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Why was the central government established under the Articles of Confederation unworkable? |
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Definition
Because it allowed for very little power for government and was only allowed to represent foreign affairs. |
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Term
When the newly drafted Constitution was submitted to the states for ratification, there were three major objections to its adoption. What were they? |
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Definition
The states did not want taxes because they were dangerous, the constitution lacked a bill of rights and assurance of a fair trial, and concentrating so much power in the governement threatened the sovereignity of the states. |
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How many articles are there to the constitution? |
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Definition
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established legislative branch of government |
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established executive branch |
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established judicial branch |
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establishes the responsibilities each state owes each other |
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procedures for amending the constitution |
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Supremecy clause - constitution, laws, treaties are the supreme law of the land and replaces contradictory state laws. |
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the constitution must be ratified by 9 states to be operative |
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Term
enumerated powers delegated to the US Congress under Article 1, Section 8 |
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Definition
Power to Tax
Power to Borrow Money
Power to regulate commerce
power to regulate immigration
power to regulate currency and post offices
power to copyright laws for authors/inventors
power to establish courts lower than S.C.
power to regulate high seas (water, air)
power to declare war
power to draft and acquire land for military
power to organize national guard
power to govern D.C. and federal installations
power to enact laws necessary to enforce them |
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Term
name the 3 powers congress has over regulation |
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Definition
power to regulate - the channels and instrumentalities used in interstate commerce (laws over highways, tunnels, bridges, air, etc), persons and articles that move in interstate commerce (can't take a minor across state lines for sex) and any commercial activity that has a substantial effect on interstate commerce. (minimum wage/crop restriction) |
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Term
what is the implied powers doctrine? |
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Definition
the government has the implied power to adopt any measures, not prohibited by the constitution, that are appropriate for carrying its delegated powers into effect. |
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Term
What 5 powers are states forbidden to exercise? article 1,10 |
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Definition
1 - Enter into treaties, alliances, or confederations
2. coining money
3. require taxes on imports or exports w/o congress consent
4. establish a national defense system in times of peace
5. pass bills of attainder, ex post facto laws, or make laws impairing the obligations of contracts |
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breaking a law before it was established is not allowed to be charged |
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legislative act that brands a person a criminal w/o a trial...innocent until proven guilty |
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powers retained by the states |
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due process. prohibits states from treating people differently because of race, gender, or national origin except in the most extraordinary circumstances.
also makes the bill of rights applicable to the states, prevents states from depriving people of life, liberty, or property w/o procedural and substantive due process, and gives congress power to pass legislation enforcing these restrictions. |
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right to a speedy trial right to a public criminal trial right to a jury |
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protection against excessive bail, fines, and cruel and unusual punishment |
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enforces the government to notify before depriving a person of life, liberty, or property. |
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establishing an adequate justification for an action |
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forbids a state to deny any person within its jurisdiction the equal protection of the laws |
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