Term
| stated purpose of the American Revolution |
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Definition
| liberty (NOT fraternity, unlike French) |
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Term
| what is the balance that the government must maintain? |
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Definition
| Order and Liberty; safety vs. freedom |
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Term
| what happened to previous governments? |
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Definition
| either they were too strong and disregarded liberties, or too weak to be a force. |
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Term
| what was the motivation for the American "league of friendship" rather than a unified govt.? |
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Definition
afraid of centralized government
support for states' rights |
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Term
| what could congress under the Articles do? |
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Definition
1. make peace with foreign countries
2. run the post office
3. coin money |
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Term
| what couldn't Congress under Articles do? |
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Definition
1. levy taxes
2. regulate commerce
3. make national laws
4. make national currency |
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Term
| what were the two MAJOR, central weaknesses of the Articles? |
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Definition
1. no powerful executive
2. no national judicial system
-- this is because of FEAR -- didn't trust strong leaders |
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Term
| who organized the Philadelphia Convention, and to what purpose? |
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Definition
| Ben Franklin; ostensibly to rework the Articles but actually totally changed them |
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Term
| what was the Great Compromise / Connecticut Compromise? |
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Definition
instead of Virginia Plan (representation based on state population) or the New Jersey Plan (representation equal for all states) Congress will have two parts:
--Senate, which will have two senators regardless of pop
--House of Reps, which will have representatives based on population
--
--
to become a law, bill must be passed by BOTH House and Senate |
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Term
| how many House Reps are there? Senators? |
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Definition
House Reps: 435
Senators: 100 |
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Term
| what was the 3/5 Compromise? |
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Definition
North: count slaves for taxation but not representation (south pays more)
South: count slaves for representation but not taxation (south represented more)
INSTEAD
for both representation and taxation a slave is 3/5 of a person |
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Term
| what was the moral problem with the 3/5 Compromise? what repercussions did it have? |
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Definition
how could a country based on equality allow human slavery?
--later on, attitude the blacks are subhuman would die hard |
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Term
| what were 3 smaller compromises in the forming of the Constitution? |
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Definition
1. whether Pres is chosen by Congress or People -- popular candidate in states gets all electoral votes
2. pres chosen for life term, 2 years or 3 years?
--four year term, as many as wanted; nowadays most is 10 years if took over from previous president
supreme court picked by senate or pres?
--president nominates and senate confirms |
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Term
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Definition
| powers of govt. divided btwn federal government and states. anything that affects lives of citizens goes to states; affects country at whole, feds get it. |
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Term
| define: separation of powers |
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Definition
| divided powers of federal government between Executive, Judicial, and Legislative branch |
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Term
| what is the function of each of the three governmental branches? |
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Definition
executive: to enforce laws and lead the nation
legislative: to make the laws
judicial: to interpret the laws and determine whether they are constitutionality |
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Term
| define: checks and balances |
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Definition
| the ability of each branch of government to stop any other branch from doing anything that isn't part of its role. |
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Term
| how does the executive branch check the other two? |
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Definition
legislative: president can veto a bill passed by Congress (refuse to sign the bill)
judicial: president NOMINATES a new justice if there is a vacancy on SCourt |
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Term
| how does the legislative branch check the other two? |
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Definition
executive: can override a presidential veto by 2/3 vote in House and Senate (each)
judicial: can refuse to confirm pres' nominee for SCourt and make a new amendment to the Constitution (overrides SCourt's ability to interpret the law) by having 3/4 of state legislatures pass it |
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Term
| how does the judicial branch check the other two? |
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Definition
| both: JUDICIAL REVIEW -- can declare ANY law to be unconstitutional |
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Term
| define: writ of habeas corpus |
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Definition
| document that forces a jailer to release a person from jail unless the person has been formally CHARGED or CONVICTED of a crime |
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Term
| when, historically, was the writ of habeas corpus suspended? |
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Definition
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Term
| define: bill of attainder |
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Definition
| finding someone guilty without a trial |
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Term
| what are the three things in the Constitution that were NOT need a compromise? |
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Definition
1. no suspension of the Writ of Habeas Corpus
2. no bills of attainder
3. no ex-post facto laws |
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Term
| how many states had to agree to ratify the Constitution? |
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Definition
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Term
| what is the purpose of the SCourt according to the federalists? |
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Definition
| to check the power of the tyrannical majority and make sure minorities aren't abused -- serves as conscience |
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Term
| according to the Federalists, how can governments be corrupted? |
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Definition
| by the power itself, but also through influence of factions |
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Term
| how can a strong central government protect the balance between liberty and order? |
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Definition
| if government isn't able to protect the country, there won't be any freedom to protect |
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Term
| according to Charles Beard, who ratified the constitution? (demographics) |
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Definition
| delegates from states with better-off urban and commercial sectors |
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