We the people Unit 4

Alien Act

Gave the president broad powers over aliens entering the country

Political parties

Groups of people who join together because they have similar views about government

What was the disagreement about the creation of the Bank of the United States?

Hamilton said a bank was needed to help collect taxes, make loans to private citizens, and issue paper money. Gold and silver coins were in short supply. Paper money would increase the amount of currency available. And advised President Washington that the necessary and proper clause gave government the power to create a bank. He argued that a bank was necessary to allow government to carry out its enumerated powers to collect taxes and regulate trade.

Tenth Amendment

Holds that the "powers not delegated to the United States by the Constitution, nor prohibited by it to the Sates, are reserved to the States respectively, or the people." Embodies the principle of federalism which reserves for the states the residue of powers not granted to the federal government or withheld from the states, and the principle of popular sovereignty, which reserves other rights to the people.

What powers do the state and federal governments share?

Powers the state and federal governments share are making their own laws, taxing the people, borrowing money, creating their own court system, and provide for the health and welfare of the people.

Confederation

States that are independent and have control of anything that affects their citizens and territory. The central government only handles those things that are of common concern. The states can withdraw from the confederation at any time. The central government acts on the states, not directly on the people. The United States under the Articles of Confederation had a confederate form of government. Switzerland is a modern example of a confederation

Judicial Review

power of the courts to decide whether laws and actions of government are allowed under the Constitution.

What are the four methods that justices might use to interpret the Constitution? What are the advantages and disadvantages of each method?

1 The plain meaning of he words in the Constitution Advantage: The court bases its decisions as closely as possible on how the Framers meant the Constitution to be interpreted Disadvantage: At the Philadelphia Convention there was disagreement about the meaning of some words. Some questions are not answered at all. 2 The intention of the Framers Advantage: The Justices should base their decisions on how the Framers would have decided. Disadvantage: It is extremely difficult, if not impossible, to figure out what the Framers intended on some issues. There were differences of opinion among the 39 Framers 3 The Constitution is based on some fundamental principles of government Advantage: Natural rights, philosophy, constitutionalism, and republican government is included. As the nation matures so does our understanding of these basic principles. Justices should make their decisions based on these basic principles and values. Disadvantage: People opposed to methods 3 and 4 say that these approaches give the justices too much freedom to decide cases according to their own political ideas and personal beliefs. The justices can simply alter the Constitution as they please. 4 Today's social values and needs Advantage: Justices should not ignore the realities of our society today. Justices, they argue should not hold back social progress by sticking to outmoded interpretations. Disadvantage: People opposed to methods 3 and 4 say that these approaches give the justices too much freedom to decide cases according to their own political ideas and personal beliefs. The justices can simply alter the Constitution as they please.

Unitary government

A central government controlling the state and local governments. The central government acts directly on the people. The power of state and local governments comes from the central government and it can be taken away at any time. As a result, the central governments much stronger and more powerful than the state and local governments. The United Kingdom, France, and Sweden are examples of unitary government.

Marbury v. Madison

A famous case that was decided in 1803.

Null and void

A law may not be enforced, considered unconstitutional and not acceptable as a law at all.

The Federalist

A series of articles for a New York newspaper supporting ratification. The Federalist was read in other states as well. Today, The Federalist remains one of the most important explanations of constitutional government ever written.

What was the disagreement about the creation of the words in the Constitution?

Alexander Hamilton wanted a strong federal government. He favored taking a broad view of the meaning of the words in the Constitution. Thomas Jefferson believed in small, local government. He favored taking a narrow view of the meaning of the words in the Constitution.

Currency

Any form of money used in a nation

What arguments did the Anti-Federalists make against ratifying the Constitution?

Arguments the Anti-Federalists make against ratifying the Constitution were the constitution giving the national government too much power at the expense of the state governments. The supremacy clause means that all the national government's laws are superior to laws made by the states. The necessary and proper clause is too general, giving too much power to the national government. The constitution gives too much power; free government requires the active participation of the people. The constitution not including a bill of rights. Small communities had republican government throughout history, but the new nation is too large and diverse.

Appellate courts

Courts that handle those cases that have been tried first in district court and have been appealed. A higher court than the a district court

Federal district courts

Courts that hear cases involving the Constitution and federal laws and appellate courts

Why is it sometimes difficult to determine the meaning of the Constitution?

It is sometimes difficult to determine the meaning of the Constitution because some statements in the Constitution are not specific to interpret.

What does it mean, "to interpret" the Constitution?

It means to decide what the words or phrases actually mean in the Constitution.

Why was Marbury v. Madison such an important case?

It was an important case because this case led Marbury not being fit to go directly to the U.S. Supreme Court. Congress didn't have the power to change the constitution when it passed that part of the Judiciary Act. So, the section of the Judiciary Act that increased the Court's power was ruled unconstitutional

How might judicial review override the will of the majority?

Judicial review can override the will of the majority by its power over the legislative and executive branches.

How does judicial review protect the rights of the people?

Judicial review protects the rights of the people by deciding whether laws and actions of government are allowed under the Constitution. And the Constitution is adopted by the people of the nation that it is the supreme law of the land and consented to be government by its rules.

Sedition Acts

Made it a crime for newspaper editors, writer, or speakers to criticize the government.

2. How did the first Congress organize the judicial branch?

Passed the Judiciary Act of 1789 that the U.S. Supreme Court was to have a chief justice and give associate justices. Over time, Congress has increased the size of the Court to nine justices. The lower courts that were authorized by the Judiciary Act included two kinds of courts- federal district courts, and appellate courts. The U.S. Supreme Court is the highest court of the nation. The federal courts, each state has its own courts to rule on state laws. 9 Supreme Court justices.

Anti-federalists

People who opposed ratifying the Constitution

Federalists

People who supported ratifying the Constitution

What powers belong to the states?

Powers that belong to the states are regulating trade within the state, establishing public schools, creating traffic and motor vehicle laws, regular marriage and divorce practices.

What powers does the Constitution delegate to the federal government?

Powers the Constitution delegate to the federal government is creating post offices, regulating interstate and foreign trade, declare and conduct war, and create a national currency.

What powers does the Constitution deny to the federal government?

Powers the Constitution deny to the federal government are tax exports, spending money in a way that is not approved by law, enacting laws that favor trade in one state over the others, exercising powers that belong in the states, and suspending the right to a writ of habeas corpus, except in national emergency, denying the right to trial by jury, enacting ex post facto laws or bills of attainder, and granting titles of nobility.

What powers does the Constitution deny to the state governments?

Powers the Constitution deny to the state governments are coin or print money, entering into treaties with other nations, tax imports or exports, keep an army or navy in time of peace, and engaging in war unless invaded or in immediate danger of being invaded denying the right to trial by jury, enacting ex post facto laws or bills of attainder, and granting titles of nobility.

What powers did the people keep for themselves?

Powers the people keep for themselves are believing what we wish, forming or joining organizations, selecting our careers and live our lives as we choose, choosing our friends, traveling where we wish to go inside or outside the country, and raise a family.

What were the Alien and Sedition Acts? Why were they passed?

The Alien act gave the president broad powers over aliens entering the country. The Sedition Act made it a crime for newspaper editors, writers, or speakers to criticize the government. They were passed to silence the freedom of the press and control over immigration.

How did the Federalists respond to the criticisms of the Constitution made by the Anti-Federalists?

The Federalists responded to the criticisms of the Constitution made by the Anti-Federalists by explaining that the national government is needed to deal with such problems, state governments would be protected, a strong executive branch is necessary if the national government is to fulfill its responsibilities. The national government cannot become a tyranny because the limits placed on government by the system of separation of powers and checks and balances will prevent it. A bill of rights is not needed because the Constitution is the ultimate protection for people's rights and the people are the ultimate sovereign. A large republic where power is divided between the national and state governments is a better solution. It is also better to organize government based on checks and balances

Judiciary Act of 1789

The U.S. Supreme Court was to have a chief justice and fice associate justices.

Opinion of the Court

The court's decision and the reasoning behind the decision.

Explain how the disagreements about how to solve the new nation's problems led to the rise of political parties.

The disagreements about how to solve the new nation's problems led to the rise of the political parties from President Washington and his advisers trying to deal with the issues, disagreements arose and led to the rise of political parties. The new nation's problems came from the disagreements of Thomas Jefferson and Alexander Hamilton. Federalists came from Hamilton and the Republicans came from Jefferson

Why was the election of 1800 important?

The election of 1800 was important because it was the first time that political parties backed candidates for president. The Federalists worked to re-elect John Adams. The Republicans supported Thomas Jefferson. Adams and Jefferson did not campaign the way it is done in modern elections. Instead the parties ran the campaign and it was a bitter one. Thomas Jefferson was chosen to be president and control of a government was transferred from one political party to another as the result of a democratic election. The political parties had changed.

The Constitution describes the organization of the executive and judicial branches only in general terms. Explain how the first Congress and the president organized the executive branch.

The first Congress and the president organized the executive branch by creating three departments: Department of State, Secretary of State is responsible for foreign relations of the nation. Department of Treasury, Guided the new government in money matters. Department of War, Secretary of War handled military affairs and defense. Attorney general gave the president legal advice. The original 4 grew to 15

Why were the Framers of the Constitution against having political parties?

The framers of the Constitution were against having political parties because the Constitution does not include rules for forming or regulating political parties

Why did the Framers oppose submitting the Constitution to the existing Congress or state governments for ratification?

The framers opposed submitting the Constitution to the existing Congress or state governments because James Madison was afraid that the Constitution would be rejected if either the Congress or the state legislatures were asked to ratify it.

The Anti-Federalists lost their battle to prevent adoption of the Constitution. Their struggle, however, permanently shaped the new Constitution. Explain how the ideas and concerns of the Anti-Federalists accomplished this. Why was this struggle important? Why is it relevant today?

The ideas and concerns of the Anti-Federalists accomplished this by adding the bill of rights to improve flaws in the Constitution. This struggle was important because the Anti-Federalists feared the Constitution giving national government being oppressive on its people. It is relevant today because our government is following the Constitution made by the Federalists and Anti-Federalists. Because of this the bill of rights was included in the constitution

How does judicial review apply to the laws passed by state governments?

The judicial review applied to the laws passed by state governments by having state governments following the nation's highest laws and treaties. If state laws conflict with those of the federal government, the U.S. Supreme Court can order that the state laws not be enforced.

Explain the major differences between a unitary form of government and a confederation.

The major differences between a unitary form of government and a confederation is that a unitary form of government has a central government controlling the state and local governments. The central government acts directly on the people. The power of state and local governments comes from the central government and it can be taken away at any time. As a result, the central governments much stronger and more powerful than the state and local governments. However, a confederation has states that are independent and have control of anything that affects their citizens and territory. The central government only handles those things that are of common concern. The states can withdraw from the confederation at any time. The central government acts on the states, not directly on the people. The United States under the Articles of Confederation had a confederate form of government.

What rights are guaranteed in the Ninth and Tenth Amendments? How do these amendments differ from the other amendments in the Bill of Rights?

The ninth amendment says that the listing of certain rights does not mean that these are the only rights the people have. The Tenth Amendment says that the powers not delegated to the federal government nor forbidden to the states belong to the states or to the people.

Federalist Party

The people who supported the views of Hamilton

Federalism

The practice of dividing and sharing the powers of government between a central government and regional governments such as state governments.

What is the president's cabinet and what does it do?...

The president's cabinet are officials are selected by the president and advise the president to decisions.

Cabinet

The president's officials as advisers to help him make decisions.

What process did the Framers select for ratifying the Constitution? How did the Preamble to the Constitution help them decide on this method?

The process the Framers selected for ratifying the Constitution is a social contract. The first words in the Preamble are "We the People... do ordain and establish this Constitution." And the people who were to be governed by the national government would consent to its creation and agree to obey its decisions

What was the purpose of the Bill of Rights? Why was it included in our Constitution?

The purpose of the Bill of Rights has 10 amendments. The first eight amendments list basic protections already guaranteed in most state constitutions. It was for the anti-federalists agreement with the federalists that the bill of rights is added to the constitution.

Explain how the ratification process provided a widespread public debate about an important political decision.

The ratification process provided a widespread public debate about and important political decision by the arguments of the federalists and the anti-federalists. And the arguments helped improve some parts of the Constitution. The public debate took place in a public forum because the Federalists and Anti-Federalists wanted the people's judgment on whether ratifying or rejecting the Constitution by publishing on newspapers.

Second Amendment

The right to keep and bear arms.

Federal system

The sovereign people decide how to delegate their authority.

Supremacy clause

This Constitution, and the Laws of the United States... shall be the supreme Law of the Land. States cannot make laws that conflict with the Constitution or laws made by Congress. Gives the courts the power to decide disagreements between the states and the federal government. It does not change the fact, however, that the Constitution limits the powers of both the federal and state governments

Ninth Amendment

This amendment states, in effect, that the Bill of Rights is only a partial listing of the rights of the people.

What was the disagreement about foreign affairs?

Thomas Jefferson wanted a close relationship with France because of their support during the American Revolution. However, Alexander Hamilton wanted a close relationship with Great Britain and still had links with people in that nation. President Washington sent United States Chief Justice John Jay to negotiate with the British. A treaty was made that the British would leave the forts in the U.S. and increase trade with the Americans. And would also stop searching American ships.

Ratify

To confirm and approve

Interpret

To decide what the words or phrases actually mean

Sovereign

To have the highest rank of authority.

What was the case of Marbury v. Madison? How did the U.S. Supreme Court decide this case?

When it was John Adams's last weeks as president he appointed a number of people to office for the next president which was Thomas Jefferson. Jefferson ordered his Secretary of State James Madison to not deliver the appointments that were left. One person who did not receive his appointment was William Marbury. Marbury believed he was entitled to have the job. He took his case to the U.S. Supreme Court. The Supreme Court ruled that Marbury did have a right to his job, but taking his case directly to the Supreme Court was unconstitutional.