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36 Cards in this Set
- Front
- Back
What is a faction
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: “A group of persons forming a cohesive, usually contentious minority within a larger group.” – Usually they want to take over the government
James Madison thought that factions could not contain power within Republics. “Among the numerous advantages promised by a well-constructed union, none deserves to be more accurately developed than its tendency to break and control the violence of faction.” “Extend the sphere and you take in a greater variety of parties and interests; you make it less probably that a majority of the whole will have a common motive to invade the rights of the other citizens.” – he believed that in a republic, especially one big like the U.S. factions would not be a problem. |
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Who was James Madison?
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- Founder of the Constitution
- Believed in a republic, not a democracy - Wrote the Federalist Papers |
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What is the Supremacy Clause?
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- Any law in the U.S. must be followed by all judges and courts
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What are the Separation of Powers?
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- There are three branches – Judicial (Supreme Court), Legislative (Congress) and Executive (President)
- Checks and Balances – if the House of Rep represented one majority, and the senate another, then the two would cancel each other out. Therefore, within a republic, the system of checks and balances prevents one group from taking over another |
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Who was Alexander Hamilton?
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- Another writer of the Federalist documents
- Secretary of the treasury - Campained in NY for the ratification of the Constitution - He worked on getting the country out of debt |
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Who was John Jay?
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- President of the Continental Congress in 1778
- Minister to Spain in 1779 - to negotiate with Spain about them recognized the colonies as independent , for financial aid, and commercial treaties. - In 1782 – with John Adams and Benjamin Franklin, he signed a treaty of peace with England. - Then he was the Secretary of Foreign Affairs - Writer of the Federalist as well - After the ratification of the Constitution, G.W. appointed him as the Chief Justice to the Supreme Court - Later elected governor of NY - Fought for the abolition of slavery |
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What is the Judicial Branch?
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- One Supreme Court, of which the members are chosen for life by the president
- All trials in cases with other public counsels of ministers or ambassadors, go directly to the Supreme Court - The Jury does not have the right to try impeachment - All other crimes will take place in a court in the state where the crime has been committed |
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What is the Executive Branch?
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- The president of the United States (see the powers of a president does below)
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What is the Legislative Branch?
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- House of Representatives and Senate
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What is a Veto?
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- The president has the right to veto any bill proposed within 10 days of the given proposal
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What is a Majority?
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- When a large group is in favor or against something
- James Madison was afraid of majorities because they often lead to tyranny |
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What is a Minority?
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- A small group, which usually – in the case of democracy – does not get heard. (Shay’s rebellion = undemocratic)
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What is a Republic?
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- A political government form usually with a president.
- The people vote for representatives who are then responsible for the creation of the laws and regulations of the people. |
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What does Amendment 1 say?
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Freedom of speech, religion and press
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What does Amendment 2 say?
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Right to bear arms
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What does Amendment 5 say?
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No person is required to testify against themselves in a court of law
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What does Amendment 10 say?
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Any power that has not been given to the federal government may be regualted by the state or the people.
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What are the powers of the president?
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- Elected by the Electoral College (today there are 538 members of the Electoral College)
- May be removed from office on terms of: death, resignation, inability to stay as president, impeachment, or high crimes and treason - May appoint ambassadors, public ministers, councils, supreme court judges, and cabinet members - May veto a bill, but only within 10 days after given the proposal (not including Sunday) - May create treaties (but at least 2/3 of the Senate must approve any and all treaties signed by the president) - Commander and Chief of the Army and Navy |
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What are the powers of the Congress?
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- May impose taxes
- “Provide for the common defence and general welfare of the U.S.” - May borrow money for the better of the U.S. - Regulate trade - Regulate currency – production and worth - Sole power to declare war – make armies and navies - In charge of U.S. property and rules and regulations - ¾ of the congress must agree on any ratification - Power to build post roads and post offices |
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What powers of the Congress are prohibited by the Constitution?
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- No religious test will ever be required for qualification to any Office
- No person may be jailed without any charges against them – there must be evidence, and the person has the right to know why they are being tried / imprisoned - No money may be taken from the Treasury unless by law or for the good of the public - No “title of nobility” shall accept any present without the consent of the Congress |
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How does a bill become a law?
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The House makes a proposed bill
- The Senate may pass it or deny it – Majority of the Senate must agree in - The President has the final say (only if the senate approves it by the majority) |
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How can an amendment be passed to the Constitution?
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- Congress - whenever 2/3 of both houses agree on an amendment to the Constitution
- ¾ of the states must agree – then it is amended throughout the states |
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What are the prerequisites fo the president? (and vice president)
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- Natural born citizen
- 14 yrs of residency (at least) - 35 yrs or older - Must take an oath to protect the Constitution |
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What are prerequisites are a member of the House?
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- 25 yrs or older
- 7 yr citizenship - Must live in the state you represent |
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What are prerequisites for a member of the Senate?
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- 30 yrs or older
- 9 yr citizen - Must live in the state you represent |
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What is the term of the president?
House? Senate? |
four years
House: elected every 2 yrs Senate: 6 yr term |
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What are prerequisites for Supreme Court Justices?
What are their terms? |
None
Term for life |
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What year was the Constitution ratified?
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- Completed on Sept 17, 1787. Then it was brought throughout the state legislatures, and then took effect in 1789.
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What is the 3/5 clause?
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Every slave counted as 3/5 a person for the taxation and number of representatives for the state
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What did the Constitution say about the Slave Trade?
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- The slave trade will cease in the year 1808
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How is a president elected?
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- Each state has a # of electors. The # is total of the # of senators and representatives.
- These electors – part of the electoral college – vote |
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Who elects the senate?
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-Originally, the Senate was chosen by the Legislatures of the States
-Now the Senate is elected by the people |
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Who elects the house?
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The people
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What are the powers of the senate?
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Vice president of the U.S. = the president of the Senate. The president does not have a vote, unless there is a tie – in which case the president may vote
- Congress must assemble at least once a yr - Tries all impeachments (no person convicted unless 2/3 of the Senate votes for their impeachment) - No president may be a member of either house during their term - Each senator has one vote - Each state has 2 senators - Looks at the proposals for bills from the House, may pass them or not – then the President has the final stay – he may only veto it if 2/3 of the House do not vote for it) - 2/3 majority must approve any treaties signed by the president |
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What does the House do?
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- Makes bills
- 1 representatives for every 30,000 people (originally) - Taxes and # of representatives according to population - Every state must have at least one representative (originally) - The House may choose their speaker and other officers - Has the sole power of impeachment |
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What are the Necessary and Proper Clauses?
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- Laws must be sensible and the United States must make sure that the Constitution is carried out
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