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28 Cards in this Set
- Front
- Back
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What state didn't participate in the Constitution Convention?
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Rhode Island (opposed stronger central government)
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Who presided over the Constitional Convention?
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George Washington. Total of 55 men from 12 states (NH, MA, NY, CT, PA, NJ, DE, MD, VA, NC, SC, GA).
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Where and when did the Constitutional Convention meet?
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Philadelphia - Independence Hall. May - Sept. 1787. Met in secret.
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What was the Virginia Plan?
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Proposed by James Madison. Called for 3 branches of government: Legislative (lawmakers - divided into 2 houses w/ state population determining number of representatives in each house), Executive (to carry out laws, Judicial (Courts - to interpret/apply laws).
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What was the New Jersey Plan?
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Proposed by William Paterson. 3 branches like Va. Plan, but in the Legislative branch would only have one house w/ 1 vote per state (like Articles of Confederation)
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What was the Great Compromise?
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(headed by Robert Sherman of Connecticut): Congress to have 2 houses. Senate (2 votes per state); House of Representatives (# of representatives population based).
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What was the Three-Fifths Compromise?
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To appease the Southern States, every 5 slaves would equal 3 free persons. Figure also used in figuring taxes.
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What were some other compromises?
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Southern States agreed that Congress could regulated trade between states and other countries, but could not tax exports nor interfere with slave trade until 1808.
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What is the Electoral College?
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Another compromise. Some felt that the members of Congress should pick the president and others believed the people should. The people vote for Electorates and then the Electorates meeting in December to vote for President. (Indirect Democracy)
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What is Federalism?
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The supports of the Constition are called Federalists (Alexander Hamilton, James Madison, John Jay). Federalism is a form of government in which power is divided between a strong Federal (national) government & states.
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Why did the Anti-Federalists oppose the Constitution?
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Because it gave too much power to federal government, taking away too much from states. Absence of Bill of Rights -- failed to provide protection for certain individual liberties like freedom of speech and religion.
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When was the Constitution ratified?
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June 21, 1788, when New Hampshire became the 9th state to ratify (the other 4 states also ratified the Const., ending with Rhode Island in 1790). (MA, NH, RI, NY, PA, VA = opposed but rat.; NJ, DE, GA = supported; RI, NC = Rat. after Const. went into effect).
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Who was the Author of the Constitution?
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James Madison (Virginia)
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What is the Preamble?
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Introduces Constitution and sets forth general purposes for which the government was established. Declares power of government comes from the people.
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Article 1
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Legislative Branch
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Article 1, Section 1:
Congress |
Congress = 2 houses:
Senate House of Representatives |
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Article 1, Section 2:
House of Representatives |
House of Representatives
1. Population based; population census (ENUMERATION) to be held every 10 yrs. on zero years. 2. 1 rep:30,000 & ea. state having at least 1 3. elected every 2 yrs; vacancies filled by State 4. At least 25 yrs. old 5. US Cit. for 7 years 6. Live in state chosen to represent 7. Choose their own Speaker & other Officers 8. SOLE POWER OF IMPEACHMENT (Bring charges against an Official) |
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Enumeration
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Census or population count
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Impeachment
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Bring Charges against an Official
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Article 1, Section 3:
Senate |
1. 2 Senators per state (used to be chosen by state's legislature but later changed to people voting - 17th Amend)
2. Rolling election - "three classes" sorted upon election 3. 30 yrs old 4. 9 yrs. US Citizen 5. resident of state elected from 6. Vice President = President of Senate (no vote except in case of tie) 7. Choose their own Officers (President Pro Tempore = votes on behalf of VP) 6. SOLE POWER TO TRY IMPEACHMENTS - Under Oath; If president, Chief Justice of Supreme Ct. to preside; 2/3 vote to impeach 7. Judgment = removal from office (person impeached can later be tried in court from any crime) |
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Article 1, Section 4:
Elections |
States decide time, places, manner of election
Congress must meet 1 time / yr. |
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Article 1, Section 5:
Conduct of Business |
1. Quorum: must have a majority to do business.
2. Each house determines their own rules, punishment of members, etc. 2/3s majority to expel any member. 3. Keep records of proceedings and make it availabe to public (except where it needs to be secret) 4. Must meet in the same place and cannot be out of session for longer than 3 days unless agreed to by both Houses |
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Article 1, Section 6:
Salaries |
Congressional Salaries paid from US Treasury. Started at $6 per day, now $169,300/yr. (~$651/day). (can't hold another elected office)
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Article 1, Section 7:
Bills |
Tax Laws start in H.R. then to Senate
Path of Bill: HR then Senate then President. Bill returned to HR if President vetos it, 2/3 vote of BOTH houses to override veto. All legislation has to be approved by President (checks & balances) |
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Article 1, Section 8:
Enumerated Powers |
Lists specific powers (18) of Congress, including the power to establish and maintain an army and navy, to establish post offices, to create courts, to regulate commerce between the states, to declare war, and to raise money. It also includes a clause known as the Elastic Clause which allows it to pass any law necessary for the carrying out of the previously listed powers.
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Article 1, Section 9:
Limits on Congress |
Places certain limits on Congress. Certain legal items, such as suspension of habeas corpus, bills of attainder, and ex post facto laws are prohibited. No law can give preference to one state over another; no money can be taken from the treasury except by duly passed law, and no title of nobility, such as Prince or Marquis, will ever be established by the government.
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Article 1, Section 10:
Limits on the States |
Prohibits the states from several things. They cannot make their own money, or declare war, or do most of the other things prohibited Congress in Section 9. They cannot tax goods from other states, nor can they have navies.
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Article 2
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The Executive Branch
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