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H. Government Ch. 3 Test
Terms in this set (112)
What were the writers of the Constitution trying to emphasize by having the first line of the Constitution being, "We the PEOPLE of the UNITED STATES?"
That the separate states had united into one unit by the will of the people not individual states or the federal government. Makes it harder for states to nullify
T or F: No state has power to pull away from union
Why can states not pull away from the union?
The Constitution was an agreement between the people not individual states
Name some of the buffers between the people and the governing?
Presidents chosen by the Electoral College; Federal judges appointed by the president; Senators initially selected by states
T or F: The founding fathers trusted the people completely in the creation of the Constitution.
In the original Constitution, who chose the president. Exercised independent judgement.
In the original Constitution, who chose the federal judges?
In the original Constitution, who chose the senators?
With the 17th Amendment, who was given authority to elect senators?
Who confirms the appointment of federal judges?
Why didn't the founding fathers trust the people?
We lacked knowledge of the candidates for office and Risked becoming a mob
Why was it good that the federal judges were appointed by the president?
Created cohesion between the courts and the president and led to increased funding
Why does the Constitution state they want "to form a MORE perfect union?"
To comfort the states because a perfect union would mean no division meaning no states. States had to have a role.
In what ways did the Constitution plan to establish justice?
No more taxation without representation or Messing with foreign trade (Open up our trade partners)
Peace at Home
By saying THE United States as opposed to THESE United States, how does the Constitution calm tensions between states?
Gives the states less reason to quarrel with each other. Unites them so no more Interstate taxation or Battles
What threats did early America face that required it to unite for its "common defense"?
England, Spain, Native Americans
What is meant by "promote the general welfare" according to Madison?
Anything the government does must be for the good of all
What is meant by "promote the general welfare" according to Hamilton?
The government is very expansive
For how long did the founding fathers plan on the Constitution governing the United States?
The Constitution was designed to be _______, thereby protecting future generations.
What is this section of the Constitution called, "We the people of the United States in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and to our prosperity do ordain and establish this Constitution for the United States of America."
Who does power begin and end with according to the Constitution?
The words "Ordained" and "Established" in the Constitution imply that we the people...
Consecrated/Approved and Created/Made permanent this new union in the Constitution
To compose, to be made part of a whole as well as giving legal significance to what is being created
The Constitution is not an end but the ________ of a process designed to handle the never-ending debates of what government should do and who should pay for it.
Why did the framers provide rules governing the political process that were flexible and adaptable to changing needs?
They knew they couldn't choose human nature and that we all valued liberty
The Constitution is a _________ to solve our differences.
What are the six basic principles of the Constitution?
Popular sovereignty, Limited government, Separation of powers, Checks and balances, Judicial review, Federalism
We the people hold the power
How does the Constitution establish popular sovereignty?
Election of Congress (initially in just the House but after 17th Amendment Senate too); Election of President (sorta); Amending the Constitution; Amendments 9&10
What Amendment is most controversial?
No limiting principle to the number of rights
What does amendment 9 open the door to?
New rights being created
What was the purpose for Amendment 9?
Protect drafters from forgetting rights
Antifederalists amendment attempting to give states power not already held by the federal government
Who has more power because the word "expressly" was not included in Amendment 10? States or Federal Government?
If the people don't give gov't a power, the power doesn't exist. Gov't of enumerated powers.
While the Constitution is mostly __________, the Bill of Rights is more _________.
What does the necessary and proper clause do?
It expands the power of Congress by giving them
implied powers in order to carry out their duties listed in
What two clauses gives the feds much power?
Commerce Clause and Necessary and Proper Clause
In the Wickard v. Filburn case (1942), it was ruled that Congress can regulate _________ in order to keep supply and demand steady and keep people, particularly farmers, from growing food for personal reasons and not for sale
Inter and Intra-state Commerce
How was the Commerce Clause used in the Katzenback v. McClung?
When Ollie's BBQ (McClung) was forced to seat blacks, Ollies BBQ fought back. They were defeated based on interstate commerce laws (Got supplies and ingredients from other states, making it interstate commerce).
Where are the separation of powers enacted?
First three articles of the Constitution
Give an example of separation of powers.
Congress passes the laws; President executes those laws; Courts interpret the laws
Checks and Balances are established between which three branches of government?
Legislative, Executive, and Judicial
How does the legislative branch check the executive?
Can override a presidential veto by a tow-thirds vote in each house. Can refuse to provide funds requested by the President. Senate can refuse to approve a treaty or an appointment made by the president. Congress provides president's military force
How does the executive branch check the legislative branch?
President may veto any act of Congress
How does the executive branch check the judicial branch?
President can appoint all federal judges.
How does the judicial branch check both the legislative branch and the executive branch?
They can determine the constitutionality of acts of Congress and of presidential actions and Can strike down those they find unconstitutional
Ability of courts to declare something unconstitutional
T or F: Even if a law is technically unconstitutional, if Congress approves it, it cannot be shot down.
F (If a law is unconstitutional, law will be overturned by the courts)
T or F: The process by which cases from the District Courts or the Circuit Court of Appeals can be looked over by the Supreme Court or the Circuit Court of Appeals is judicial review
How did Judge John Marshall use the case of Marbury v. Madison to expand the authority of the Supreme Court?
Seeing that if he appointed Marbury as Justice of the Peace Jefferson wouldn't honor the decision, creating early friction between the judicial and the executive branch, Marshal kicked Marbury's case, even though he was qualified and had been promised the position by former president Adams, because Marbury had taken the case straight to the Supreme Court instead of going through the lower courts
What is the difference between separation of powers and federalism?
Separation of Powers happens at the same level while Federalism happens at different levels (State and Feds)
Power is divided between national gov't and states
The powers not expressly given to the feds are passed on to the _______.
T or F: Some state and fed powers overlap.
Which carries more weight: Feds or State?
What is the formal way to amend the Constitution?
It must be proposed by 2/3 of both chambers of Congress or a national convention called by Congress and then ratified by either 3/4 of state legislators or by conventions held by 3/4 of states.
When will Congress call a national convention to propose an amendment?
When 2/3 of states ask Congress to do so
What is the most common way amendments are formally added to the Constitution?
2/3 of both chambers of Congress propose the amendment and it is ratified by 3/4 of state legislatures
What amendment was proposed by 2/3 of both chambers of Congress but ratified by conventions held by 3/4 of states for political reasons?
21st (Repealing Prohibition)
Freedom of Religion, Speech, and Press
The Right to Bear Arms
No forced quartering of soldiers
Protection from Unreasonable Search and Seizures
Protection of Rights to Life, Liberty, and Property (No double jeopardy or Self-Incrimination
Rights of Accused Persons in Criminal Cases (Right to a speedy trial and To know the reason for his being arrested (habeas corpus), Right to a lawyer)
Right to a trial by jury (of your peers)
No cruel or unusual punishment. No excessive fines or bails.
Other rights not mentioned in the Constitution exist
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are given to the States
States cannot be sued unless they give consent to it
Separate ballots for President and Vice President
Ensured due process and equal protection for all "persons"
Protected voting rights of newly freed slaves
Federal gov't can tax us (Federal Income Taxes)
Senators are to be elected by popular vote
Prohibited the manufacture, sale, or transportation of intoxicating liquors within and throughout the US. (Liquor Outlawed)
Gave voting rights to women as well as men
President takes office on January 20th.
Prohibition repealed (Control of liquor returned to the states)
Only two terms for president
DC gets 3 electoral votes
Citizens cannot be denied the right to vote based on ability to pay taxes (Eliminated the poll tax)
If President is removed from office by death or resignation, the VP shall be President. If VP dies while Pres is still alive, Pres nominates a VP who must be approved by both houses of Congress
Citizens 18 and older can vote
No law creating a congressional pay raise shall be enacted until after a Congressional election
Why would a state give consent to be sued?
If they refuse, they may be accused of abusing their power and risk being reelected
Why were the ballots for President and Vice President separated?
When Aaron Burr and Thomas Jefferson tied in their election after asking their supporters to cast one vote for each of them, the House had to declare the winner (Jefferson). Amendment 12 was created to prevent this happening in the future.
T or F: The federal government, under both the Articles and Constitution could tax the people.
F (Articles could only tax states)
Who was meant to be taxed more heavily under the 16th Amendment?
Why was the 18th amendment repealed?
People kept drinking and Domestic problems didn't show a significant change because of prohibition
What effect did eliminating the poll tax have on voting?
It increased the number of people able to vote since blacks could now vote without having to worry about their ability to pay the poll tax
According to the 25th Amendment, how can the Vice President overthrow the President?
If he has the support of the cabinet in declaring the President mentally incapable of holding his office
How is the Constitution informally amended?
Through Legislation, Executive Action, Court Decisions, Party Practices, and Custom
What are two ways in which legislation has informally amended the Constitution?
Laws have been created to expand/flesh out skeletal Constitutional provisions and Interpret vague terms
How was the Constitution informally amended to expand the judicial branch?
The lower courts (District Courts and Circuit Ct of Appeals) was created
Give an example of a vague term that laws have interpreted.
What is the difference between amending the Constitution informally and formally?
Amending it informally doesn't change the language but further explains/better enacts it, causing big effects
What are two ways the Constitution has been informally amended by executive action?
Congress declares wars and Entering into executive agreements instead of treaties
Who declares war?
What is the purpose of executive agreements?
To cut around Congress to establish a temporary peace, lasting while the President is in office. Gives time for Congress to construct a treaty
Name a court case that informally amended the Constitution.
Marbury v. Madison (Judicial branch has final say in laws)
How are elections affected by political parties?
Parties dictate the nomination process for presidential candidates (Rep. nomination vs. Dem. nomination). Party divisions in Electoral College makes it easy to pick most states presidential candidate
Houses are organized along ________ lines.
T or F: The government in the US in many ways is a government through parties.
Give two examples of informally amending the Constitution through Custom.
Cabinet departments and Senatorial Courtesy
Senate approves only those judicial candidates who are acceptable to the Senators of the President's party from the state involved (If a Senator is removed or dies)
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