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31 Cards in this Set

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Bill of Rights
First 10 amendments to the Constitution; used by Federalists to gain support for ratification of the Constitution; coordinated by James Madison as Speaker of the House of Representatives; ratified in December, 1791; first 8 protect individual rights, last 2 enumerate federal powers.
- James Madison made the bill of rights one of the first items of business in the New House of Rep.
- Madison drew the first eight from the Virginia Dec. of Rights
o Provided fundamental individual rights
' Freedom of religion
' Press
' Speech and assembly
- 9th and 10th declared them enumeration of rights
- The states voted separately on each amendment
- Passes Dec 15 1791
- The opponents of the gov believed that all people were prone to corruption and that no one could be trusted
- No rights for African Americans and Indians
Alexander Hamilton
New York representative to Constitutional Convention; Federalist; first Sec of the Treasury; architect of financial plan (funding and assumption, national bank, federal excise tax) for federal government under Constitution; killed by Aaron Burr in 1804
- Federalist leader
- Causes most problems but lasting legislation
- 1st secretary of State Treasury
- Envisioned an assertive gov. that encouraged new fields of enterprise and fostered investment and entrepreneurship
- Created the National Bank to provide:
o Uniform of national currency
o Source of expanding capitol
- Proposed tax on whiskey
o Angered farmers because it taxed their most profitable commodity
- Feared anarchy and loved order
James Maddison
Virginian; “Father of the Constitution” – first Speaker of the House of Representatives; coordinated passage of the Bill of Rights; became an anti-federalist after the Constitution was ratified; strong supporter of Thomas Jefferson; 4th president of the United States; president during the War of 1812
- Anti-federalist - Republican
- Opposed Alexander Hamilton’s ideas
Thomas Jefferson
Virginian; ambassador to France during Am Revolution; leader of Anti-federalists (Jeffersonian Republicans); 1st Sec of State; 3rd president of the United States; responsible for the LA Purchase; founded University of Virginia
- Republican or Democratic Rep
- Against all Hamilton’s ideas
- Very well educated
- Feared tyranny and loved liberty
- Ideal America where small farmers predominated
- Becomes VP under John Adams
- Against Adams
George Washington
Virginian; Commander in chief of the Continental Army; President of the Constitutional Convention; Federalist; 1st president of the United States
- Held things together
- Federalist
- Won a unanimous election
- Issued neutrality proclamation when American peole wanted no part in the European War while they were an ally to France
- Achievements:
o 3 new states: Vermont, Kentucky, Tennessee
o Organization of a national government
o Growing economy and national credit
John Adams
Massachusetts; Federalist; strongly favored American independence; European ambassador to England after Revolution; VP under G Washington; 2nd president of the United States; first president to live in White House
- 2nd president of America in 1800
- 1st vice president
- Husband to Abigail Adams
- Federalist
- Acted to restore relations with France
- First to live in white house
- Independence
- Massachusetts lawyer,
- a leader in the Revolutionary movement and the Continental Congress,
- a diplomat in France, Holland, and Britain,
Alien and Sedition Acts
4 extreme laws passed by Federalist Congress in 1798; purpose was to punish Jeffersonain Republicans; Alien Act, Alien Enemies Act, Naturalization Act reflected Federalist hostility to foreigners (who usually became Jeffersonian Republicans when they became citizens); Sedition Act forbade writing, publishing, or speaking anything unfavorable to the government; Jeffersonian Republican reaction was Kentucky and Virginia Resolutions
- 1798
- Limited freedom of speech and the press and the liberty of aliens
- Wave of patriotic war fever
- Greatest mistake of Adams presidency
- Proposed by extreme Federalists
- Authorized the president in time of war to expel or imprison enemy aliens at will
- High misdemeanor any conspiracy aganst legal measures of the gov
- Interposition
Kentucky and Virginia Resolutions
Drafted in 1798 by Jefferson and Madison as response to Alien and Sedition Acts; put forth state-compact theory (since the Constitution was a “compact” among the states, then the states had the right to say when Congress had exceeded its powers); put forth interposition theory (states could use their judgment on an act of Congress and nullify it if they thought it was unconstitutional)
- 1798-88
- Jefferson and Madison drafted to offset the Alien and Sedition Acts
- Denounced the ASA infractions of the constitutions rights
- the resolutions advanced the state-compact theory that held states could nullify an act of Congress if they deemed it unconstitutional
- Neither Kentucky or Virginia took stages to nullify or interpose its authority in the enforcement of the Alien and Sedition Acts
Louisiana Purchase
area between Mississippi River and Rocky Mountains; under control of France; Napoleon sold it to US for $15 million in 1803; doubled size of US; gave US permanent access to Mississippi River and port at New Orleans; no northern, southern, or western boundaries set; greatest achievement of TJ presidency
- Greatest single achievement in Jeffersons presidency
- Doubled the US territory
- US bought all of Louisiana from France for 15 million
- Nepolean sold it to Jefferson
- 1803
- West of the Mississippi to the Rocky Mountains
- Gave US acces to the Mississippi River
- No boundaries to the south or north
Lewis and Clark Expedition
mapping expedition to far Northwest; authorized by Congress; 1804-1806; organized by Jefferson; Meriwether Lewis and William Clark; St. Louis up the Missouri River, across the Rocky Mts, down Snake and Columbia rivers to Pacific Ocean; returned through Yellowstone to St Louis; gave United States claim to the Oregon Country
- Jefferson asked congress to finance a mapping and scientific expedition to explore the far Northwest
- Took detailed journals and drew maps of the unexplored regions
- Indians taught them how to hunt
- Corps of Discovery – named
- 1804
Arron Burr
New York; vice president under Thomas Jefferson; killed Alexander Hamilton in a duel in 1804 - never punished; was later involved in schemes to take over Louisiana Territory, was tried for treason but found not guilty; became a farmer and lawyer in New York
- Vice president
- Killed Alexander Hamelton in 1804
- Wanted to set secession of Louisiana and set up an independent republic
- He stayed out of NJ and NY so he could not get arrested
- Brought before John Marshal in Virginia for treason
- Escaped because the definition of treason did not fit his crime
Marbury Vs. Madison
Supreme Court case handed down in 1803 by Chief Justice John Marshall and Federalist court; declared a portion of the Judiciary Act of 1789 unconstitutional; established the principle of judicial review (only Supreme Court can determine the constitutionality of a federal law); basis of United States constitutional law
- Struck case by Adams “midnight appointments
- 1st which Supreme Court asserted its right to declare an act of Congress unconstitutional
- Marbury sued Madison to deliver his commission
- “judicial review”
- Questioned the Judiciary Act of 1789, it contradicted the Constitution
- Chief Justice Marshall ruled that the law was unconstitutional
- Ruling established that the Supreme Court had the right and duty to determine if a law was constitutional or unconstitutional
- Most important case decided in regards to constitutional law
- Decision handed down in 1803
Articles of Confederation
First government after Declaration of Independence; took affect in 1781; ineffective because no central authority (reaction to oppressive royal control) - merely league of equal states; all states had to approve any amendments; no taxing authority; no military authority; did have good land policies (NW Ordinances of 1785 and 1787); was replaced by US Constitution
" Took affect in 1781
" Had trouble getting measures approved because 9 states at to approve an article
" To amendments to the articles needed an unanimous approval by the states
" States were in no mood for a centralized government at this time
Northwest Ordinance of 1787
did not “create” the territory – the territory was already there – it established conditions for settling the territory – just tell me what those conditions were
" Created the Northwest Territory (area north of the Ohio River and west of Pennsylvania),
" established conditions for self-government and statehood,
" included a Bill of Rights,
" permanently prohibited slavery.
" Formal procedure for transforming territories into states
" Each state was admitted as equal
Federalists
" George Washington, John Adams and Alexander Hamilton
" Wanted a stronger centralized government
" Wanted the constitution
" In 1801 the federalists party was over ruled by the Republican party
No, the Republican party just won the presidential election in 1801
Constitutional Convention
Met to revise Articles of Confederation – ended up writing new Constitution – who were some of the main figures involved?
" Meeting in Philadelphia,
" May 25-September 17, 1787,
" representatives from twelve colonies-excepting Rhode Island-to revise the existing Articles of Confederation;
" convention soon resolved to produce an entirely new constitution.
James Madison
" "Father of the Constitution," because he served a major role in drafing the constitution
" Federalist leader
" fourth President of the United States.
" Made the Bill of Rights an important and first order of business in the House of Representatives
" Drafted the proposal of the Virginia Plan
" Wants a National Bank
" Stronger centralized gov
" Wants a National University
" Pres till 1816
Virginia Plan
What was this a part of? Who presented it? Why? Another name for it? Part in green is not part of the VA Plan
" called for a strong central government and a two-house legislature apportioned by population.
" May 29 1787 James Madison drafted the proposal
" Called for separate legislative, executive and judicial branches
" Congress divided into two houses: a lower house chosen by popular vote and an upper house of senators elected by the state legislatures
New Jersey Plan
" New Jersey wanted one legislative body with equal representation for each state
" June 15 William Paterson submitted this plan
" Promoted the equal representation of the Senate
Anti-federalists
" Forerunners of Thomas Jefferson's Democratic-Republican party
" opposed the Constitution as a limitation on individual and states' rights, which led to the addition of a Bill of Rights to the document
" Included Thomas Jefferson and James Maddison
Daniel Webster
" A leading attorney who argued many famous cases in the Supreme Court.
" Congressman from New Hampshire
" senator representing Massachusetts.
" Took part in the debate over the national bank by introducing the bank measure and pushing it through
" 1782-1852
" Webser - Ashburton Treaty
Henry Clay
" Whig party leader,
" Kentucky congressman and senator,
" Secretary of State under John Quincy Adams and an unsuccessful candidate for the Presidency in 1824, 1832, and 1844.
" Entered the Senate at age 28 despite the requirement that senators be at least 30years old
" First opposed but then asserted that new circumstances had made one indispensable Opposed what?
" 1777-1852
" “Great Compromiser”
John C. Calhoun
" South Carolina congressman, senator, vice president under John Quincy Adams as well as Andrew Jackson.
" At first a nationalist, he later became a defender of states rights.
" Introduced the bank measure and pushed it through — When? What bank measure?
" In 1817 he put through the House a bill to place in a fund for internal improvements
" Headed the War Department
" 1782-1850
James Monroe
Monroe Doctrine?
" Virginia senator
" anti-federalist
" became the Fifth President of the United States.
" “Era of Good Feelings” What is this? Why called that?
" Allowed the National Bank to be established
" Republican
Missouri Compromise
Tallmadge Amendment? Why slave/free a problem now when not before?
" Deal proposed by Kentucky senator Henry Clay to resolve the slave/free imbalance in Congress that would result from Missouri's admission as a slave state;
" March 20, 1820,
" Maine's admission as a free state offset Missouri,
" slavery was prohibited in the remainder of the Louisiana Territory north of the southern border of Missouri.
3/5 Compromise
" Part of the constitution
" For taxation and representation
" Each slave counted for 3/5 of a person
" Compromise between the north and south
" Reached during the Philadelphia Convention in 1787
Article I
" From the US Constitution describes the powers of the legislative branch of the federal government
" Congress consists of a House of Representatives and the Senate
" Outlines the legislative procedure, limits and powers
Article II
" United States Constitution
" creates the executive branch of the government,
" comprising the President and other executive officers.
Article III
" United States Constitution establishes the judicial branch of the federal government
" the judicial branch comprises the Supreme Court of the United States along with lower federal courts established pursuant to legislation by Congress.
" Case must start in lower court for trial and work its way up to be entered into the Supreme Court
Article V
How does an amendment start? Where?
" Apart of the US Constitution
" Describes the process where the Constitution can be altered
" To amend an amendment 2/3 of the state legislatures must agree
" To ratify ¾ of state legislatures must agree
" may not deny any state its equal right to vote in the Senate without its consent
John Marshall
" Chief Justice of the Supreme Court in 1801-1835
" he believed in strong federal government.
" His most enduring decisions included Marbury v. Madison, Dartmouth College v. Woodward, Gibbons v. Ogden. and McCulloch v. Maryland where he affirmed the principle of judicial review of legislative acts
" Secretary of State for John Adams
" Pilar of judicial nationalism
Necessary and Proper clause
To make all laws which shall be necessary and proper for carrying into execution the powers given to the government by the Constitution or any department or office of the Constitution
" Article 1 Section 8
" States that Congress has the right to declare war
" Congress enacts this right when it is necessary and proper within foreign affairs
Judicial Review
The right of the Supreme Court to determine the constitutionality of a law; established in 1803 in the case of Marbury v. Madison
"
became a precedent because of the landmark case Marbury v. Madison.
" This case established the right of the Judicial Branch of the government to declare a law unconstitutional.
" John Marshall, Chief Justice of the Supreme Court ruled that the portion of the Judiciary Act of 1789 allowing for the Writ of Mandamus was unconstitutional.
" This decision helped put the Judicial Branch on a more even footing with the Legislative Branch and later the Executive Branch as its power has grown of the years.
Original Jurisdiction
The level of the court in which a case can originate; all other cases will be appellate (appealed from a lower court or decision)
" the authority of a court to try a case in the first instance and give judgement according to the facts and evidences as distinguished from appellate jurisdiction which has already been tried but an appeal is made for review.
Adams-Onis Treaty
" 1819
" Settled a border dispute in North America between the US and Spain
" Result of incr. tensions between the US and Spain regarding territorial rights
" Settled a boundary dispute along the Sabine River in Texas and claims through the rocky Mountains and west to the Pacific Ocean in exchange for the US payin the Spanish Gov
McCulloch v. Maryland
states cannot tax the federal government; in cases where state and federal laws conflict, the federal law is supreme
" 1819
" U.S. Supreme Court decision in which Chief Justice John Marshall, holding that Maryland could not tax the Second Bank of the United States, supported the authority of the federal government versus the states.
Monroe Doctrine
" President James Monroe's declaration to Congress on December 2, 1823,
" that the American continents would be thenceforth closed to colonization but that the United States would honor existing colonies of European nations