ask House to declare War
    • write exec order, foreign
    • agreement & treaties (REG PWR)
    • call/adjourn congress
    • appt vacancies in senate

    • 3. Jud: grants pardons
    • nominates fed judges and
    • supreme
  17. What are pwrs, checks, and balances?
    Judicial
    1. Main pwr: interpret/adjudicate fed/state laws

    2. Leg: review all leg acts and declare unconstitutional

    • 3. exec: review all exec acts and declare unconstitutional
    • issue injunctions during court orders
  18. Supremacy Clause
    All pwrs go to federal government unless specifically stated in constitution
  19. Bill of Rights
    • 1. religion, speech, press, assembly, petition the gov.
    • 2. bear arms
    • 3. quartering soldiers
    • 4. unreasonable search and seizure
    • warrants issued upon probable cause, be specific
    • 5. due process
    • 6. speedy trial, impartial jury, be informed of charges, face accusers, provide witnesses, legal counsel
    • 7. jury trial, facts can't be reexamined
    • 8. excessive bails & fines
    • cruel and unusual punishment
    • 9. listing of rights in other parts of constitution doesnt imply unlisted rights do not exist
    • 10. "reserved pwrs" for states
  20. Key ammendments
    • 13. No more slavery
    • 14. "Due Process"
    • 15. Right to vote (race)
    • 17. Vote for senate
    • 18. abolish alcohol
    • 19. Vote (gender)
    • 21. Legalize alcohol
    • 24. Vote w/o poll tax
    • 26. Vote (age 18yrs)
  21. "Due Process"
    • 5. Gov must obey own laws
    • Must follow certain paperworks
    • Equal protections
    • 14. Gave rights to African Americans
  22. What is organizational structure of federalism
    • 2+ levels
    • Each level has strong constitutional pwr
    • each has different pwr

    • FED: over national issues
    • enumerated
    • implied
    • leg, exec, jud

    • STATE: over local issues
    • reserved pwr
  23. "reserved" "enummerated" "implied" pwrs?
    • "enumerated": spelled out
    • "implied":
    • "reserved"

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