Unit 3
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
The Articles of Confederation do not have a comparable Bill of Rights. Based on this information, and the text of the Bill of Rights above, which document do you think more explicitly protects the basic rights of people? Why?
The Constitution, people's basic rights are listed and protected while in the Articles of Confederation they are not even listed
How did Shays' Rebellion show some of the weaknesses of the Articles of Confederation?
The Federal government was helpless to do anything about the rebellion because it was a state matter
What was the Riot Act
The Riot Act stated that the police had the ability to arrest a person or group that was rioting and hold them in jail without charge or trial for as long as necessary.
Which system for tax collection suggests that all states are equally important to the union?
Constitution
The Articles of Confederation does not specify or establish a judicial branch. Instead, the states each establish and maintain their own courts, individually. What are the advantages of having one supreme court, as established by Article III of the Constitution, instead of having each state have its own court or legal system?
So the country is united in their decisions and states don't get into arguments over certain laws
Article 6 of the Constitution
Supremacy Clause - clearly states that national law will be supreme over state law
What provisions were included in the Articles of Confederation?
Federal Government was not allowed to control state matters or collect taxes
The one branch of government elected directly by the people is the
House of Representatives
According to Article III of the Constitution, where does the judicial power of the US lie?
In one supreme court
How is the structure of Congress different under the Articles of Confederation and the Constitution?
In the Articles of Confederation the Congress has each state choose between 2-7 members to represent them, while in the Constitution states are only allowed one representative per 30,000 citizens
The Articles of Confederation weaknesses
Lacked Executive and Judicial branches, lacked power to tax and regulate trade
Antifederalists believe that the sovereignty of the people resided in which branch of the central government?
Legislative
Article 1 of the Constitution
Legislative Branch
First Amendment
No law can prohibit the freedom of religion, speech, press, assembly and petition.
Article 5 of the Constitution
Outlines the process for amending or changing the Constitution
Article 7 of the Constitution
Outlines the process for ratification of the Constitution
Article 4 of the Constitution
Outlines the rights and expectations for all states and citizens including the adding of new states
Second Amendment
Right to bear arms
Which system for tax collection supports the idea that some states are worth more than other states?
The Articles of COnfederation says that the value will be estimated based on land, people, and improvements
Do you think the Anti-Federalists supported the Articles of Confederation or the US Constitution?
The Articles of Confederation, since it gave the states more power
Which document seems to emphasize a unified national identity?
The Constitution
What power does the Constitution give the president? What does this imply to you or tell you about his role in government?
The Constitution grants him executive power, which tells you that the President has some authority
Which process for the Amendments creates a more flexible governing structure?
The Constitution, not everyone needs to vote for the same thing so there is more chance to have what is being voted on approved
Is the following statement true or false, the US Constitution provided America with a stronger government than the Articles of Confederation
True, the Articles of Confederation were weak and are not still intact, but the Constitution has been here for many years
Among other views, The Federalist, written during the ratification debate, argued that it was
possible to extend a republican form of government over a large territory
A major strength of the Articles of Confederation was its
presentation of the ideal of a united nation
The delegates at the Constitutional Convention were concerned mainly with
protecting America from its weaknesses abroad and its excesses at home
As written documents, the state constitutions were intended to
represent a fundamental law superior to ordinary legislation
The delegates at the Constitutional Convention stipulated that the new Constitution be ratified by
state conventions
The idea that all tax measures should start in the House was made to appease
the big states with the most people
The Articles of Confederation major structure
Under the Articles, the national government consisted of a unicameral (one-house) legislature (often called the Confederation Congress); there was no national executive or judiciary. Delegates to Congress were appointed by the state legislatures, and each state had one vote.
The Great Compromise at the Constitutional Convention worked out an acceptable scheme for
apportioning congressional representation
Article 2 of the Constitution
Executive Branch
The Constitutional Convention
The meeting of state delegates in 1787 in Philadelphia called to revise the Articles of Confederation. It instead designed a new plan of government, the US Constitution.
Shay's Rebellion convinced many Americans of the need for
a stronger central government
The Constitutional Convention was called to
To revise the Articles of Confederation
Fifth Amendment
A person can't be tried for the same crime twice, and does not have to testify against him or herself
Seventh Amendment
A person in a civil case is guarenteed to a trial by jury
Tenth Amendment
Any power not given to the Federal government by the constitution is power of the State or the people
Which document seems to emphasize the individual power of states?
Articles of Confederation
The Articles of Confederation does not specify or establish an executive branch. Instead, the same powers listed in Article II of the Constitution are almost all granted to Congress (made up of representatives of the states), including command of the army and the power to make treaties. What does that suggest the Articles of Confederation values; state's rights or federal power? Why?
Articles value states rights because the powers of the President (in the Constitution) are granted to the state representatives
In Federalist Paper #51 the author says: "If men were angels, no government would be necessary." What does this tell you about how he views the nature of ordinary man? What does this imply about why government is needed?
The author views the nature of ordinary men ad naturally evil or bad. This quote implies that government is needed to keep people in "check"
Do you think that the authors of the Anti-Federalist Papers would argue that the ordinary man should be heavily involved in the government, or that an elite class of educated men should be heavily involved in the government?
The authors of the Anti-Federalist papers would argue that the ordinary man should be heavily involved in the government
Do you think the authors of the Federalist Papers would argue that ordinary man should be heavily involved in the government, or that an elite class of educated men should be heavily involved in the government?
The authors of the Federalist Papers would argue that an entire class of educated men should be heavily involved in the government
Major complaints of Shay and his followers?
They couldn't pay their taxes
Do you think that the authors of the Federalist Papers would support a strong central government with weak state governments or the opposite?
They support a strong central government with weak state governments
Do you think the authors of the Anti-Federalist Papers would support a strong central government with weak state governments or the opposite?
They support a weak central government with strong state governments
The Constitutional Convention addressed the North-South controversy over slavery through the
Three-Fifths Compromise
Under the Constitution, the president of the United States was to be elected by a majority vote of the
electoral college
Third Amendment
Government may not quarter soldiers in the house of citizens during peacetime without permission
Fourth Amendment
Government may not search or seize a person's property without a warrant
What is different about the system for collecting taxes under the Articles of Confederation as compared to the Constitution?
In the Articles of Confederation, states can choose the proportion of the tax they want to pay, while in the Constitution, Congress can choose a set tax
The delegate whose contributions to the Philadelphia Convention were so notable that he has been called the "Father of the Constitution" was
James Madison
Article 3 of the Constitution
Judicial Branch
According to the Federalist Papers, are the Bill of Rights necessary? Why or why not?
They believe that the Bill of Rights are not necessary because the government should have control over these decisions
According to the Anti-Federalist Papers, are the Bill of Rights necessary? Why or why not?
Yes, the Bill of Rights is necessary, because otherwise the government will have the ability to repress the states
The Articles of Confederation left Congress unable to
enforce a tax-collection program
Immediately after the Revolution,the new American nation's greatest strength lay in its
excellent political leadership
Sixth Amendment
A person charged with a crime has a right to a speedy trial, an impartial jury and a lawyer
Why did Shay believe the government was obligated to provide protection from debt and decline?
Because he was in the military and felt he should have had privileges
What are the advantages of a bicameral [two houses/governing bodies] structure of Congress proposed by the Constitution as opposed to the unicameral [one house/governing body] structure proposed by the Articles of Confederation?
Bicameral assures that one body of government does not possess more power than the other
How many states have to agree to any changes or amendments made to the Articles of Confederation?
Every state in the union
Eighth Amendment
No cruel and unusual punishment or excessive fees
Which event proved that the Articles of Confederation were weak?
Shay's Rebellion
What punishment did Shays and the lead rebels receive for their actions?
Shays was eventually pardoned, and anyone who admitted to being a rebel were pardoned with certain rights taken away
Ninth Amendment
The people have rights other than those mentioned in the Constitution
How do the authors of the Federalist Papers try to build an argument in support of the Constitution in these excerpts?
They use quotes from the Constitution as well as explain the how it can overcome obstacles yet to come
What does the phrase "firm league of friendship" suggest to you about the relationship that the states in the union will have with one another under the Articles of Confederation?
They will have good, working relationships
Do the authors of the Anti-Federalist papers try to build an argument against the Constitution in these excerpts?
Yes, they try to convince the people that a strong central government is bad
The Founding Fathers failed to eliminate slavery because
a fight over slavery might destroy national unity
Probably the most alarming characteristic of the new Constitution to those who opposed it was the
absence of a bill of rights
The Articles of Confederation were finally approved when
all states claiming western lands surrendered them to the national government
The "large-state plan", put forward in the Constitutional Convention
based representation in the House and Senate on population
Shay's Rebellion was provoked by
foreclosures on the mortgages of backcountry farmers