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2010-11-19 13:46:47

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  1. The constitution was signed in _______, and ratified in __________?
    1787, 1788
  2. Who wrote the federalist papers?
    John Jay, Alexander Hamilton, James Madison
  3. Constitutional Principles
    • - limited government
    • - seperation of powers
    • - checks and balances
    • - popular sovereignty
    • - individual rights
  4. How many members are in the Senate?How long are the terms and what are their powers?
    • 100 members, 2 per state
    • 6 year tem unlimited
    • approve presidential appointments, treaties and try impeachments
  5. How many members are in the House of Representatives? How are long are their terms and what are their powers?
    • 435 members
    • 2 year term, unlimited
    • make impeachments
  6. Legislative Branch
    • Consists of the House and the Senate,
    • they declare war, write bills, tax, override vetos, propose amendments
  7. Judicial Branch
    interpret the laws, 9 supreme court members and chief justice
  8. Executive Branch
    • president and vice president
    • atleast 35, natural born citizen, 14ys us resident
    • vetos bills, wage war, negotiate treaties, grant pardons, call special sessions of congress, appoint officials
  9. The Federal Farmer says that the laws of the government rest on the confidence of whom?
    the people
  10. According to the Farmers Letters, who would suffer under the new constitution?
    the remote states
  11. The Federal Farmer letters concede that?
    • the federal system is defective
    • some of the state gov. are poorly administered
  12. What did James Madison say was the best way/solution to control factions?
    a large republic
  13. What are factions?
    • James Madison used factions to describe a number of citizens united by a common passion or interest
    • the most common faction is the unequal distribution of land
  14. What did Thomas Jefferson think about the the democratic principles?
    they were best applied in an agrarian society
  15. The Federal Farmer proposes that what be added to the constitution?
    a federal Bill of Rights
  16. What are the main ideas and relationships between the Magna Carta, the Declaration of Independence, the Constitution and the Preamble?
    • magna carta - colonists use to justify taxes, a statement of rights and privileges for British noblemen (Edward Coke)
    • constitution - rights apply to all citizens
    • dec. of Ind. - includes ideas and principles founded in Lockes Second Treatise, details the way the Britich gov. violated principles in the magna carta
  17. John Locke
    • would have likely supported the Dec. of Ind. b/c the English gov, had violated its "contract" w/ the colonists believed when the government tramples over the lives, liberties and estates of the people, the people have the right to rebel
    • he said that people submit themselves to the legislators
  18. Purpose of the Constitutional Convention
    to forge new gov.
  19. The Great Compromise
    set the number of representatives in the house proportional to the popuulation, while the number of senators remains 2 per state
  20. 3/5's compromise
    • proposed to encourage the southern stares to support the new constitution
    • counted the slaves into the population
    • gave southern states control of the house but not the senate
  21. The Virginia Plan
    would have created a strong federal government in which the states have very little power
  22. What issues required compromise during the drafting of the constitution?
    • representation in congress
    • how to best elect an executive officer
    • regulation on the importation of slaves
  23. Government under the articles
    • unicameral legislature
    • 1 vote per state
    • 2/3 majority vote needed to pass legislation
    • unanimous vote needed to amend the articles
  24. Foreign affairs problems under the articles
    • inability for national government to raise an army leaving the US vunerable
    • treaty of paris provisions were not enforced ending in the Revolutionary war
    • so the British continued to occupy the forts in the northwest territory
  25. Foreign trade problems under the articles
    other countries placed tariffs and trade restrictions on US goods, the US was not able to reciprocate, absence of navy left US merchant ships vunerable to pirates
  26. Intrastate Commerce problems under the articles
    states placed tariffs on each others goods , led to a decline in intrastate commerce
  27. Currency problems under the articles
    many states printed their own money, the national currency became almost worthless
  28. Weaknesses under the articles
    • no national exective
    • no national court system
    • national government could not collect taxes
    • national government could not raise an army
    • national government could not regulate trade
  29. A - 1
    freedom of religion, speech, press, assembly , petition, free expression, free exercise clause, establishment clause
  30. A-2
    right to bear arms
  31. A-3
    consent to quarter soldiers
  32. A-4
    • rights of accused - investigation stage
    • search and seizure
    • warrants require probable cause
  33. A-5
    • rights of accused - arrest stage
    • grand jury
    • no double jeopardy
    • self incrimination
    • due process
    • takings
  34. A-6
    • rights of accused - trial stage
    • speedy, public trial
    • impartial jury
    • informed of charges
    • confronted by accusers
    • subpeona power
    • counsel
  35. A-7
    trial by jury
  36. A-8
    • rights of accused - penalty stage
    • no excessive bail
    • cruel and unusual punishment
  37. A-9
    retains the rights of the people
  38. A-10
    undelegated powers left to the states or people
  39. A-11
    judicial powers
  40. A-12
    election of president and vice president
  41. A-13
    slavery abolished
  42. A-14
    limits upon states
  43. A-15
    right to vote not limited by race
  44. A-16
    income tax
  45. A-17
    election of senators
  46. A-18
    prohibition of alchohol
  47. A-19
    roght to vote given to women
  48. A-20
    terms of office for president, vice president, senators and representatives
  49. A-21
    repeal of prohibition
  50. A-22
    presidency limited to two terms
  51. A-23
    presidential vote in DC
  52. A-24
    no poll tax
  53. A-25
    presidential disability and sucession
  54. A-26
    voting age lowered to 18
  55. A-27
    crongressional pay
  56. Preamble of the Constitution
    We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, ans secure the Blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
  57. Who wrote the final draft of the constitution?
    • the committee of Stile and arrangement was responsible for arranging the articles and clauses
    • Alexander Hamilton, William Johnson, Rufus King, James Madison, and Gouvernour Morris(preamble)
  58. explanation of : We the People of the United States
    speaks to the common man, clearly stating it was created by the people
  59. explanation of : In order to form a more perfect union
    the new constitution would be "more" perfect
  60. Explanation of : establish justice
    every citizen has the right to a fair trial and equal treatment
  61. Explanation of : insure domestic tranquility
    the Shays' Rebellion (revolt of farmers in Massachusetts) which took up arms by war and shocked the system. The framers wanted to prevent this and give powers to the federal government in hopes to keep it from happening again
  62. Explanation of : provide for the common defense
    the new nation was fearful from Britain and Spain, and an Indian attack - non one of the United States could go it alone
  63. Explanation of : promote the general welfare
    to allow every state and citizen benefit from the government
  64. Explanation of : and secure the Blessings of Liberty to ourselves and our Posterity
    the framers wanted the citizens to look forward to being free as opposed to looking out for the interests of a king
  65. Explanation of : do ordain and establish this constitution for the united states of america
    • it finishes what "we the people" are actually doing
    • gives the name of the document
    • restates the name of the nation adopting the constitution
    • "ordained" - means the higher power-the people
    • "established" reminds us that it replaces the articles
  66. Article 1
    • legislative branch
    • house and senate
    • taxes, pay debts, provide for the common defense and general welfare
    • borrow money
    • regulate commerce with foreign nations
    • establish rule of naturalization
    • coin money
    • punish counterfeiting
    • establish post offices and roads
    • promote progress of science and arts
    • constitute tribunals
    • punish piracies
    • declare war
    • raise armies, navy
    • make rules regulating land and naval forces
    • make laws, etc
  67. Article 2
    • executive branch
    • civilian power over military, cabinet, pardon power, appointments
  68. Article 3
    • judicial branch
    • trial by jury
    • original jursidiction
    • jury trials
    • treason
  69. Article 4
    • the states
    • each state to honor all others
    • state citizens, extradition
    • new states
    • republican government
  70. Article 5
    • the amendment process
    • the congress, whenever 2/3 of both houses deem necessary, shall propose amendments, on the application of the legislatures of 2/3 of several states
    • when ratified by the legislatures of 3/4 of the several states or by conventions of 3/4
  71. Article 6
    debts, supremacy, oaths
  72. Article 7
    ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution between the states so ratifying the same
  73. the supremacy clause
    • article 6 section 1 in the constitution
    • states must uphold the constitution as sumpreme law of the land
  74. "full faith and credit" clause
    • Article 6 section 1 of the contsitution
    • states must enforce and recognize the judgements of courts in any state
  75. Article 1 - what are the states NOT allowed to do
    • grant titles of nobility
    • enter treaties with foreign nations
    • levies duties on imports/exports
  76. In addition to expanding the right to due process, the 14th amendment...
    • allows states to deny former supporters of teh confederacy the right to vote or hold public office
    • details consequences if states deny male citizens over the age of 21 the right to vote
    • guarantees that any person born in the US is a citizen
  77. what is the elastic clause
    • article 1 section 8 of the consitution
    • also called the necessary and proper clause
    • the enumerated powers - congress may exercise only the powers found in the constitution
  78. what are the reserved powers in the constitution
    • under the 10th amendment
    • powers that the US does not give to the federal government or forbid to the states
  79. what are the implied powers
    • argued by Alexander Hamilton
    • the sovereign duties of a government implied the right to use means adequate to its ends
  80. What is the electoral college?
    • has electors from each state which is equal to the congressional representation of that state
    • makes it difficult for third party/independent candidates to win
    • possibility of faithless electors
    • disproportionate power to rural states
    • typically a winner takes all system - majority of the states award all of the electoral votes to the candidate who wins the popular vote
  81. era of dual federalism
    • 1789-1901
    • little collaboration between the national and state governments
  82. cooperative federalism
    • 1901-1960
    • greater collaboration, national income tax and grant-in-aid system
  83. creative federalism
    • 1960-1968
    • lyndon johnson - major departure from past
    • expansion of grant-in-aid
    • increasing use of regulations
  84. contemporary federalism
  85. federalism
    a system of government "in which sovereignty is shared(b/w two or more levels of government)so that on some matters the national government is supreme and on others the states, religions, or provincial governments are supreme
  86. 3 essential features that characterize a federal system of government
    • 1 - must be a provision for more than one level of government to act simultaneously on the same territory and the same citizens
    • 2 - each government must have its own authority and sphere of power, though they may overlap
    • 3 - neither level of government (federal or state) can abolish the other
  87. miranda v arizona
    self incrimination
  88. gideon v wainwright
    right to counsel
  89. mapp v ohio
    search warrants
  90. brown v board of education
    desegregation in schools
  91. korematsu v US
    wartime powers
  92. plessy v ferguson
    • separate but not equal
    • train car
  93. dred scott
    blacks could not be citizens
  94. McCulloch v Maryland
    national supremacy
  95. marbury v madison
    judicial review
  96. roe v wade
    citizens have a right to privacy
  97. who is considered a natural born citizen?
    • born in the US
    • born to a parent who is a US citizens