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40 Cards in this Set
- Front
- Back
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Charles Beard
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framers of constitution were a minority elite and designed the const. for their own economic interests. "an economic document" based on concept of private rights of property being anterior to gov and morally beyond reach of majority.
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faction
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(Fed 10) violent division of people with opposing views to other factions.
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violence of factions
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when there is no check on people's self-interest (ex:Shays' rebellion)
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james madison
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writer of fed papers, thought factions exist b/c of diversity in faculties of men; view on human nature (fed51)=thought people will be selfish, gov is reflection of human nature, need checks and balances of power
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supremacy clause
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article 6 clause 2, declares supremacy and authority of the law
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separation of powers
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judiciary, executive, legislative + checks and balances
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alexander hamilton
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debate of const.; federalist; nationalist critique (w/ Morris and Madison)=states have too much power, congress not enough, too much democracy
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john jay
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establishment of gov under const.; author of fed papers to persuade people to ratify const.
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judicial branch
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branch of gov, supreme court
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legislative branch
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branch of gov, congress=house and senate
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executive branch
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branch of gov, pres and posse
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veto
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if pres doesn’t sign bill in 10 days-veto. To congress, 2/3 majority to become override veto and become law
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pocket veto
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as congress adjourns, if pres doesn’t sign in time…it goes without be signed or vetoed
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majority
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more people, used in voting; madison refers to it as overbearing and recieving all the benefits
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minority
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less
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republic
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scheme of representation, better b/c citizens of gov=elected, also greater # of citizens
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democracy
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society consisting of a small number of citizens who assemble and administer the gov in person, can't fix factions
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amendments
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first 10=bill of rights
anti fed argument |
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amend. I
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freedom of religion, speech, press, assembly; people can petition to gov for a redress of grievances
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amend. II
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right of people to keep and bear arms
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amend. V
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no double jeopardy-law against people being arrested for the same crime twice; right to remain silent until in a grand jury, except in army; no one is a witness to himself; only under law can someone be deprived of life, liberty and property; private property can’t go public w/o just compensation.
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amend. X
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if power is not delegated to the US by const. nor prohibited by it to the states, the power goes to the people
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powers of pres
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approve bills which then become laws
carry out laws veto bills call special sessions of Congress make treaties, appoint federal officials appoint federal judges grant pardons and reprieves for federal offenses (except in cases of impeachment and conviction) commander and chief, may send troops into foreign lands but must notify cong. within 60 days |
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powers of congress
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pass bills (H and S)
override presidential veto by 2/3 vote (HS) establish lower federal courts (HS) approve or reject appointments of federal judges (S) approve or reject appointments of federal officials (S) approve or reject treaties (S) impeach/accuse of misconduct president, federal officials, and federal judges (H) try impeached pres., federal officials, and federal judges and remove them from office if it convicts them (S) declare war, commerce regulation, maintaining armed forces, tax, make all laws that are necessary and proper to the functioning of the nation paid out of treasury |
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powers of congress prohibited by constitution
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pass a bill of attainder
Pass an ex-post factor law- punishment for disobeying law before the law was thought up. Suspend the right of habeas corpus (only allowed to do it in times of insurrection) |
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how bill becomes a law
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bill originates in senate/house->passed by majority->pres signs and becomes law OR pres doesn’t sign->back to congress->2/3 majority overrides veto
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how to pass amend. to const.
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originates in states or congress->2/3 state/congress approve attempt to change constitution->indiv. states must ratify it (7-10 years) ¾ states must agree
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prereq. of pres
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35 yrs old; born in America; have lived in US for 14 yrs
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prereq. of house
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25 yrs old; lived in US for 7 yrs; American citizen
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prereq. of senate
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30 yrs old; 9 yrs citizenship
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prereq. of SC
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NONE (pres nominates, house and senate vote to confirm)
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term for pres
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4 yrs; no more than 8 yrs (used to be reelected forever, but after FDR’s 4 terms, reelected only once)
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term for house
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2 yrs; so that “people” wouldn’t be in power for too long; can be reelected
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term for senate
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6 yrs; so that “elite” will have power longer; can be reelected
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term for SC
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LIFE
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year constitution was ratified
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1789 (dif states ratified up to may 29, 1790)
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3/5 clause
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if slaves were full people, the south would have many more representatives in House, so each slave is 3/5 of a person; compromise-congress agreed not to do anything about slavery until 1808
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how pres is elected
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electors for each state=number of senators and reps->each elector votes for 2 people->pres of senate counts votes->most votes by majority=pres, if equal votes then house votes, if no majority then five highest voted on by senate->second most votes=vice pres
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who elects house
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elected by people, proportional to state population
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who elects senate
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elected by house
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