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Terms in this set (69)
the system of "checks and balances" means that one branch of government should never be more powerful than any of the others:
the "great compromise" dealt with whether slaves would count as part of the nations population:
both the senate and the HOR must vote to confirm a federal judge appointed by the president:
the early american colonies were all founded on the principle of religious freedom:
to be eligible to be a united states senator, one must be at least 30 years old, a us citizen for 9 years, and a resident of the state represented:
all 435 seats in the HOR will be on the ballot this year:
the federal government is a government of unlimited powers; as long as there is no specific prohibition on a government action, they are entitled to act:
the "stamp act" was repealed by england after americans refused to pay the tax:
under the constitution, the president has the power to declare war:
the Philadelphia convention of 1787 was called because the government under articles of confederation was too strong, and too quick to abuse the people's liberties:
all bills must go through the HOR before being introduced in the senate:
members of the senate serve six-year terms, and were originally chosen by state legislatures:
john locke argued that a legitimate government was limited to protecting people's life, liberty and property:
the delegates at the constitutional convention kept the content of their proceedings strictly secret:
the supreme court ruled that president truman had the power to seize the nations steel mills because we are at war and it was necessary to keep steel production going:
under the 3/5 clause, a slave's vote counted for only 60 percent of a free man's vote:
voting laws were primarily the responsibility of the federal government at the time of the original constitution:
the southern states were afraid that the new federal government would outlaw the slave trade under the international commerce clause; thus, they insisted on the 1808 clause:
the federalist papers were a series of essays written by madison, hamilton and jay, arguing for ratification of the federal constitution:
most states sent delegates to the Philadelphia convention of 1787 with instructions to tear up the articles of confederation and draft a completely new constitution:
what were the major weaknesses of the articles of confederation?
1. lack the power to tax
2. could not provide a common defense
3. could not regulate interstate commerce
4. could not coin money
what is meant by the term "separation of powers"?
the separation of powers gives each branch certain powers in order to maintain balance. congress makes laws, while the president makes sure they are enforces. judicial courts make sure the laws are legal.
Explain the "great compromise"?
the great compromise was the debate on how the big and small states would be represented fairly. The answer was a bicameral legislature. 2 senates would represent each state;satisfying the small states. and the HOR would satisfy the large states.
what, specifically, is meant by the idea of enumerated powers?
enumerated powers was a list of things the government CAN do. For example, coin money, tax, power to regulate international and interstate commerce.
what are the powers that the senate alone can exercise? if any of them involve voting, indicate whether the vote must be a simple or super majority?
the senate alone can confirm judicial courts, ambassadors, etc. The senate can ratify treaties with a 2/3 vote. they also have the power to hold impeachment trials.
explain, in detail, the major events leading up to the american break with England and to the american revolution.
what was the importance of the french and indian war?
started everything, Britain helped them so they felt they now had no control.
how will the president be chosen?
an electoral college
-Would meet once in december
-senators+HOR- states electoral votes are based on population
- whatever manner the legislature decides
-state legislatures would appoint themselves.
-35 years old
-14 year citizen
who is the head of the executive branch?
what are some of the powers and responsibilities of the president.
2. commander in chief
4.recommend measures to congress
5.appointing cabinet secretaries, ambassadors and federal judges.
6. chief diplomat- authority to negotiate and sign treaties
7. "time to time" SOTU-state of the union
anti federalists Patrick Henry had 3 primary complaints about the presidency:
1. commander in chief
2. could be re-elected
Alexander Hamilton responded to Patrick Henry and his fears with:
federalists paper #70-energy in the executive
1. sufficient power
2. unity-has to be one person
3. sufficient duration
4. compensation-should be payed
did not want to be president
- firm control over foreign policy
-deferred to congress on domestic policy
-CIC- very literally
- he stepped down after 2 terms
the judicial branch covers:
cases and controversies
federal courts do not issue ______ _______.
us supreme court
-only one credited by the constitution
-original and appellate
us circiut courts of appeal
-11th -florida, georgia, alabama
-only listen to appeals
federal trial "federal district courts"
- original jurisdiction
madison vs. marbury
-judicial act of 1789
-marbury files a law suit
-marshall asks:if he was appointed by the president and confirmed by the senate, does he have the right to get his seat.
-courts said yes
-court was acting as original jurisdiction
-judicial review was created
review by the us supreme court of the constitutional validity of a legislative act.
the judicial act of 1789 was ___________ and was _________ from the books by __________. this becomes known as the principle of ________ ______.
federalists believed in a ________ ________ ______.
strong central government
-the government is creating the bank of the united states
-unconstitutional-nothing gives congress the right to make a bank.
-the bank was to be in maryland, therefore maryland wanted to tax the bank.
-the gov't refused, maryland filed a law suit and won!
1. the us gov't doesn't have the authority to make a bank.
2. if they get the bank, they get to tax it.
john marshall argues:
1. the constitution has "implied powers"
2."the power to tax is the power to destroy"
establishes that the constitution, federal laws, and us treaties constitute the supreme law of the land.
the intent is what matters
-when the constitution was drafted and ratified, they knew what they meant.
8th amendment-"cruel and unusual punishment"
-is the death penalty cruel and unusual???
-cruel and unusual punishment did not outlaw the death penalty
-depends on the times
-times have changed; we get to interpret the way the constitution was written.
ex. roe vs. wade-abortion
-permanency- jobs depend on merit apposed to the pleasure of the president
bureaucracy administrative agencies examples-
enabling statute creates the power for ___________ ___________ to permit what was previously __________ or that __________ new ________.
administrative procedure act
-governs how an administrative agencies can pass a law.
apa:1. Publish _______ regulations in the "_________ __________"
a law passed by congress is called a
a law passed by an administrative agency is called a
all ________ get published in the ________.
code of federal regulation. a real law at that point
administrative agencies act as a __________-_______ and a _______-_________.
admin agencies act like a legislature when passing laws
act like courts in that they issue rulings.
________ remedies ______ filing a _______ ______.
did we create a democracy argument??
1. what is a democracy
2.a democracy-the peoples choice
3.our leaders are elected
4. who are our leaders?
-congressmen, president, judges, senators
5. did we elect them?
did we create a democracy?
-no, we did not.
-the vast majority could not vote
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