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- Article V/Article VII/Amendments 9 & 10 - To prevent any one of the three branches from becoming too powerful - Each branch has some ability to limit the power of the other branches |
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3 Branches of Government (Separation of Powers) |
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- Article I, Section 1/Article I, Section 1, Clause 8 - Executive: Article I, Sections 1-3; Headed by president, implements and enforces the laws passed by Congress - Legislative: Congress (Senate and the House of Representatives) who makes the laws - Judicial: Article I/Article III; System of federal courts who interprets federal laws and provides judgement incases involving these laws |
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- Article II, Section 1, Clause 2 - 12th Amendment - Each state chooses its electors (same number as it has senators and representatives) and then votes for the president - Each elector in the EC voted for two people |
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- Article VII - To approve and give formal permission to; Confirm |
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- State government won't have most of the powers - Article VI, Clause 2 - "Supreme law of the land" - Enumerated powers: Advantage to state government; State government is closer to people so they are more loyal and supportive |
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- Necessary and Proper Clause - Article I, Section 8, Clause 18 - Granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers |
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- Article I, Section 2, Clause 3 - 13th Amendment - 3/5 Compromise where every 5 slaves counted as 3 people for representation and taxes - Southerners opposed because it might impose taxes on export of farm products or ban importation of enslaved Africans |
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Declaration of Independence |
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Definition
- July 4, 1776 - Mostly written by Thomas Jefferson - Continental Congress issued this for independence - Colonies now became the United States of Independence - American Revolution began |
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Articles of Confederation |
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Definition
- November 1777 adopted by the Continental Congress - Plan for a loose union of the states under the authority of the Congress; First national constitution of the US |
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- September 17, 1787 - Federal Constitution to create a stronger central government - Virginia Plan, Connecticut (Great) Compromise, Three-Fifths Compromise, and Checks & Balances |
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- December 15, 1791 - Anti-Federalists supported this - States' rights, no tyranny, civil liberties protection (natural rights) |
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- 1786 in Massachusetts - Government of Massachusetts decided to raise taxes instead of issuing paper money to pay off its debts (Recession grew worse and farmers lost their properties) |
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Weaknesses of Articles of Confederation |
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- Established a very weak central (national) government - No power to regulate commerce - No power to compel states to obey international treaties signed by Congress - No power to tax - No power to print or coin money |
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Constitutional Convention |
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Definition
- 1787 to revise the Articles of Confederation but instead began to draft a constitution for a new national government - James Madison, Alexander Hamilton, Roger Sherman, Benjamin Franklin, William Peterson, George Washington |
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- Important nationalist; One of the Founding Father - New York delegate - Recommended that the Congress itself call for a convention |
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- Influential nationalists, One of Founding Fathers - Member of the Virginia Assembly and head of its commerce committee - Created Virginia Plan: Legislature into 2 houses (June 19, 1787 accepted) - Fourth pres. of US |
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- Wrote essays of the Federalist (w/ James Madison and Alexander Hamilton) around late 1787 and late 1788 - Pen name of the three was Publius - Federalists' arguments for ratification of Constitution |
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- Anti-Federalist (John Hancock was an an A-F too) - Accepted national government, not against federalism, but didn't want a supreme national or state government (tyrant) - Believed in a bill of rights |
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- One of the Framers; Connecticut delegate - A member to draft the Dec. of Independence - Proposed idea for Great Compromise (so each state would have equal representation and to avoid the convention from breaking up) - Elected to H of R, helped prepare the Bill of Rights - Signed Dec. of Ind., Articles of Conf., and Constitution |
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- New Jersey delegate - Offered the New Jersey Plan - Didn't abandon Articles of Conf. - Modified it to make the central government stronger, Congress have a single house for equal representation for states, power to raise taxes, and regulate trade |
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- Mostly wrote Dec. of Ind. - Prominent nationalists; Pennsylvania delegate at 81 years old |
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- Presiding officer of Constitutional Convention - Federalist; Ratification to the Virginia convention |
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- For states' equal representation - Legislative divided into two houses |
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- Address problems of factions - Large republic is good=More interests and more citizens per representatives |
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- Supported the Constitution and federal system - Power divided between central government and state governments - Regulate trade |
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- Opposed Constitution, but not against federalism - Agreed on national government but didn't want national or state government to be supreme - Constitution should have a bill of rights for natural rights and basic individual rights |
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