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43 Cards in this Set
- Front
- Back
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Mayflower Compact
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Mayflower Compact (1620): Pilgrims pledged to govern themselves
Developed their own ideas on how a gov’t should run |
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Montesquieu
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Montesquieu: Three functions of gov’t
Make laws Enforce Laws Interpret Laws CHECKS & BALANCES |
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Three types of colonies formed
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Royal
Proprietary Charter |
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Royal Colony
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Royal:
GA, MA, NY, etc. Britain directly ruled Crown appointed a royal governor to carry out orders Conflicts: Taxes, trade |
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Proprietary
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Proprietary:
DE, MD, PA Ruled by proprietors that were granted their land from the Crown Free rule (generally) Proprietors appointed governor |
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Charter
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Charter:
CT, RI Est. by settlers that were granted rights by the Crown Elected officials to legislature |
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First Continental Congress
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Legislatures from all colonies (except GA) met in Philadelphia
Wrote “Declaration and Resolves” Demanded repeal of Intolerable Acts “Right to life, liberty, property” Boycott British goods |
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Second Continental Congress
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All 13 colonies represented
Congress could: Organize Army Issue currency Borrow $ Negotiate with other countries |
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Declaration of Independence
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July 4, 1776
Formal declaration of ending ties with Britain “Life, Liberty, and the Pursuit of Happiness” If gov’t becomes destructive, the people can change/abolish it |
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Articles of Confederation
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Legislative Branch had supreme power
(NO executive or judicial branch) Unicameral: One house States sent one delegate Certain powers went to national gov’t War/peace, foreign affairs, Navy, troops, coin $, post office, etc. |
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Problems with Articles of Confederation
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BUT …
Congress couldn’t tax or regulate trade between states Couldn’t force states to obey laws No loyalty to federal government! It took 9 states to pass a motion, hard to get them to agree Couldn’t pay debts No national court system or anyone to enforce laws |
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Virginia Plan
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Three branches of government
Legislative Bicameral: Two houses House: Dependent on population Senate: Chosen by House Reps Executive & Judicial Chosen by legislative branch Less populated states wouldn’t be represented |
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New Jersey Plan
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Three branches of gov’t
Legislative: Unicameral: Each state would get one vote in Congress Power to tax and regulate all trade Executive: More than one person Chosen by Congress Judicial: Chosen by Congress |
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Three Fifths Compromise
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Southern states wanted slaves to be counted in determining the # of Representatives
Northern states wanted slaves to count as only 3/5 of a person |
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Federalists
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Wanted a strong central gov’t
Thought the Constitution would solve most problems George Washington James Madison Benjamin Franklin |
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Anti-Federalists
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Suspicious of a strong central gov’t
Didn’t want to alter the Articles of Confederation too much Patrick Henry Samuel Adams George Mason Wanted a Bill of rights |
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Main Ideas of the Constitution
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Limited Government
Constitutional Supremacy: Rule of Law |
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Rule of Law:
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Both the rulers and the ruled are bound by the same laws
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Constitutional Supremacy
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Constitutional/National laws are superior to those of the state
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Article I
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: Sets limits on the powers of government
Often considered the most important Focuses on legislative branch |
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Article II:
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Details of the powers of President and VP
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Article III:
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Powers of the judicial branch
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Delegated Powers (Generally)
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Powers given to the national government
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Reserved Powers
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Powers given to the states
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Delegated Powers: Enumerated
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Specifically named in the Constitution (ex: Taxing)
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Delegated Powers: Implied
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Indirectly expressed (ex: Necessary and Proper Clause)
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Delegated Powers: Inherent
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Belong to all gov’ts because they govern (ex: Printing paper $$)
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Reserved Powers
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Powers set aside for state governments
Ex: Control over local governments within each state |
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Concurrent Powers
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Powers that both national and state governments can exercise
Ex: Set up courts |
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Bill of Rights
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The first ten amendments to the Constitution
Protect civil liberties/rights |
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First Amendment
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Freedom of:
Religion Speech Press Right to: Assemble Petition the government |
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No Establishment Clause
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The government cannot establish an official religion
This is the basis of the separation of church and state |
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Second Amendment
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Right to keep weapons
Prevents national government from seizing weapons from state militias or the national guard |
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Third Amendment
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Prevents the government from requiring citizens to house soldiers during peacetime
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Fourth Amendment
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Protects from unreasonable search and seizure by the government/law enforcement
Must have “probable cause” and usually a search warrant |
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Fifth Amendment
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Protects people accused of crimes
Protects against double jeopardy: If a person has been found innocent of a crime they cannot be tried again (for the same crime) Protects against self-incrimination: One cannot be forced to testify against him/herself in court Government cannot deprive anyone of life, liberty and property without due process of law: Procedural: Gov’t must use fair practices in enforcing laws Substantive: Laws must be fair (constitutional) |
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Sixth Amendment
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Rights of those accused of crimes:
Speedy trial Impartial jury Must be informed of charges Entitled to a lawyer Witnesses to testify on their behalf |
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Seventh Amendment
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Civil cases:
Contractual disputes Damage to an individual or group A jury trial is guaranteed if the value of the controversy exceeds $20 |
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Eighth Amendment
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More rights of the accused:
Courts cannot set excessive bail/fines Forbids cruel and unusual punishment |
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Ninth Amendment
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States that Americans have many more rights than listed in the Constitution
Privacy To join political groups Campaign for public office Travel freely around the country |
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Tenth Amendment
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Powers not specifically given to the national government NOR prohibited by the states belong to the states or the people
States are responsible for safety, health, education, etc. |
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*Fourteenth Amendment*
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Grants citizenship to former slaves
More importantly it defines: Rights of citizens Privileges of citizens Due process as applicable to the states Equal Protection Clause |
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Changing the Constitution
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The Constitution is flexible---changed 27 times
2/3 of both house of Congress propose an Amendment Approval in two ways: ¾ of the states legislatures (or 38 states) Conventions called by Congress |
