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Malett/Guthrie - PAD
Unit 2 - The Constitution
| Question | Answer |
|---|---|
| Articles of Confederation: Strengths | Could appoint ambassadors Enter into treaties Regulate trade with Indians Settle border disputes |
| Articles of Confederation: Weaknesses | - Congress couldn't collect taxes. - Congress couldn't regulate trade. - Congress couldn't enforce its laws. - 9 state approval needed to enact laws. - Amendments needed the consent of all 13 states. - No executive branch or national court system. |
| Presidential Compromise | Question: How to elect the President (Directly, by Congress, or by State Legislators)? Result: President chosen by electors that were chosen by the states for 4-year terms, no term limits (yet) |
| Federalists vs. Anti-Federalists | Question: Need for national constitution? Result: National constitution with Bill of Rights (1st ten amendments) as first order of business. |
| Connecticut Compromise | Question: How should states be represented in Congress? Result: Bicameral Congress •House of Representatives – representation based on population (Virginia Plan) • Senate – Equal representation (2) for each state (New Jersey Plan) |
| Three-Fifths Compromise | Question: How should slaves be counted in terms of representation and taxation Result: Slaves counted as 3/5 of a person for both taxation and representation |
| Commerce and Slave Trade Compromise | Question: Should government revenue be raised by taxing exports? Result: Congress forbidden to tax exports and to pass laws against the slave trade for at least 20 years. |
| Preamble: Sets the purpose | • Form a more perfect union • Establish justice • Insure domestic tranquility • Provide the common defense • Promote the general welfare • Secure the blessings of liberty |
| Article 1 | Establishes the Legislative Branch |
| Article 2 | Establishes the Executive Branch |
| Article 3 | Establishes the Judicial Branch |
| Article 4 | Relationship between the central and state government |
| Article 5 | Amending the Constitution |
| Article 6 | Supremacy Clause (No law higher than the Constitution) |
| Article 7 | Ratifying the Constitution |
| 1st Amendment | Freedom of speech, religion, assembly, petition, & the press. |
| 2nd Amendment | Right to bear arms. |
| 3rd Amendment | No quartering troops in citizens' homes during peace time. |
| 4th Amendment | Protection from illegal search & seizure |
| 5th Amendment | Protection from self-incrimination and double jeopardy; government cannot take away life, liberty or property without due process; government must provide just compensation for eminent domain. |
| 6th Amendment | Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel |
| 7th Amendment | Right to a trial by jury in civil cases. |
| 8th Amendment | Protection from excessive bail and cruel and unusual punishment. |
| 9th Amendment | Protection of rights not specifically enumerated in the Constitution (Even if it’s not in the Constitution, you still have the right to it as long as it’s not in violation of someone else’s rights). |
| 10th Amendment | Powers not given to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. |
| 13th Amendment | Makes slavery unconstitutional. |
| 14th Amendment | Rights of a citizen and equal protection under the law. |
| 15th Amendment | Right to vote for all males regardless of race. |
| 17th Amendment | Direct election of Senators. |
| 18th Amendment | Prohibition - banning the sale, production, and transport of alcohol. |
| 19th Amendment | Women's Suffrage - the right to vote for all women. |
| 22nd Amendment | A president can only be elected to two, four year terms. Can serve up to 10 years if, as VP, took over for previous president and served no more than 2 years of their term. |
| 24th Amendment | States cannot require citizens to pay a poll tax as a requirement to vote. |
| 26th Amendment | 18 years old is the maximum minimum voting age |
| Freedom of Religion | The establishment clause (the government cannot establish a national religion) and the free exercise clause (people are free to practice any religion without government interference). |
| Limits on the freedom of speech | TIME, PLACE, and MANNER. For speech, be able to name times it can be limited (libel, slander, threats, incitement, in schools, & time/place/manner) |
| Tinker v. Des Moines | Students retain their right to free speech in schools as long as it doesn't interfere with the learning environment. |
| Texas v. Johnson | Laws against burning the flag are unconstitutional because they violate an individual's right to free speech (freedom of expression). |
| Miranda v. Arizona | Individuals arrested must be made aware of their rights, including the right to remain silent and the right to an attorney. |
| Mergens v. Westside Community School | A school ban on religious clubs violates the students' freedom of religion under the free exercise clause. The school does not violate the establishment clause if the clubs follow the same rules as other school sponsored clubs. |
| Separation of Powers | o 3 Branches, each with their own powers, roles, and responsibilities: Legislative: Makes the laws Executive: Enforces the laws Judicial: Interprets the laws |
| Legislative Branch checks the Executive Branch by: | o Appropriating funds to carry out programs and enforce laws o Can override veto with 2/3 vote o Removing the President through impeachment o Approving Treaties and Presidential appointments |
| Executive Branch checks the Legislative Branch by: | o Vetoing legislation o Calling special sessions of Congress o Recommending legislation o Appealing to the People |
| Legislative Branch checks the Judicial Branch by: | o Creating lower courts o Removing judges through improvement o Confirming or rejecting judicial nominations |
| Judicial Branch checks the Legislative Branch by: | o Declaring acts of Congress unconstitutional |
| Executive Branch checks the Judicial Branch by: | o Appointing Supreme Court judges o Appointing other Federal judges |
| Judicial Branch checks the Executive Branch by: | o Being appointed for life o Being free from executive control o Declaring executive actions unconstitutional |
| Sovereignty | • Supreme and absolute power within its own territory • Can decide its own foreign and domestic policies |
| Federalism | A system of government where power is shared between the central/national government and the provinces/states/local governments. |
| Amending the Constitution | It is a very difficult process and an example of Federalism because it must be: - Proposed by a 2/3 vote of both houses of Congress. - Ratified by 3/4 of state legislatures or state conventions. |
| Structure of the Articles of Confederation | - The Federal government's power was widespread and powerful. - No executive or judicial branches - No power to tax or enforce laws - Each state had one vote |
Created by:
cmguthrie35
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