Term
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Definition
- Introduction to the Constitution
- explains purposes of govt.
- Gouverneur Morris wrote it
- States that in order to form a perfect union there has to be justice, domestic tranquility, provide for common defense, promote the general welfare, and secure our liberty and prosperity.
- Patrick Henry was against wording of document b/c he wanted the respective states instead of the people be agents of the compact
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Term
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Definition
James Madison, John Adams, and many of the Founders studied th Romn Republic and ancient thenin nd Spartan philosophers and civilizations to find the best kind of govt. hat was the best means of ensuring both order and liberty. The govt. they came up with was the Republican govt. thanks to those great philosophers. |
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Term
Connecticut Compromise (Great Compromise) |
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Definition
- Presented by Roger Sherman at the Constitutional Convention
- Resolved issues of representation in Congress
- states would be represented equally in senate
- proporitonately in the house
- slave states could count 3/5ths of slave populations for purposes of representaton and taxation
- proposed legislation for the purpose of raising money would have to come from the House
- approved by one-vote margin
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Term
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Definition
- primarily a response to the Virginia Plane
- presented at the Constiutional Convention
- Under it, Congress had the additional powers of setting and collecting taxs
- federal laws ruled over state laws
- called for congress to select an excutive council, would serve four ears, and would be subject to recall y state governors
- the judiciary would be appointed by the excutive and would serve for life
- small states feared large ones would become too powerful
- the plan attempted to give small stats equl powers in COngress as the large ones
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Term
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Definition
- written by James Madison and presented by Edmund Randolph in Constitutional Convention
- Virginia Plan shows Montesquieu's influence on Mdison
- called for spearation of powers with the three branches of govt.
- created bicameral legislature with both houses based on proportionate representation
- adopted by convention and written into the constitution
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Term
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Definition
Begins by defining the first of three seperate powers of the govt. Establishs bicameral legislature: a senate and a house. Explains the form, function,owers and limitations on legislative branch of govt. |
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Term
Article I, Section 7: A Bill Becomes a Law |
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Definition
- Shows how a bill becomes a law through the Constitution's seperation of powers and system of checks and balances
- Federal laws are written in Congress
- Laws for raising money in the House
- proposed laws or bills must pass Congress with majority of vote
- then the bill is sent to the president, sign or veto
- if president signs, becomes a law.
- If president returns the bill to Congress, Congress can override the veto with a 3/3rds majority vote in both houses
- can become law if 10 days pass with no sign or veto
- but if Congress adjourns withinten days, th bill does not become a law
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Term
Article I, Section 8: Powers of Congress |
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Definition
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Powers of Congress are listed, limited nd enumerated powers
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The listing of specific powers provides for a Limited Govt.
- After listing each specific power, the Article concludes with th "Necessary and Proper Clause," which lets Congress make all laws necessary to carry out the powers listed
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Term
Article I, section 8: The Commerce Clause |
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Definition
- power granted to Congress to regulate interstate commerce
- this power has been the center of several Supreme Court cases
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Term
Article I, Section 8: Patents and Copyrights |
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Definition
- gives Congress the power to promote art and science by promising protection and money to artists' and writers' work by issuing copyrights and patents
- the first Copyright Act was passed in 1790
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Term
Article I, Section 8: Necessary and Proper Clause |
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Definition
- congress has the power to make laws necessary for accomplishing foregoing powers, and all other powers the constitution gave to congress
- referred to as the "Elastic clause"because you can stretch the powers of Congress
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Term
Article I, Section 9: Limitations on Congress |
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Definition
- Specific limits and prohibitions, like not suspending habeas corpus except in cases of rebellion or invasion, or when public safety requires it
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Term
Article I, Section 9: Habeas Corpus |
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Definition
- Latin for "You may have the body"
- habeas corpus is the essential protection of liberty in the U.S. system of justice and you have to tell the person that is imprisoned what they are being accused of or they have to be released
- limits Congress
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Term
Article I, Section 10: Limitations on States |
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Definition
- this article lists actions that states may not take and some they make take by the permission of Congress
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Term
Article I, Section 2: House of Representatives |
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Definition
- Representatives are elected every 2 yrs by people of their state
- candidate mus be at leaste 25 and have lived in the US for 7 yrs
- States have 1 rep. for every 35,000 residents
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Term
Article I, Section 3: The Senate |
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Definition
- Senators are elected every 6 yrs, each state has 2 senators
- Senators must be 30 and live in the US for at least 9 yrs
- the VP of the US serves as president of the Senate, but has no vote except in case of a tie
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Term
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Definition
- it explains the form, function, powers, and limitations on the executive branch of govt.
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Term
Article II, Section I: Election of President |
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Definition
- describes how the president and VP are elected
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Term
Article II, Section 1: The Oath of Office |
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Definition
- The president may not take office until he or she takes takes an oath affirming to "preserve,protect and defend teh Constitution of the United States."
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Term
Article II, Section 2: Treaty Making |
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Definition
- Establishes the executive branch
- section 2 lists some of the president's powers, one being making treaties with the advice and permission of Senate
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Term
Article II, Section 2: President as Commander in Chief |
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Definition
- president has the power to wage war
- the Pres. role is to provide civilian control of the military
- The War Powers Resolution (1973) was an attempt to clarify the relationship b/w the president and Congress military powers
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Term
Article II, Section 2: other Powers of the President |
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Definition
- The president serves as chive officer of executive departments, appoints Supreme Court justices, and ambassadors
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Term
Article II, Section 3: duties of the President |
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Definition
- President must make sure that federal laws are executed
- addresses Congress on the state of the union
- can call both houses together
- recieves ambassadors and public ministers
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Term
Article II, Section 3: Take Care Clause |
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Definition
- President makes sure that laws are carried out
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Term
Article II, Section 4: Executive Impeachment |
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Definition
- the President and VP can be removed from office if they are impeached
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Term
Article III: Definition (1787) |
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Definition
- describes the third branch of the govt's. seperated powers
- explains the structure, function and jurisdiction of the judicial branch
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Term
Article III, Section 1: The Court System |
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Definition
- The Judicial branch consists of 1 Supreme Court, and inferior courts created by Congress
- all judges hold position for life, if they have behave good
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Term
Article III, Section 2: Judicial Power |
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Definition
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Term
Article III, Section 3: Treason |
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Definition
- treason means making war agains the US, or giving "aid and comfort" to her enemies
- Congress determines punishment for treason
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Term
Article IV, Section 1: Full Faith and Credit Clause |
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Definition
- states must honor the contracts, public records and court proceedings of other states
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Term
Article IV, Section 2: Privileges and Immunities Clause |
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Definition
- written to ensure justice and equality among citizens
- echoed in the 14th amendment
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Term
Article IV, Section 2: States and Fugitives |
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Definition
- fugitives who flee to another states will be returned to where the crime occurred on that state governor's request
- slaves will not become free to when they flee to a free state
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Term
Article IV, Section 3: New States |
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Definition
- new states may be formed and admitted, but they may not be within the borders of any existing states, nor made by putting two states togeteher unless the state and federal legislatures approve
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Term
Article IV, Section 4: Republican State Governments |
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Definition
- the federal govt. will guarantee republican forms of govt to the individual states
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Term
Article V: Amending the Constitution |
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Definition
- Congress can propose amend. when 2/3rds of both houses agree, or when 2/3rds of the state legislatruess call on congress to do so
- must be ratified by 3/4ths of the states
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Term
Article VI: The Supremacy Clause |
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Definition
- The constitution is the supreme law of the land
- States have to follow federal laws
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Term
Article VI: No Religious Test |
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Definition
- The US cannot require that public officials submit to a religious test in order to hold office
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