Chapter 5 Unit Test: The Constitution

Federalism

Government power is divided vertically (the national government has some powers, the regional/state governments have some powers, and they both share some powers).

Executive Branch

President carry out laws

Checks and Balances

System that allows one branch to limit the others to prevent abuse of power

New Jersey Plan/ Small State Plan

William Paterson proposed a single-house congress in which each state had equal vote

19th Amendment

Women Suffrage (Prohibits the denial of the right to vote based on gender)

Limited Government

Written Constitution ("nation of laws and not of men"). Power of the government is restricted by laws. Government action should occur at the lowest level possible.

Land Ordinance of 1785

established a plan for surveying the land west of the Appalachian mountains and north of the Ohio River

Antifederalists

individuals/groups that were opposed to ratification of the constitution. These individuals wanted a weaker central government. Opposed to having a strong government because of all the possible abuses of powers, such as a fear that government would serve the interests of the privileged minority and ignore the majority. Sam Adams, Patrick Henry, Richard Henry Lee, Rural Residents, large states and strong government were opposed to ratifying the constitution. Their strong argument was that there was no Bill of Rights

Federalists

individuals/groups who supported ratification of the constitution. These individuals wanted a strong government and legislative branch. Favored the new constitution's balance of powers between the states and national government. Insisted that the division of powers and the checks and balances in the new constitution would protect Americans from the tyranny of centralized authority. Supporters of ratification of the constitution include George Washington, Alexander Hamilton. and James Madison. Also, merchants and skilled workers, and small states with weak economies

Bill of Rights

ten amendments, the first eight amendments spell out the personal liberties the states had requested, the ninth and tenth amendments impose general limits on the powers of the federal government.

3/5th Compromise

three-fifths of a state's slaves would be counted as population

Judicial Branch

Supreme Court interpret laws

Checks and Balances

System that allows one branch to limit the others power to prevent abuse of power

Federalist Papers

85 papers printed in New York newspapers to convince New Yorkers to vote for ratification of the Constitution. These papers outlines how the new government would operate. Alexander Hamilton, James Madison, and John Jay worked together to write the papers.

10th Amendment

Powers of States and People (Government can only do what the Constitution can says it can)

13th Amendment

Abolishes Slavery

26th Amendment

Changes the minimum voting age to 18

Checks and Balances- Judicial Branch

Checks on the Executive Branch: Can declare executive actions unconstitutional Checks on the Legislative Branch: Can declare acts Congress unconstitutional

Checks and Balances- Legislative Branch

Checks on the Executive Branch: Can override President's veto, confirms executive appointments, can declare war Checks on the Judicial Branch: Approves appointments of federal judges

Checks and Balances- Executive Branch

Checks on the Legislative Branch: can veto laws Checks on the Judicial Branch: Appoints federal judges

Weakness of the Articles of Confederation

Congress could not enact and collect taxes congress could not regulate interstate or foreign trade. Regardless of population, each state had only one vote in congress. Two-thrids majority- 9 out of 13 states needed to agree to pass important laws. Articles could be amended only if all states approved. There was no executive branch to enforce the laws of congress. There was no national court system to settle legal disputes. There were 13 separate states that lacked national unity.

Legislative Branch

Congress makes laws

Shay's Rebellion

Daniel Shay, a veteran of the Revolutionary War, was the de facto leader of this rebellion. It took place after the American Revolution, and before the Constitutional Convention in central and western Massachusetts. Poor farmers in Massachusetts, government of MA, and the government of the US participated in this event. Revolutionary soldiers were paid in paper money known as "continental notes". Continental notes were not accepted as payment for taxes in MA. So farmers could not pay their taxes with the notes. For five months, the farmers surrounded courthouses and kept them closed without using violence. General Henry Know, the secretary of war, declares it to be a rebellion. Almost all states refuse to contribute money to make an army to put down the rebellion. Wealthy Boston merchants finance a private army and attack and kill 3 farmers at the springfield courthouse. This rebellion caused the government to fear that other states might start the rebellion too. This showed weakness in the Articles of Confederation.

Preamble

Establish Justice- Law (both in its content and administration) must be reasonable, fair, and impartial Insure domestic Tranquility- Keeping peace and order within the country Provide for the common defense- Defend the nation from foreign enemies Promot the general Welfare- Tangible Things: Education, quality of air, quality of water, quality of food, and safe work environment. The government should be the servant of the people, not the people the servant of the government, and services the benefit all or most people Blessing of Liberty- Intangible things: "Life, Liberty, and the Pursuit of Happiness", freedom of speech, freedom of religion, freedom of the press, own and freely use property, and social mobility. The purpose of the congress is to translate the public will into public policy

Bill of Rights

First 10 amendments

Articles of Confederation

First real government of the United States, two levels: national government and regional/state government, Shared fundamental powers, state government was supreme is some matter while the national government was supreme in other matters, they called this an alliance.The Articles of Confederation gave the new national government power to declare war, make peace, and sign treaties, borrow money, set standards for coins and for weights and measures, establish a postal service and deal with Native American people.

Alexander Hamilton

Framer of the Constitution

Divisions of Power/ Federalism

Government power is divided vertically: national government has some powers- print money, declare war. Regional government has some powers- establish/maintain school, licenses. Both governments share the power to tax and burrow money

Separation of Powers

Government powers is divided horizontally (legislative branch, executive branch and judicial branch all have unique powers). Each branch's powers are clearly defined and unique. Branches Are independent and co-equal

Constitutional Convention

In May 1787, delegates from all the states except Rhode Island gathered at the Philadelphia State House, Benjamin Franklin, Alexander Hamilton and George Washington were among the 55 delegates. the delegates agreed on the need to strengthen the central government, they gave up on the idea of revising the Articles of Confederation and decided to form a new government. The biggest issue was giving fair representation to both large and small states. Roger Sherman suggested the Great Compromise, which offered a two house congress to satisfy both small and big states, each state would have equal representation in the senate, or upper house, and the size of the population of each state determined its representation in the house of representatives.

Virginia Plan/ Big State Plan

James Madison proposed a bicameral, or two house, legislature, with membership based on each state's population. the voters would elect members of the lower house, who would then elect members of the upper house. Delegates from the small states objected to Madison's plan because it gave more power to the states with large population.

22nd Amendment

Limit on Presidential Term

8th Amendment

Limits of Fines and Punishments (No Cruel or Unusual Punishment)

Article 2 and Executive Branch

President requirements: natural born citizen, be atlas 35 years old, and have lived in the United States for at least 14 years President term: Four year term, there was no limit prior to 1951, the 22nd amendment states that a president can only serve a maximum of two terms (10 years) President's primary advisors: Chief of Staff- second most powerful person in the government, limits access to the president. Secretary of the Executive Departments: Gives advice on matters relating to their departments, lead their specific departments. President's cabinet: Senior advisors, who collectively give advice. National Security Advisor: Chief advisor on national security issues. Director of the CIA: Provides intelligence

Popular Sovereignty

Principle that the authority of a government is CREATED and SUSTAINED by the consent of the people. People are the source of all political power.

3rd Amendment

Quartering Troops

1st Amendment

Religious and Political Freedom

2nd Amendment

Right to Bear Arms

6th Amendment

Right to a Speedy, Public Trial

9th Amendment

Rights of People (People have rights that are not written in the Constitution)

5th Amendment

Rights of the Accused (Right to Remain Silent)

Great Compromise

Roger Sherman suggested a plan which offered a two-house congress to satisfy both small and big states. Each state would have equal representation in the Senate, or upper house. The size of the population of each sate would determine its representation in the House of Representatives, or lower house.Voters of each state would choose members of the House. The sate legislatures would choose members of the senate. This plan pleased by houses.

4th Amendment

Search and Seizure

15th Amendment

The Right to Vote (Prohibits the denial of the right to vote based on race, color or previous condition of servitude)

7th Amendment

Trail by Jury in Civil Cases

Article 3 and the Judicial Branch

US Judicial System: 94 district courts- 300,000 cases 13 courts of appeals 1 Supreme Court- 8,000 cases are appealed, 75-100 are actually heard State Judicial System: Hundreds of court trials- 36 million cases per year Couple of Hundred intermediate appeal courts- 200,000 cases State Supreme Courts- 100,000 cases Structure: 9 members- 1 chief justice- first among equals- 8 associates

Senate

Unique Duties: Approve/reject treaties, Approve/reject Presidential appointments, Votes (by majority) to convict government officials who have been impeached Size: 100 members Term: 6 years State Delegation: Each State has two regardless of population Minimum age: 30 years old Citizenship: US citizen for at least 9 years Residency: Must be an inhabit of the state from which elected Prestige: More prestige compared to the US House of Representative

House of Representatives

Unique Duties: Initiates all revenue bills (tax), Votes to impeach government officials, Elect president in situations where there is no majority in the Electoral College Size: 435 Members Term: 2 years State Delegation: Determined by each state's population Minimum age: 25 years old Citizenship: Us Citizen for at least 7 years Residency: Must have inhabit of the State from which elected Prestige: Less prestige compared to the Senate

Ratification of the US Constitution

also know as official approval, needed at least nine states to be in agreement, federalist agreed with the constitution because of the balance of powers between the state and national government. antifederalist disagreed with the constitution because they believed in a strong central government. the federalists promised to add a bill of rights in order to get the constitution ratified

James Madison

devised the Virginia/ Big State Plan