AP Government Unit 2

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secede

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The Anti-Federalists wanted a Bill of Rights to secure protections against the... (A) national government (B) state governments (C) national and state governments (D) individual citizens (E) none of the above

(A) national government

Why was ratification required by special popularly elected ratifying conventions? (A) the Framers hoped to bring legitimacy to the claim "We the People" and the newly established government (B) this is how all Constitutions are ratified (C) the Articles of Confederation was ratified in a similar fashion (D) the state legislatures were not created yet (E) the framers wanted the common man to be very involved in all aspects of the new government

(A) the Framers hoped to bring legitimacy to the claim "We the People" and the newly established government

The Framers adopted the Electoral College method of choosing the president because... (A) they wanted to assure a wise consideration in the choice of president (B) they were afraid women would vote (C) the colonies had used that system (D) it was used successfully in the French system

(A) they wanted to assure a wise consideration in the choice of president

Who did not contribute to The Federalist Papers? (A) John Jay (B) Patrick Henry (C) Alexander Hamilton (D) James Madison (E) All contributed

(B) Patrick Henry

The right of the Senate to ratify or reject a treaty made by the president is an example of... (A) the "general welfare" clause (B) checks and balances (C) proportional representation (D) federalism

(B) checks and balances

Madison, in Federalist 10, supports large heterogenous populations because he believes... (A) was fearful of the divisive role religion may play in society (B) it would offer the best protection against factions (C) uniform, homogenous communities would be best for the states (D) it will be needed to support a large army for national defense (E) an independent judiciary would be too strong

(B) it would offer the best protection against factions

The Federalists defended the proposed Constitution because it would (A) be easy to amend (B) rely on separation of powers and checks and balances (C) provide for a highly educated people (D) allow all adult males the right to vote (E) they would make more money in the long run

(B) rely on separation of powers and checks and balances

Why did the Federalists fell it necessary to argue that they were creating a "new science of politics?" (A) it was a catchy political buzz phrase (B) to counter the Anti-Federalists historical examples that a large republic would fail (C) to justify the exclusion of a Bill of Rights (D) they were influenced by Enlightenment philosophers like Locke (E) the Anti-Federalists were atheists who valued scientific thought

(B) to counter the Anti-Federalists historical examples that a large republic would fail

All of the following were fears of the Anti-Federalists EXCEPT: (A) a national judiciary (B) presidential pardons (C) "commerce" clause (D) "necessary and proper" clause (E) no bill of rights

(C) "commerce" clause

According to the supremacy clause of the US Constitution, "supreme law of the land" refers to... (A) acts of the president (B) decisions of the Supreme Court (C) the Constitution, laws enacted by Congress (D) laws passed by state legislatures

(C) the Constitution, laws enacted by Congress

Compared to Federalists, Anti-Federalists tended to favor a (A) strong national government as a protection against political privilege (B) strong national government for purposes of taxation (C) weak decentralized government as a protection of liberty (D) weak decentralized government as a protection against social inequality - differences in wealth (E) strong executives

(C) weak decentralized government as a protection of liberty

Article IV, Section 4, strongly defended by Edmund Randolph, guaranteed the national government supremacy over which matter? (A) let the national government dictate the "times, places, and manners" for elections (B) allowed the national government to pick and choose which states to protect in the event of an invasion (C) established the Northwest Ordinance (D) each state would be guaranteed "a Republican Form of Government"

(D) each state would be guaranteed "a Republican Form of Government"

Why did the Anti-Federalists oppose the new Constitution? (A) they wanted to create a stronger executive to check the powerful legislative branch (B) they wanted to reestablish the government under British rule (C) to resurrect the teachings of Brutus (D) they believed the national government should be stronger than the states (E) they feared it would impose uniform rule over a heterogenous population

(E) they feared it would impose uniform rule over a heterogenous population

All of the following were true of the government under the Articles of Confederation EXCEPT: (a) Larger states had more votes in the national legislature. (b) Amendment required the support of all thirteen states. (c) The national government could not regulate commerce. (d) There was no judicial branch. (e) There was no executive branch.

(a) Larger states had more votes in the national legislature. There was popular representation, but each state only received one vote.

The existence of two governments, national and state, each given a certain amount of authority, is known as... (a) a federal system (b) unitary system (c) a republic (d) devolution (e) constitutionalism

(a) a federal system

The failure of the New Jersey Plan ended the idea of keeping a (a) unicameral legislature (b) strong executive (c) proportional representation (d) bicameral legislature (e) state of New Jersey

(a) unicameral legislature

Not only did the Three-Fifths Compromise solve the problem of representation, it also settled this issue? (a) establishing a sound labor force (b) computing the amount of taxes each state would owe (c) the regulation of relations between master and slave (d) gave mathematicians a job in the government (e) none of the above

(b) computing the amount of taxes each state would owe

All of the following are rules the Framers created to establish civil discourse at the Constitutional Convention EXCEPT: (a) committees could be appointed as necessary (b) members were denied the right to send correspondence to their families (c) the proceedings had to remain secret (d) delegates from seven states had to be present for the convention to do business (e) delegates needed permission to be absent if their absence left their state with no representation

(b) members were denied the right to send correspondence to their families

Congress represents both the people and the states by (a) gerrymandering electoral districts (b) proportional representation in the House and equal state representation in the Senate (c) requiring consensus on all bills approved by the House and Senate (d) having the power to override presidential vetoes (e) equal state representation in the House and proportional representation in the House

(b) proportional representation in the House and equal state representation in the Senate

How many delegates attended the Constitutional Convention? (a) 43 (b) 61 (c) 55 (d) 75 (e) 103

(c) 55

The efforts of farmers in Massachusetts to prevent courts from selling their property finally made the states realize the Articles needed to be amended after this event... (a) Whiskey Rebellion (b) Lexington and Concord (c) Shays Rebellion (d) Boston Massacre (e) the death of Hamilton by Aaron Burr

(c) Shays Rebellion

What is considered the greatest achievement of the government acting under the Articles of Confederation? (a) the Louisiana Purchase (b) the Treaty of Paris (c) passage of the Northwest Ordinance (d) the expulsion of Native Americans from Georgia (e) the admittance of Maine as a state

(c) passage of the Northwest Ordinance

The US Constitution contained no bill of rights because, among other things (a) special-interest groups forced the changes after the document was ratified (b) Hamilton and Madison opposed the addition of such (c) the Framers thought they were creating a government with specific, limited powers (d) the US Constitution was ratified before a bill of rights was deemed necessary (e) the Founders ran out of ink

(c) the Framers thought they were creating a government with specific, limited powers

All of the following are considered weaknesses of the Articles of Confederation EXCEPT: (a) Congress could not force state government to honor foreign treaties (b) Congress could not make laws regulating the behavior of citizens (c) the President had ambiguous formal powers (d) the national government had no authority to regulate interstate trade (e) Congress did not have the ability to tax the populous

(c) the President had ambiguous formal powers

The New Jersey Plan was a reaction by some states primarily to the fear that: (a) the weak central government devised by the Virginia Plan would grant too much power to rural states. (b) the strong central government devised by the Virginia Plan would grant too much power to small states. (c) the Virginia Plan gave too much power to populous states. (d) Hamilton's suggestions about the Executive branch would be accepted by the Convention. (e) New Jersey would be the first state invaded by the British.

(c) the Virginia Plan gave too much power to populous states.

All of the following are true of the Great Compromise EXCEPT: (a) the House should be elected by the people on the basis of proportional representation (b) all revenue bills should begin in the House (c) Roger Sherman played a prominent role in its creation (d) each state should have two senators elected by the people (e) the states would be equally represented in the Senate

(d) each state should have two senators elected by the people

The Virginia Plan wanted representation in the House and Senate to be based on the population of a state. This is known as... (a) progressive representation (b) vertical representation (c) equal representation (d) proportional representation (e) horizontal representation

(d) proportional representation

The intended purpose of the Constitutional Convention of 1787 was to (a) prepare for a second Revolution. (b) prepare a new constitution. (c) adopt a common state constitution. (d) revise the Articles of Confederation. (e) reunite the Founding Fathers for a reunion.

(d) revise the Articles of Confederation

Which of the following was necessary to amend the Articles of Confederation? (a) the Confederation could not be amended (b) four-fifths of Congress had to approve (c) three-fourths of the states had to ratify the amendment (d) the amendment was voted on by the people (e) all the states had to ratify the amendment

(e) all the states had to ratify the amendment

(McCulloch v. Maryland) What are the advantages for the federal government of establishing a national bank?

-coin money -store government funds -levy and collect taxes

Who attended the Philadelphia Convention?

55 delegates who were appointed by their state legislatures to represent their states at the Convention George Washington, James Madison, Benjamin Franklin, Alexander Hamilton, James Wilson, Gouveneur Morris, Edmund Randolph, Roger Sherman

Why and how were the Articles of Confederation created?

Americans needed a way to manage economic and political relationships among the states, resolve disputes, and conduct relations with the rest of the world -the answer was the Articles of Confederation On June 7, 1776, Richard Henry Lee introduced resolutions to the Second Continental Congress that led to the Declaration of Independence and Articles of Confederation

How does impeachment divide/share powers?

Article I gives Congress the power to impeach the president, members of the executive branch, and federal judges and to remove them from office if they are found guilty of treason, bribery, or other high crimes and misdemeanors only the House of Representatives can bring the charges the Senate holds a trial to determine the official's guilt or innocence if convicted by 2/3 of the Senate, the official is removed from office

What limits did the delegates place on state governments?

Article I, Section 10 prohibits states from: -coining their own money -passing laws that enable people to violate contracts -making ex post facto laws or bills of attainder -entering into treaties with foreign nations or declaring war -granting titles of nobility -laying taxes on imports or exports, except as necessary to pay for inspections -keeping troops or ships of war in times of peace Article IV prohibits states from: -unfairly discriminating from citizens of other states -refusing to return fugitives from justice to the states from which they have fled

Public officials enjoy which of the following protections... A) they can not be arrested for committing a felony while in attendance of Congress B) Congress can not impose a religious test on people who hold national office C) they can raise their salary while in office D) their free speech is protected outside the halls of Congress E) bullet-proof automobiles

B) Congress can not impose a religious test on people who hold national office

A punishment ordered by a legislature instead of a court is known as... A) an ex post facto law B) a bill of attainder C) in loco parentis D) stare decisis E) et tu brutus

B) a bill of attainder

All of the following powers are shared among two or more of the branches EXCEPT: A) war-making B) legislative C) judicial review D) treaty-making

C) judicial review

How is the number of electors in the Electoral College for each state determined? A) based on overall population B) the size of the state C) the number of representatives and senators combined D) the Three-Fifths Compromise E) the amount of taxes contributed to the federal treasury

C) the number of representatives and senators combined

enumerated powers

powers specifically listed

shared powers

powers that are not completely separated between branches of government but are shared among them

The powers listed to the national government in the Constitution are known as... A) separated powers B) super powers C) reserved powers D) enumerated powers E) listed powers

D) enumerated powers

What were the limitations of the Articles of Confederation?

Congress had no power to tax -Congress could only request that state governments pay certain amounts to support the costs of the national government Congress could make agreements with foreign nations, but it had no power to force state governments to honor these agreements. -some citizens imported goods from other nations and then refused to pay for them -when Great Britain recognized Congress' weakness in controlling foreign trade, it closed the West Indies to American commerce Congress had no power to make laws regulating trade among the states. -some states levied taxes on goods passing through them to other states Congress had no power to make laws directly regulating the behavior of citizens. -citizens could be governed only by their state governments

deliberative body

Congress should thoroughly debate issues and avoid making hasty decisions

All of the following are concurrent powers between federal and state governments EXCEPT: A) protect rights B) punish law breakers C) levy taxes D) coin money E) all of the above

D) coin money

What does it mean that the framers intended Congress to be a deliberative body? A) it should represent the will of the majority B) it should deliberately pass laws in both houses C) should avoid using the "necessary and proper" clause D) it should thoroughly debate issues and avoid making hasty decisions E) they did not intend Congress to be a deliberative

D) it should thoroughly debate issues and avoid making hasty decisions

In the Electoral College system, who is responsible for establishing the methods of choosing the electors of each state? A) Congress B) political parties C) popularly elected conventions D) state legislatures E) the people

D) state legislatures

How should presidents be selected?

Electoral College the Electoral College would be organized once every 4 years to select a president; after the election the college would be dissolved each state would select members of the Electoral College, called electors, "in such manner as the legislature thereof may direct" each state would have the same number of electors as it had senators and representatives in Congress each elector would vote for two people, at least one of whom had to be a resident of a state other than the elector's state the person who received the highest number of votes, if it was a majority of the electors, would become president if the top two candidates received the same number of votes or if no received a majority vote, then the House of Representatives would select the president by a majority vote, with each state having only one vote

What happened in the case of Gibbons v. Ogden? What was the ruling?

Ogden had a monopoly license. Gibbons had a federal license. sued to see who had legitimacy. John Roberts ruled that the federal license was the only legitimate one.

What was Shays' Rebellion and how did it result in support for change?

Shays and a group of Massachusetts farmers tried to capture the Springfield, MA arsenal made people realize their national government was weak

What important Founders did not attend the Convention?

Thomas Jefferson was in Paris as US minister to France John Adams was serving as US ambassador to Great Britain Patrick Henry refused to attend the convention John Hancock, Samuel Adams, Richard Henry Lee Rhode Island refused to send delegates because it did not want a stronger national government

confederation

a form of political organization in which sovereign states delegate power to a central government for specified purposes

bill of rights

a list of rights upon which the government could not infringe

bill of attainder

a punishment ordered by a legislature rather than by a court a law that declares a person guilty of a crime and decrees a punishment without a judicial trial

civil discourse

a reasoned discussion in which every member has the opportunity to speak on any question

How does war divide/share powers?

although the president is commander in chief of the armed forces, only Congress has the power to declare war Congress also controls the money necessary to wage a war therefore the power to declare and wage war is also shared

fiscal federalism

an elaborate assortment of federal grants-in-aid to the states and localities

project grants

awarded on the basis of competitive applications

How did the ratification succeed?

by June 1788 nine states had voted to ratify the Constitution, but neither NY nor VA had ratified -both had large populations, were wealthy states, and each occupied a key geographical position when the first Congress was held, Federalists would support adding a bill of rights to the Constitution North Carolina and Rhode Island were the last to approve the Constitution -North Carolina ratified after the Bill of Rights -Rhode Island was forced to ratify when its largest city, Providence, threatened to leave the state to join the union and after the United States' first president, George Washington, inaugurated slightly more than a year earlier, had threatened Rhode Island with commercial restrictions as if the state were a foreign country

ex post facto law

changes the legality of an act after it has occurred

separated powers

checks and balances

What were the Federalists' central arguments?

civic virtue can no longer be relied on as the sole support of a government that can protect people's rights and promote their welfare -throughout history the greatest dangers to the common good and the natural rights of citizens in republics had been from the pursuit of selfish interests by groups of citizens who ignored the common good -recent experiences with their state governments had led a number of people to doubt that they could rely on civic virtue to promote the common good and to protect the rights of individuals -the national government created by the Constitution does not rely solely on civic virtue to protect rights and promote the common welfare it is unrealistic to expect people in a large and diverse nation, to sacrifice their own interests for the benefit of others so many interests and factions would be represented in the national government that it would be unlikely that any one of them would dominate the way the Constitution organizes the government, including the separation of the powers and checks and balances, is the best way to promote the goals of republicanism -the rights and welfare of all are protected by the complicated system of representation, separation of powers, checks and balances, and federalism that the Constitution created the method of electing senators and presidents would increase the probability that these officials would possess qualities required for good government this complicated system would make it impossible for any individual or faction to take control of the government to serve its own interests at the expense of the common good or the rights of individuals -the best way to prevent a bad law from being passed was to prevent a law from being passed at all the representation of different interests in the government will protect basic rights -the branches of the national government, the power that the Constitution distributes to each, and the interests each is supposed to represent are as follows: legislative branch - the House of Representatives protects the people's local interests because representatives are chosen from small congressional districts; the Senate protects the people's state interests because senators are elected by state legislatures executive branch - the president safeguards the national interests because electors choose him from among leaders who have achieved national prominence judicial branch - the Supreme Court ensures good judgment in the national government because it is independent of political manipulation and therefore responsible only to the Constitution the Constitution allowed the national government to exercise only enumerated powers

(McCulloch v. Maryland) Why would states feel threatened by a national bank?

competed with their own banks

What rules did the delegates adopt for the Convention?

delegates from at least seven states had to be present for the convention to do business each day if a delegate's absence would leave a state without representation, then he had to get permission to be absent when rising to speak, a delegate had to address the president -all other delegates had to be respectful a member was not allowed to speak more than twice on the same question committees could be appointed as necessary any decision made by the convention was subject to reconsideration and change the convention's proceedings were to remain secret at 4 critical points the delegates appointed committees to suggest solutions to difficult issues: -a committee to resolve the problem of representation in Congress -a Committee of Detail to write a draft constitution, including provisions for the executive and judicial branches -a Committee on Postponed Matters to deal with issues such as how to elect the national president -a Committee on Style to prepare the final language

formula grants

distributed according to a formula

(Gibbons v. Ogden) Why is this one of the most important cases in constitutional history?

established the power of the commerce clause and national government

fiscal federalism (def)

federal funds appropriated by Congress for distribution to state and local governments serve as an instrument through which the national government both aids and influences states and localities

block grants

given more or less automatically to states or communities, which then have discretion within broad areas in deciding how to spend the money

privileges and immunities

goal is to prohibit states from discriminating against citizens of other states the Supreme Court has never clarified just which privileges a state must make available to all Americans and which privileges can be limited to its own citizens

Where and how did Americans debate the proposed Constitution?

heated debate erupted in the populous states of NY, MA, PA, and VA on both sides writers believed in the use of reasoned discourse to educate the citizenry ordinary Americans read and discussed the arguments in their homes, in coffeehouses and taverns, and in public meetings

(McCulloch v. Maryland) What larger principles were at stake in this case?

helped establish both the legitimacy of the elastic clause and the power of the national government

How did the Federalists respond to the Anti-Federalists' fears about a large republic?

in Federalist 10, Madison turned classical republican arguments upside down -faction (any group, majority or minority, within a society that promoted its own self-interest at the expense of the common good) posed the greatest danger to governments of the people -if a faction consisted of a minority, a democracy worked well because the majority could outvote the faction -but if the faction consisted of a majority, then the risk of majority tyranny arose democracy would fail the common good a republic, in which citizens elected representatives to tend to the people's business, might work better -however, in a small homogenous republic - the type of society that classical republicanism prescribed - majority tyranny also could arise because people were relatively similar in occupations, habits, and manners, there would probably be no more than two sets of ideas on any question if those opposed to the common good commanded a majority and the representatives simply reflected their constituents' views, then the outcome would still defeat the common good and the people's rights Madison next explained the benefits of a large, diverse republic -such a nation was likely to have so many different factions that none would be able to command a majority -in a large nation there were likely to be more "fit characters" for leadership - more eminent citizens able to see the common good -good representatives "enlarged" or "refined" the public's views by filtering out ideas that were based solely on self-interest

What was the Virginia Plan?

it proposed a strong national government the national government would have 3 branches: legislative, executive, and judicial Congress would be bicameral the number of representatives from each state in both the House and the Senate would be based on the size of the population or on the amount of its contribution to the federal treasury Congress would have power to make all laws that individual states were not able to make Congress would have power to strike down state laws that it considered to be in violation of the national constitution or the national interest Congress would have power to call forth the armed forces of the nation against a state, if necessary, to enforce the laws passed by Congress

What did the delegate think about judicial power, and what questions did organizing the judicial branch?

judges should be appointed by the president and confirmed by the Senate all criminal trials should be trial by jury judges should be independent of politics -they would use their best judgment to decide cases free from political pressures judges should hold office "during good behavior" -this meant that they would not be removed from office unless they were impeached and convicted of "treason, bribery, or other high crimes and misdemeanors" the judiciary was given the power to decide conflicts between state governments and to decide conflicts that involved the national government

What did the delegates think about the balance of power among branches of government?

many Americans thought that an imbalance of power among different branches of government led to tyranny weak executives were unable to check the powers of the state legislatures

How did slavery affect the distribution of national and state powers?

many delegates argued that slavery was fundamentally a state institution Article IV, Section 8 provides that if a person "held to service or labor" in one state escaped into another, he or she had to be delivered back to the person who claimed him or her -"fugitive slave clause" the Constitution provided that the national government would not interfere with the importation of slaves to the US earlier than 1808

What was the Great Compromise?

proposed by Roger Sherman and Olivier Ellsworth the House of Representatives should be elected by the people on the basis of proportional representation there should be equal representation of each state in the Senate, each state legislature should select two senators the House should have the power to develop all bills for taxation and government spending -the Senate should be limited to accepting or rejecting these bills -this provision later was changed to permit the Senate to amend tax bills developed in the House and to develop appropriations bills the small states received equal representation in the Senate

What was the New Jersey Plan?

proposed keeping the framework of the Articles of Confederation Congress would have only one house, as in the Confederation, and it would be given the following increased powers: -power to levy import duties and a stamp tax to raise money for its operations, together with power to collect money from the states if they refused to pay -power to regulate trade among the states and with other nations -power to make laws and treaties the supreme law of the land so that no state could make laws that were contrary to them an executive branch would be made up of several persons appointed by Congress -they would have the power to administer national laws, appoint other executive officials, and direct military operations a supreme court would be appointed by the officials of the executive branch -it would have the power to decide cases involving treaties, trade amount the states or with other nations, and collection of taxes it was supported by CT, DE, NJ, and NY, and half of MD

What issues did the Philadelphia Convention leave unaddressed?

questions of citizenship were implicitly left to each state because the delegates could not agree on the answers each state had its own laws about who could vote

What are some of the ways the cooperative federalism works?

shared costs -cities and states can receive federal money for airport construction, sewage treatment plans, youth programs, and many other programs, but only they pay part of the bill federal guidelines -most federal grants to states and cities come with strings attached shared administration -state and local officials implement federal policies, but they have administrative powers of their own

What attempts were made to solve the problems of the Articles of Confederation?

some members of Congress and other Founders sought to amend the Articles of Confederation to give Congress greater powers of enforcement and taxation Federalist leaders (by 1783) began to look outside the existing Congress for support for solutions to the weaknesses in the Articles of Confederation a number of prominent leaders suggested holding a meeting of representatives of all the states

extradition

states are required to return a person charged with a crime in another state to that state for trial or imprisonment a law breaker cannot avoid punishment by simply escaping to another state

Full Faith and Credit

states must respect the public acts, records, and civil judicial proceedings of every other state because courts can enforce contracts between business forms across state boundaries, firms incorporated in one state can do business in another

proportional representation

states with larger populations would have more representation in legislature than would states with smaller populations

Federalists

supports of the Constitution

tariffs

taxes on imports of manufactured goods

How did the Articles of Confederation address the fear of a strong central government?

the American people believed the British government had deprived them of their rights the solution to the problem was to create a "firm league of friendship," not a strong central government the Articles of Confederation left most of the powers of government with the states

How does judicial review divide/share powers?

the Constitution does not specify that the Supreme Court can decide whether acts of Congress are constitutional however, many of the Framers assumed that the judicial branch would have this power because the judiciary of many states already played this role

How did the Anti-Federalists' philosophy shape their objections to the Constitution?

the Constitution gives Congress the power to make any laws that Congress believes "necessary and proper" to carry out its responsibilities -there is no adequate limitation on its powers -Congress could grant monopolies in trade and commerce, create new crimes, inflict severe or unusual punishments, and extend its power as far as it wants -the powers of the state legislatures and the liberties of the people could be taken from them the president of the United States has the unlimited power to grant pardons for crimes, including treason -he could use this power to protect people whom he has secretly encouraged to commit crimes, keep them from being punished, and thereby prevent the discovery of his own crimes the national courts have so much power that they can destroy the judicial branches of the state governments -if this were to happen and the only courts available were national courts, most people would not be able to afford to have their cases heard because they would need to travel a great distance -rich people would have an advantage that would enable them to oppress and ruin the poor

How could checks and balances be turned against the people's liberties?

the Constitution says that treaties are the supreme law of the land -treaties can be made by the president with the approval of the Senate, giving the Senate an exclusive legislative power in this area -this means that the Senate can act without the approval of the House of Representatives, the only branch of the legislature that is directly answerable to the people the powers of the executive and legislative branches are more mixed than separated -rather than check each other, the president and Congress could collude to enact legislation, make war, or pass taxes that would undermine state and local governments

What did the delegates think about executive power, and what questions did organizing the executive branch raise?

the Framers wanted to give the executive branch of the new government enough power and independence to fulfill its responsibilities -needed "energy" - the capacity to act quickly when necessary for the common defense, to preserve the public peace, and in international relations many Framers agreed that there should be a single executive to avoid conflict between two or more leaders of equal power the Committee on Postponed Matters made the term of president 4 years the Constitution originally set no limit on the number of times a president could be reelected

What were the achievements of the national government under the Articles of Confederation?

the Revolutionary War was conducted under this government secured recognition of American independence by European governments Congress created executive departments to administer finance, foreign relations, and military affairs Congress created admiralty courts to hear appeals from state courts the Northwest Ordinance of 1787 defined the Northwest territory and created a plan for its government

What were the disagreements about representation?

the bicameral legislature idea was not controversial James Madison, among others, believed that the number of members in both houses should be based on the number of people they would represent equal representation was argued for by other delegates if the national legislature had two chambers, then at least one should be based on proportional representation

What powers did the national government have over state governments and the people?

the delegates all agreed that they had to create a national government with more power than Congress had under the Articles Article I, Section 4 -grants state legislatures the power to decide the "times, places, and manner" of holding elections for senators and representatives but also grants Congress the power to make or change such regulations at any time Article I, Section 8 -gives Congress the power to set a procedure for calling the militia into national service "to execute the Laws of the Union, suppress Insurrections, and repel Invasions" Article IV, Section 3 -gives Congress the power to create new states Article IV, Section 4 -gives the national government the authority to guarantee to each state "a Republican Form of Government" -also requires the national government to protect the states from invasion or domestic violence Article IV, Section 2 -also known as the supremacy clause -makes the Constitution and all laws and treaties approved by Congress in exercising its enumerated powers the supreme law of the land -it also says that judges in state courts must follow the Constitution, or federal laws and treaties, if there is a conflict with state laws

What did the delegates think about legislative power, and what questions did organizing the legislative branch raise?

the delegates stipulated that members of Congress are not permitted to hold another national office while serving in the House or Senate

federal system

the existence of two governments, national and state, each given a certain amount of authority

What happened in the case of McCulloch v. Maryland? What was the ruling?

the first Bank of the United States was established. Maryland attempted to tax this bank. John Roberts ruled that Maryland did not have the authority to levy the tax, because doing so interfered with the workings of the federal government.

What were the key elements of the Anti-Federalists' opposition?

the greatest governing power in a republic should be placed in a legislature composed of representatives elected by the people representative government could work only in a small community of citizens with similar interests and beliefs people living in small, agrarian communities are more likely to possess the civic virtue required of republican citizens

categorical grants

the main source of federal aid to state and local governments can be used only for specific purposes of state and local spending

dual federalism

the national government and the states remain supreme within their own spheres the national government is responsible for some policies, the states for others the powers and policy assignments of the two layers of government are distinct, as in a layer of cake proponents of dual federalism generally believe that the powers of the national government should be interpreted narrowly

cooperative federalism

the national government and the states share powers and policy assignments

What limits did the delegates place on the national government?

the national government may not suspend the writ of habeas corpus, "unless when in Cases of Rebellion or Invasion the public Safety may require it" the national government may not pass ex post facto laws and bills of attainder the national government may not suspend the right to trial by jury in criminal cases the Constitution also offers protection from the accusation of treason by defining this crime specifically and narrowly -Congress cannot modify this definition -it can be changed only by a constitutional amendment members of Congress cannot be arrested "during Attendance at the Session of their respective Houses," unless they commit "Treason, Felony, and Breach of the Peace" -their speech or debate in the halls of Congress also is protected Congress cannot impose a religious test on people who hold national office -this means that people cannot be required to express certain religious beliefs as a qualification for holding office if members of the executive or judicial branches are accused of misconduct in office, then the impeachment clauses protect their right to a fair trial the national government cannot take money from the treasury without an appropriation law, nor can it grant titles of nobility

What were the most common arguments of the Anti-Federalists?

the organization of the national government does not adequately protect rights -only the House of Representatives is chosen directly by the people -the national government is too far removed from average citizens to understand or reflect their concerns -the national government's power could be used to violate citizens' rights the national government's powers are so general and vague as to be almost unlimited -the necessary and proper and general welfare clauses seem particularly dangerous there is nothing in the Constitution to keep the national government from violating all the rights that it does not explicitly protect -there is no mention, for example, of freedom of religion, speech, press, or assembly -these are omitted from the Constitution -the Anti-Federalists reasoned the national government is free to violate them state constitutions contain bills of rights -if people need protection from their relatively weak state governments, then they certainly need protection from a vastly more powerful national government a bill of rights is necessary to remind the people of the principles of our political system -as the Anti-Federalist writer Federal Farmer put it in Federal Farmer 16, there is a necessity of "constantly keeping in view... the particular principles on which our freedom must always depend"

Why was a ratification process required?

the people who were governed by the new national government were asked to consent to its creation -social contract theory when the states wrote new state constitutions during and after the Revolutionary War, they were submitted to the people for ratification, rather than to the existing state legislatures

How do appointments divide/share powers?

the power to appoint executive branch officials and federal judges is shared with Congress the president has the power to nominate persons to fill empty positions, but the Senate has the power to approve or disapprove the persons nominated

How do treaties divide/share powers?

the president has the power to negotiate a treaty with another nation, but the treaty must be approved by a 2/3 vote of the Senate

How does the veto divide/share powers?

the president shares in the legislative power through the veto although the president can veto a bill passed by Congress, the bill can still become a law if 2/3 of both houses of Congress vote to override the veto

devolution

the transferring of responsibility for policies from the federal government to state and local governments

What strategies did Federalists use in the struggle for ratification?

they believed that if the state conventions acted quickly, then the Anti-Federalists would have little time to oppose ratification The Federalist was used in contentious Virginia ratification debates and was an important source of information about the conflict over the Constitution, was not intended to be objective, and its purpose was to rebut the Anti-Federalist arguments and to convince people to support ratification -presented the Constitution as a well-organized, agreed-on plan for national government -did not stress the conflicts and compromises that had taken place during its development -argued that the Constitution reflected a "new science of politics" that made the Anti-Federalist critique obsolete

Anti-Federalists

those who object to the Constitution

How did the Articles of Confederation address the fear that some states would dominate others in the central government?

three issues aligned groups of states against one another: -representation and voting in Congress (more populous v. less populous) -appointment of war expenses among the states (large slave pop. v. small slave pop.) -territorial claims in the west the following solutions to their problems emerged: -Article V gave each state one vote regardless of its population -Article VIII created a formula for requesting funds that was not based on population, free or enslaved

crossover sanctions

using federal dollars in one program to influence state and local policy in another

crosscutting requirement

when a condition on one federal grant is extended to all activities supported by federal funds, regardless of their source


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