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26 Cards in this Set

  • Front
  • Back

4 core values of America

Liberty, individualism, equality, self-government

Liberty

Free to act as you choose so long as you don't infringe on the rights of others

Individualism

Commitment to personal initiative and self-sufficiency

Equality

Equal in moral worth and should be equal under law

Self-government

Consent of people is ultimate source of governmental legitimacy

Order of events

British colonial era, declaration of independence, articles of confederation, constitutional concention, federalist paoers, ratification

Problem areas and the two Compromises

1) how to apportion representation


- New Jersey Plan


-Virginia Plan


-Great Compromise



2) how to count slaves


-3/5ths Compromise

New Jersey Plan

Small state plan- one statr, one vote in legislature

Virginia Plan

Large State plan- representation based on state population

Great Compromise

Bicameral legislature

3/5ths Compromise

Slaves to be counted as three fifths of a person for counting state population in HoR

Key Aspects of the Constitution

Separation of powers



Bill of Rights



Judicial review



Election

Separation of powers

Each of the 3 branches checks the other two



-Scotus can declare executive action unconstitutional or unlawful if not authorized by legislation. Can also interpret congressional acts and declare congressional action unconstitutional



-president can veto acts of congress, call Congress into session and execute/implement acts of Congress through executive agencies. President appoints SCOTUS justices



-Congress may impeach President, may override veto last investigate presidential or executive agency action, controls fubdibg. Congress determines size or Court System, confirms federal judges, may impeach judges

Bill of Rights

1st 10 amendments added to encourage key states to ratify constitution



1: freedom of press, speech, religion, and assembly


2: right to bear arms


3: housing of soldiers


4: protection from unreasonable searches and seizures


5: protection of Rights to life, liberty, and property


6: rights of accused person in criminal cases


7: rights in civil cases


8: excessive bails, fines, and punishments forbidden


9: other rights kept by the people


10: undefeated powers kept by the States and the people

Judicial review

Not specific in constitution, established Marbury v Madison

Election

Framers believed in representative government but we're suspicious of unchecked majorities, hence electoral college and senators chosen by state legislature (changed by 17th amendment)

Federalism

Sovereignty shared or divided between national and state governments.



Allows strong national government while protecting state rights. Response to weak national gov with Articles of Confederation that couldn't lrcy taxes or regulate interstate commerce or effectively manage defense

Key enumerated powers of federal government

Taxing, spending, interstate commerce, defense

Implied powers

Necessary and Proper clause: to take action needed to carry out enumerated powers

McCullough v Maryland

Constitutional valid national law is supreme over conflicting state law (supremacy clause)

Marbury v Madison

Judicial review is established with this case

Powers reserved to states by the 20th amendment are ______ used.

Rarely

Federalism in history

States' rights view originally stronger



Dred Scott



Dual Federalism era



Contemporary federalism

Dred Scott

Slaves remain property even if passed into states with no slavery

Dual Federalism era

The "layer cake", separating national and state authority into two distinct soheres. Ended by the New Deal, which greatly expanded federal Power



New Deal: a series of federal programs, public work projects, financial reforms and regulations enacted in the United States during the 1930s in response to the Great Depression.

Contemporary Federalism

"Marble cake". National government operates in many areas traditionally left to states. Often uses cooperative federalism (joint funding and administration) and fiscal federalism (federal funding, state administration)