Chapter 2: The Constitution
Equal Rights Amendment
-a constitutional amendment passed by Congress in 1972 stating that "equality rights under the law shall not be denied by the U.S or any state on account of sex" -failed to acquire necessary support from 3/4 of state legislatures
constitution
-a nation's basic law that creates political institutions, assigns or divides powers in government, & often provides certain guarantees to citizens -can be written or unwritten
Explain the provisions of the three-fifths compromise.
-a slave is worth 3/5 of a person when it came to representation & taxes
What was the biggest weakness of the Articles of Confederation?
-all government power was with the states
What is Charles A. Beard's theory about the motivations of the Framers of the Constitution?
-believed the Framers tried to strengthen their own wealth
Give an example of the judicial branch's check on the President.
-can declare President's acts unconstitutional
Give an example of the judicial branch's check on Congress.
-can declare laws unconstitutional
Give an example of Congress' check on the judicial branch.
-can impeach judges
Describe the prohibition for Congress to pass a bill of attainder.
-cannot have a judicial trial
Describe the prohibition of Congress from passing ex post facto laws.
-cannot try someone for something done while it was legal
limited government
-certain restrictions should be placed on government to protect the natural rights of citizens
Federalist Papers
-collection of 85 articles written by Alexander Hamilton, John Jay, & James Madison -written under the name "Publius" to defend the Constitution in detail
Connecticut Compromise
-compromise reached at the Constitutional Convention that established 2 houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S population, and the Senate, in which each state has 2 representatives -also known as the Great Compromise
What two limits did Locke argue should be placed on government?
-consent of the governed (agree on who rulers should be) -limits the government (clear restrictions on what rulers can do)
Give an example of Congress' check on the President.
-controls budget
What limits were there on the government established by the Articles? What could the government do and, more importantly, not do?
-could maintain an army and navy -could pass the Great Lakes -couldn't tax
writ of habeas corpus
-court order requiring jailers to explain to a judge why they are holding a prisoner in custody
How did the American colonists react to these taxes?
-created protests & boycotted -ex: throwing tea into the Boston Harbor
What limit was placed on slavery in the Constitution? Did this forbid slavery itself? Why or why not?
-didn't forbid slavery -economy depended on the work of slaves -limited the importation of slaves
What is a federal system of government?
-divides the government between national & state government
U.S Constitution
-document written in 1787 & ratified in 1788 that sets forth the institutional structure of U.S government & the tasks these institutions perform -replaced the Articles of Confederation
What sort of government was established by the Articles of Confederation?
-dominated by the states
separation of powers
-feature of the Constitution that requires each of the 3 branches of government to relatively independent of the others so that one cannot control the others -powers are shared among the 3 institutions
checks and balances
-features of the Constitution that limit the government's power by requiring that power be balanced among the different governmental institutions -institutions continually constrain one another's activities
Bill of Rights
-first 10 amendments to the U.S Constitution, drafted in response to Anti-Federalist concerns -define basic liberties including freedom of religion, speech, & press -guarantee defendant's rights
Articles of Cofederation
-first constitution of the U.S adopted by Congress in 1777 & enacted in 1781 -established a national legislature & the Continental Congress -most authority rested with state legislatures
republic
-form of government in which the people select representatives to govern them and make laws
Why do you think Virginia favored the Virginia Plan?
-giving representation based on population -Virginia had a large population
consent of the governed
-government derives its authority by sanction of the people
What could happen if the government did not check or control the effects of factions?
-government thought a faction would eventually tyrannize the other
What were John Locke's central beliefs about humans and state of nature? How did Locke influence our founding fathers?
-he claimed people existed in a state of nature when there are no formal laws or government
What effect have the amendments had on the Constitution? Why is this?
-helped strengthen the government -amendments expand liberty & equality
Why is the Supreme Court case Marbury vs. Madison significant?
-helps determine if other branches are in line with the Constitution
How does the Constitution encourage stalemate? How does this lead to "gridlock"?
-if everyone is being blocked by one another's opinions, nothing will get done
Where did most authority rest?
-in the state governments
factions
-interest groups arising from the unequal distribution of property or wealth that James Madison attacked in the Federalist Paper
According to Madison, what was the most "common and durable source of factions"?
-land & wealth was causing political tension
What does tyranny of majority mean?
-majority can oppose an idea -factions can't take control of the government & use it as an advantage
What did Hobbes argue in terms of human nature?
-mans natural state was war -strong necessary ruler was needed to restrain the need for war & conflict
Describe the prohibition of suspension of the writ of habeas corpus. When can the writ of habeas corpus be suspended?
-must be told their rights
How does the Madisonion model encourage moderation and compromise and slow change?
-must have a majority vote in order to win proposals/debates
What was the purpose of separating the powers of government?
-no branch could control the other -no faction could take over a branch
What was the purpose of checks and balances?
-no branch of government would have too much power -dependent on one another
Give an example of the President's check on the judicial branch.
-nominates judges -enforces judicial opinions
Anti-Federalists
-opponents of the American Constitution at the time when the states were contemplating its adoption
judicial review
-power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S Constitution -established by John Marshall during Marbury vs. Madison
Give an example of the President's check on Congress.
-power to veto
New Jersey Plan
-proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population
Virginia Plan
-proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state's share of the U.S population
Why does the Constitution say so little about personal freedoms?
-protecting individual rights was already a major concern
The Constitution prohibits of imposition of ____________ for holding public office.
-religious qualifications
natural rights
-rights inherent in humans, not dependent on governments, which include life, liberty, & property -John Locke's government theory
In the Constitution, how did Madison try to limit the power of the majority? What element of government was originally the only one under the power of the majority? How were the rest of the elements of government insulated from public opinion?
-separation of powers is created through checks & balances
Shays' Rebellion
-series of attacks on courthouses by a small band of farmers led by Revolutionary War captain Daniel Shays to block foreclosure proceedings
Why was Shays' Rebellion significant? What did it reveal about the Articles of Confederation?
-showed elites that farmers were frustrated -proved the Articles of Confederation to be weak
Federalists
-supporters of the U.S Constitution at the time the states were contemplating its adoption
What was being organized the same year that Shays' Rebellion occurred? What connection could there be between these two events?
-the U.S Constitution -helped influence it a little more
According to Jefferson, who should have power over the government?
-the people of the nation
How did the delegates view Hobbes' ideas?
-they opposed his views
Why did the British Parliament find it necessary to pass a series of taxes in the 1760's?
-thought it was only fair to be taxed for an army if England would protect the people
How have all successful amendments been proposed and ratified?
-through Congress
What was the original purpose of the meeting in Philadelphia in 1787? How did this differ from what the delegates actually ended up doing at this meeting?
-to ratify the Articles of Confederation -formed the current Constitution
The Constitution upholds the right to _________ in criminal cases.
-trial by jury
Why do you think New Jersey favored the New Jersey Plan?
-wanted each state to be equally represented in Congress -New Jersey was a small state
How did Montesquieu influence the delegates?
-writer who thought the government needed to have branches to check one another
What are the 2 ways that an amendment can be proposed?
1. 2/3 vote of House & Senate2 2. 2/3 vote of state legislatures
What are the two ways that an amendment can be ratified?
1. 3/4 vote from legislatures 2. state governors
Who wrote in the Federalist Papers?
1. James Madison 2. Alexander Hamilton 3. John Jay
What are the 6 protections that the Constitution offers?
1. prohibits suspension of writ of habeas 2. prohibits Congress from passing a bill of attainder 3. prohibits Congress from passing ex-facto laws 4. prohibits imposition of religious qualifications for holding public office 5. defines and outlines rules of evidence for conviction of treason 6. upholds the right to trial by jury in criminal cases
How many branches of government were there?
-1 legislature
How many votes did each state get in the legislature?
-1 vote
Marbury vs. Madison
-1803 cause in which Chief Justice John Marshall & associates first asserted the right of the Supreme Court to determine the meaning of the U.S Constitution -decision established the court's power of judicial review over acts of Congress (Judiciary Act of 1789)
What branch of government was designed to be the "chief economic policymaker"? What powers does this branch have in controlling economic policy?
-Congress -could take & borrow funds
What important precedent was established in this case? What is judicial review?
-Constitution means what the judges say -Supreme Court can determine whether a law is constitutional or unconstitutional
How was the addition of the Bill of Rights a concession by the Federalists to the Anti-Federalists?
-Federalists = supported -Anti-Federalists = oppposed
Who wrote the Bill of Rights?
-James Madison
What did the Connecticut Compromise give more power to the people who live in states with small populations? How is Wyoming an example of this?
-Senate is equal & has more power -lesser population meant more voices being heard
What Supreme Court case is discussed at the beginning of the chapter? What was decided in this case?
-Texas vs. Gregory Lee Johnson -Supreme Court agreed that burning the American flag was a violation of his freedom of speech
What is unique about the U.S Constitution in relation to other Western nations?
-U.S has the youngest Constitution -U.S Constitution holds the longest standing Constitution
