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American Studies:

Terms in this set (82)

Federalists
believed in a strong national government
federal government more is more important than states rights
Federalists 10
Madison, Jay, Adams
well-constructed union would break and control the violence of factions
effects of the faction could be better controlled in a large society under a more central form of government than the proposed constitution would check the power of factions by balancing one against the other
Antifederalist
believed that states should have more power, national government less important
Strict construction
(democratic-republicans)
the people interpreting the constitution thought that the government should only have powers that were explictily stated in the constitution
Loose construction
(federalists)
the people interpreting the constution loosely said that the government had "implied" powers, that weren't necessarily written in the constitution.
stronger national government with more power
Northwest Ordinance
(written during the time of the Articles of Confederation)
ceded all unsettled land to the federal government
created the northwest territory
5 new states north of the Ohio River
slavery prohibited in new states
ensures that states don't inquire more land for themselves
federal government taking charge of new land
blue print for expansion
prioritized education
religious freedom
seek relief from unlawful imprisonment
EQUAL to all other official states
Mason Dixon Line(separates North from South)
Articles of Confederation(1777 ratified(passed) in 1781)
Economy, Leadership, Legislative
distinctive states with a friendly vibe with the other states, federal government would only handle national debt and foreign policy
PROBLEMS:
had trouble passing laws since 9 out of 13 states had to agree
no president or executive branch, no way to make sure that the laws passed by Congress were implemented
no courts to interpret laws or to judge those that broke them
The Annapolis Convention
a meeting of 12 delegates from five states(NJ, NY, Penn., Delaware, and Virginia) that called for a constitutional convention
Constitutional Convention(1787)
*happened since the Articles of Confederation were bad
*proposed Virginia Plan, NJ Plan, Connecticut Compromise
*brainstorm new ways to run America
Virginia Plan
proportional representation, larger population= more votes, separation of powers
good for LARGE states
NJ Plan
every state has equal representation
every state has one vote
good for SMALL states
Connecticut Compromise
Formation of Senate and House of Representatives-
*new politicians in bad ones out
*COMBINATION of NJ and Virginia Plans
separation of powers
the central government is divided into legislative, executive, and judicial branches, and to most effectively promote liberty, these three powers must be separate and acting independently. Each branch is meant to insure that the other ones are upholding the law
loved it, wanted even more central gov.
what was the federalist's reaction to the constitution?
hated it, wanted states to have more power
what was the anti-federalists reaction to the constitution?
Three-Fifths Compromise
Every 5 slaves were counted as 3 in the representational vote
came to be b/c the conflict between slave states and non slave states
"Not so great compromise"
DEMEANING/HORRIFYING
the north doesn't want the south to have more sway
the south doesn't want to pay more taxes
Bill of Rights
first 10 amendments to the constitution that illustrated the rights of the individual people
antifederalists thought it was necessary, federalists thought it was unnecessary and limited the rights of the people
about the POWER given to the people
Civil Liberties
personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation without due process. These liberties are laid out in the first amendment
Legislative Branch
(CONGRESS)
ART. 1
responsible for creating laws of the country nd controlling/budgeting the money necessary to operate the government
Bicameral Legislature
*2 chambered system
*proportional (house of rep.) vs. equal rep.(senate)
Executive Branch
PRESIDENT
ART 2
responsible for implementing and administering the policy created and funded by the legislative branch, has veto power over laws/bills passed by congress
Judicial Branch
SUPREME COURT
ART 3
responsible for interpreting the constitution it's laws and applying the interpretations to cases brought before the court(after Marbury v. Madison able to declare congressional law unconstitutional)
supreme court and lower court systems
democracy
people vote on policy directly
republic
those who can vote elect representatives to represent them in the federal government
sovereign
supreme power or authority
Electoral College
a process established it in the constitution as a compromise between election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens, takes population of state into account and gives the majority vote of the state the states electoral votes REP. VOTeD IN BY THE PPL WHO SUBMIT VOTES FOR THE PRES. ON BEHALF OF THE PPL
Elastic Clause
Art 1, Sect. 8, prgh 18
*the congress has the right and ability to stretch laws based on times and circumstances of the country
*laws made to carryout the laws 1-17 laws necessary/proper
Hamilton v. Jefferson and the National Bank
Hamilton and Jefferson's argument over the opening of banks
Hamilton's argument
*the federal gov. has the CONSTITUTIONAL RIGHT to open the bank, necessary(elastic clause)
*it does no impede on social or political liberties
*helps the new gov. to manage finances
*people who state a national bank is unconstitutional are misreading the word necessary constitution
necessary- useful/ a way of doing something else/figure out a way of solving your problem: simply convenience
*contradicts ammendement X using Art Vl: Supreme Law of Land
Jefferson's argument
*the national bank impedes on the rights established by the constitution
*bank is of convenience for the tax collectors but is not NECESSARY as Hamilton states
*convenience is not accounted for in the constitution
*interferes with states rights and the separations of power in the federal government(Ammendment X)
*things would spiral out of control and lead to monopoly of corporations by the federal gov.
necessary- NOT convenience, required/ only way to be done. can't invent a whole new power for you convenience
Marbury v. Madison
*first supreme court case to apply judicial review
*Marbury had the right to the writ that he petitioned
*Marbury lost because of Art. 3 section 2 of the constitution
judicial review
the power of federal courts to void acts of Congress in conflict with the Constitution
Judiciary Act(1789)
granted the court to appoint justices, this wasn't unconstitutional since it made the president do something only applied to "ambassadors, pubic ministers and consuls"
has to be void since it directly contradicts Art 2, Sect 3
when a law contradicts the constitution the constitution ALWAYS wins
republicanism
People are sovereign/self government relies on people to exercise self-control
more of an anti-federalist belief
Paine Common Sense
*against the monarch
*against: succession based on blood(people become cocky since they know their going to be a leader, uninterested, state of nature"
*more people- more interest therefore a government is needed(society is so big it can't operate itself)
*everything is pre-destined(no matter what the colony has to go to war with the British)
Chalmers: Plain Truth
*against Paine
*speaks to disadvantages to Great Britain aren't real don't exist
*even if the disadvantages don't exist the war will be lost and there would be a lot of bloodshed
Confederation
a group of ppl, contrys, organizations, etc. that join together in some activity or effort
Federalism
sharing of power between states gov. and national gov.
Factions
citizens with interests contrary to the rights of others
Art l, 9
denies power
Economy
1 Issue with the Articles of Confederation
*no uniform currency
*congress paid for stuff from taxes, states could collect taxes at their own rate in their own way
Leadership
2 issue w/ Articles of Confederation
*there is no central leader
*no independent judiciary(nothing like the supreme court)
*no one can tell the states what to do legally
*states can't fight congress
*no way to create an army
Legislative
3 issue w/ articles of confederation
*Each state has one vote- but the population differed so the population wasn't accurately represented the people
*Article 13- its hard to make amendments- kind of stuck with whets in the articles the first time
Franklin,Washington, Adams,
Pendelton
People who were pro constituion
Lee, mason, Henry
People who were con constitution
Bill of Rights
"1Freedom of religion, speech, press, assembly, and petition.
2Right to keep and bear arms in order to maintain a well regulated militia.

3No quartering of soldiers.
4Freedom from unreasonable searches and seizures.
5Right to due process of law, freedom from self-incrimination, double jeopardy.
6Rights of accused persons, e.g., right to a speedy and public trial.
7Right of trial by jury in civil cases.

8Freedom from excessive bail, cruel and unusual punishments.
9Other rights of the people.
10Powers reserved to the states.
The government gets its power from the consent of the people who want to have security in their personal freedoms.
According to the Declaration of Independence and the U. S. Constitution, where does government get its power?
If they approves the will sign it, but if not it will be returned, with the objections to that House in which it is from. After reconsideration, if two thirds of that House will agree to pass the bill, it will be sent, together with the objections, to the other house, where it will be be reconsidered. If it is approved by two thirds of that house, it will become a Law.
What can the president do if s/he does not like a law?
If the president vetoes the law and Congress still wants it passed, ⅔ of the House of Representatives and ⅔ of the Senate must vote yes to the bill in order for it to overrule the president's veto and have it passed as a law. (section 7)
What can congress do if they like a law and the president does not?
First Amendment.
Under the U. S. Constitution, Americans are free to disagree with and criticize government officials. Which amendment guarantees this right?
property
person held to service or labour
How many euphemisms for "slavery" can you find in the Constitution? Where and what are they?
If the president dies, the vice president becomes the new president. If the vice president dies, the president can appoint a new vice president and the House of Representatives & Senate have to have an agreement on the president's choice. (Amendment 25)
Under the United States Constitution, who becomes President of the United States if the President should die? What if the Vice President should die?
The Chief Justice of the U.S.
Who tries all impeachments?
The Vice President.
Who serves as President of the United States Senate?
congress
Who oversees Washington, DC, legally?
States cannot enter a treaty, alliance, or confederation. (section 10)
What's an example of something a state may not do?
a two thirds majority vote from both the Senate and House of Representatives or when two thirds of the State of legislatures calls a for a constitutional convention
How does the Constitution get amended?
All laws of the United States and treaties made.
What is the "supreme law of the land"?
Fourth Amendment
Search Warrant is required to search home
The colonists did not want the government to have the ability to search people's homes whenever they wanted and for any reason. What amendment to the U. S. Constitution addressed this concern and what does the government need before it can search your home?
Amendment 22: No person can be elected president more than twice. For those that take the role of president after the original one for more than two years, they can't be elected more than once.
What amendment to the United States Constitution limited the terms of office for the President? How many times can a person be elected to the office of the President?
The Judicial Branch:"Article III
Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."
What branch of government is constitutionally responsible for establishing the lower courts?
Two year terms.
How long is a US Representative's term of office?
Six years
How long is a US Senator's term of office?
Congress has the power to lay and collect taxes.
In the Declaration of Independence, the colonists complained that the King imposed taxes without their consent/approval. In the United States Constitution which branch of government has the power to "lay and collect taxes"?
The constitution separated the government into three different sections(Judicial, Executive, Legislative) so that the president doesn't have full control of the courts
The Declaration of Independence listed a series of complaints about how the King controlled the courts. One complaint was that judges had to please the King in order to keep their jobs and be paid. How did the U. S. Constitution address this complaint?
5th amendment
Both due process of law and equal protection of the law are addressed together in which amendment to the US Constitution?
Right to freedom of religion, freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government
The First Amendment to the United States Constitution included five rights. What are the five rights in the First Amendment?
Article III of the U.S. Constitution established the judicial branch.
The King interfered with justice by not allowing the colonies to establish their own courts or denying certain powers to their courts. What article in the U. S. Constitution established the judicial branch?
Legislative Branch: "The legislative branch is made up of the House and Senate, known collectively as the Congress. Among other powers, the legislative branch makes all laws, declares war, regulates interstate and foreign commerce and controls taxing and spending policies."
In the Declaration of Independence, the King was cited for not protecting the colonies and even waging war against them. According to the U.S.Constitution, which branch of government has the power to declare war?
Judicial (Article III), Legislative (Article I), and Executive Branch (Article II).
Articles I, II, and III of the U. S. Constitution divide the power of the federal government into three branches. What are the three branches of government and which article established each branch? What is the term which describes this division of power?
27 amendments
How many amendments have there been to the US Constitution?
According to section 8 of article I, Congress has the power of regulating commerce.
The Declaration of Independence cited the King was cutting off trade between the American colonies and all parts of the world. What branch of government is given constitutional responsibility for the regulation of trade under the U.S. Constitution?
Executive Branch, the president serves as commander in chief of the military he/she recommends people and offers legislation that the senate has to approve
Which branch of government/government official serves as commander in chief of the military?
The right to a quick and speedy trial with an impartial jury.
What rights does the sixth amendment guarantee accused criminals during their trials?
provision in article 6
The US Constitution is recognized as the highest Law of the land. The judicial branch has the power to overrule state laws that violate the Constitution. This power is based on the Supremacy Clause. Where is the Supremacy Clause found in the Constitution?
In the 27th amendments, 18 year olds secured the right to vote.
Voting rights have been extended constitutionally to various groups throughout the history of our country. What was the most recent group to receive the right to vote and what amendment secured this right?
Articles of Confederation and Perpetual Union
What was the name of the first "Constitution?"
ratify
give a formal agreement (most commonly through signature) to a an agreement or document so that it could be passed by law.
veto
"a constitutional right to reject a decision or proposal made by a law-making body."
Proportional representation
"type of electoral system that decides the make-up of a parliament by allocating seats on the basis of the number of votes each party received."
Great Compromise
an idea proposed by Roger Sherman-Connecticut legislator during the Constitutional Convention- that there would be a House of Representatives (in which the representatives from each state is determined by the population of that individual state) and a Senate (in which there would be exactly two representatives per state) that would make up the Congress.
Fugitive Slave Clause
Article IV, Section 2, Clause 3: when a "person held to service or labour"(a slave) escaped to a different state that person is to be taken back to their state of origin
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