Gov ch.2 – Flashcards

Unlock all answers in this set

Unlock answers
question
the colonists of the New World and their reasons for wanting to govern themselves
answer
they were independent people and felt like they couldn't use the same system as back at home
question
local participation in decision-making allowed the colonists by King James I
answer
he let them have some local participation such as the first elected colonial assembly (Ex: Virginia House of Burgesses) and the General Court that governed the Massachusetts bay colony
question
oppressive British traditions absent in the new world
answer
feudalism, a rigid class system, and the absolute authority of the king
question
mercantilism
answer
an economic theory designed to increase a nation's wealth through the development of commercial industry and a favorable balance of trade
question
French and Indian War
answer
1756-1763, fought on the Western fronteir and in Canada, part of a global war initiated by the British, fought with england vs french & indians, cause was land claims and it was resolved by the Treaty of Paris
question
Treaty of Paris 1763
answer
ended the French & Indian war, made the people expect to be able to settle the west because the Indian problem was under control
question
Stamp Act of 1765
answer
required all paper items bought and sold in the colonies carry a stamp mandated by the crown, faced major opposition by the colonies because they feared that it would set a precedent for parliament to raise taxes without colonial approval
question
quartering act of 1765
answer
required colonists to furnish barracks or provide living quarters within their own homes for british troops
question
Samuel Adams and Patrick Henry
answer
led the sons of liberty
question
sons and daughters of liberty
answer
started riots and protested against acts of the parliament
question
protests and boycotts
answer
often protested violently (burning the colonial governor's home) and boycotted goods needing the stamps/British imports in general
question
stamp act congress of 1765
answer
meeting of representatives of 9 of 13 colonies held in NYC in 1765, during which representatives drafted a document to send to the king listing how their rights had been violated
question
townshend act of 1767
answer
imposed duties on all kinds of colonial imports, boycotted tea and other goods to show resistence
question
committees of correspondence
answer
organizations in each of the american colonies created to keep colonists abreast of developments with the British; served as powerful molders of public opinion against the British
question
tea act of 1773
answer
passed by parliament to grant a monopoly to the east india tea company to sell imported tea from Britain
question
Boston Tea Party
answer
december 16, 1773; colonists threw a shipment of tea in the boston harbor in protest of the tea act
question
coercive acts of 1774 (intolerable acts)
answer
king george's 1st act of retaliation to the Boston Tea Party, contained a key provision calling for a blockade on the boston harbor and it reinforced the quartering act
question
first continental congress 1774
answer
meeting held in Philadelphia from 9/5-10/26 1774 in which 56 delegates from everywhere but Georgia adopted a resolution in opposition to the Coercive acts
question
declaration of rights and resolves
answer
drafted @ 1st continental congress, called for colonial rights of petition and assembly, trial by peers, freedom from a standing army, and the selection of representative councils to levy taxes
question
second continental congress 1775
answer
meeting then convened in philadelphia on 5/10/1775 at which was decided that an army should be raised and George Washington of Virginia was named commander in chief
question
olive branch petition
answer
adopted on 7/5/1775, asked king to end hostilities, George rejected it and sent 20000 more troops to quell the rebellion
question
thomas paine and common sense
answer
pamphlet forcefully arguing for independence from Great Britain, denounced the British monarchy and offered reasons to break from GB
question
resolution by Richard Henry Lee of Virginia on 7/7/1776
answer
wrote a 3 part resolution with famous quote "..and of right to be free and independent states"
question
3 parts of lee's resolution
answer
independence, formation of foreign alliances, a preparation of confederation
question
confederation
answer
type of government where the national government derives its powers from the states; a league of independent states
question
declaration of independence
answer
document drafted by Thomas Jefferson in 1776 that proclaimed the right of the american colonies to separate from Great Britain
question
Thomas Jefferson
answer
penned the declaration of independence/chairperson
question
John Locke and the Declaration of Independence
answer
Locke's ideas were heavily drawn upon in the declaration
question
articles of confederation
answer
the compact among the 13 original states that was the basis of their government, written in 1776, not ratified by all states until 1781
question
a confederation derives all its powers from the states
answer
Unlike GB's unitary system of government, wherein all of the powers of the government reside in the national government, the national government in a confederation derives all of its powers directly from the states. Thus, the national government in a confederacy is weaker than the sum of its parts, and the states often consider themselves independent nation-states linked together only for limited purposes such as national defense.
question
key provisions of the articles of confederation
answer
1- A national government with congress empowered to make peace, coin money, appoint officers for an army, control the post office, and negotiate with Indian tribes 2-each state's retention of its independence and sovereignty, or ultimate authority, to govern within its territories 3-one vote in the continental congress for each state, regardless of size 4-the vote of 9 states to pass any measure and a unanimous vote for any amendment to pass 5-selection and payment of delegates to the congress by their respective state legislatures
question
the critical "period" from 1781-89
answer
a chaotic period when the former colonies were governed under the articles of confederation was known as the critical period because it was hard to govern the nation under the articles and nothing could be accomplished
question
effects of the weaknesses of the articles of confederation- no power to tax
answer
taxes on land, liquor etc were proposed but rejected because congress had no specific power to tax thus the government had little revenue in this respect
question
effects of the weaknesses of the articles of confederation-no resources to back its national currency
answer
the national government could coin money but it had no resources to back up the value of its currency, continental dollars were worth little
question
effects of the weaknesses of the articles of confederation- no power to regulate commerce among the states or with foreign nations
answer
interstate trade was complicated because states began to coin their own money, congress couldn't regulate commerce so individual states made their own agreements with foreign nations and these other countries were suspicious of trade agreements with the congress of the confederation
question
effects of the weaknesses of the articles of confederation- no chief executive to execute the laws
answer
they feared a president would rule tyrannically so they didn't have one to implement laws, the president was merely the presiding officer at meetings
question
effects of the weaknesses of the articles of confederation- no judicial system
answer
they had no judicial system to handle the growing number of economic conflicts and land disputes
question
effects of the weaknesses of the articles of confederation- no strong central government
answer
after the war states went back to doing their own thing and were unwilling to give up rights to a national government, this led us not to be able to enforce the treaty of paris
question
dissatisfaction of Washington and Hamilton with Articles of Confederation
answer
they saw the need for a stronger national government with the authority to act to solve problems with the economy, by 1785-85 other state governments began discussing how to strengthen the national government
question
requirements for voting and holding office
answer
in Massachusetts in 1780, the new constitution set property owning requirements that barred the lower and middle classes from voting and office holding.
question
factors leading to shay's rebellion
answer
As Massachusetts economy worsened, banks foreclosed on the farms of many Massachusetts continental army veterans who were waiting for promised bonuses that the national gov had no funds to pay, the last straw was in 1786 when Massachusetts legislature enacted a new law requiring the payment of all debts in cash
question
daniel shays
answer
the 1786 Massachusetts law requiring debts to be paid in cash pushed him over the edge, he was a former Massachusetts Continental army captain who organized 1500 armed farmers to march to springfield mass
question
shay's rebellion
answer
a 1786 rebellion in which an army of 1500 disgruntled and angry farmers led by daniel shays marched to springfield mass and forcibly restrained the state court from foreclosing mortgages on their farms
question
national and state response to shays rebellion
answer
the failure of the congress to muster an army to put down the rebellion provided a dramatic example of the weaknesses inherent in the articles of confederation and shocked the nation's leaders into recognizing the new government's overwhelming inadequacies
question
implications for government of shays rebellion
answer
it prompted several states to join together to call for a convention in philadelphia in 1787
question
constitutional convention of 1787
answer
in the throes of economic turmoil and with domestic tranquility gone haywire, the congress passed an official resolution, it called for a constitutional convention in phili for "the sole and express purpose of revising the articles of confederation", here came about the virginia and new jersey plans, the virginia plan was triumphant and the basic structure of the new gov was complete but the constitutional convention was not complete
question
secrecy attendant to the convention
answer
the 55 delegates in attendance at the constitutional convention were barred from speaking about what went on, all work was conducted behind closed doors and washington cautioned everyone not to reveal details even to family members
question
founding fathers
answer
all of the delegates at the constitutional convention were men so thus they are called the founding fathers, most were young and in their 20-30s and only ben franklin (81) was old, we generally refer to them as the framers bc their work provided the framework for our government
question
constitution
answer
a document establishing the structure, functions, and limitations of a government
question
charles beard's an economic interpretation of the constitution
answer
beard argued that the 1780s were a critical period not for the nation as a whole but rather for businessmen who feared that a weak, decentralized government could harm their economic interests; argued merchants wanted a strong national gov to promote industry and trade, to protect private property, and ro ensure payment of the public debt and therefore the constitution represented an economic document drawn with superb skill by men whose property interests were immediately at stake
question
progeny of beard's work
answer
beard's view had fallen into disfavor in the 1950s when other historians were unable to find direct links between wealth and the framers motives for establishing the constitution and others faulted beards failure to consider the impact of religion and individual views about government, by the 1960s historians argued for social and economic factors as important motives for the constitution
question
virginia plan
answer
the first general plan for the constitution, proposed by james madison and edmund randolph; its key points were a bicameral legislature, an executive chosen by the legislature, and a judiciary also named by the legislature
question
new jersey plan
answer
a framework for the constitution proposed by a group of small states; key points were a one house legislature with one vote for each state, the establishment of the acts of congress as the supreme law of the land, and a supreme judiciary with limited power
question
problems between small states desire for equal representation in new congress and large states demand for proportional representation
answer
this was the most serious disagreement, connecticut came up with the compromise to have the house's representation be based on size and the senate's representation be based on equal vote
question
great compromise
answer
a decision made during the constitutional convention to give each state the same number of representatives in the senate regardless of size; representation in the house was determined by population
question
problems arising from regional differences
answer
slavery, which formed the basis of much of the southern states' cotton economy, was one of the thorniest regional issues to address; to reach an agreement on the constitution, the framers had to craft a compromise that balanced southern commercial interests with comparable northern concerns; northerners agreed to support slave trade for 20 more years and banned taxing exports for 25 years to protect the cotton trade while southerners consented to a provision requiring only a majority vote on navigation laws and the national gov could regulate foreign commerce and the senate could ratify treaties by a 2/3 majority
question
3/5 compromise
answer
Agreement reached at the constitutional convention stipulating that each slave was to be counted as 3/5 of a person for purposes of determining population for representation in the US house of representatives
question
concerns of the framers over a chief executive
answer
they agreed on the idea of a one person executive but could not settle on the length of the term of office or on how the chief executive should be selected, they feared putting too much power into the hands of lower classes and the smaller states feared that selection of the president by the legislature would put more power into the hands of bigger states
question
recommendations of the committee on unfinished portions
answer
their sole responsibility was to iron out problems and disagreements concerning the office of chief executive, they recommended the term be 4 years and by choosing not to mention a period of time within which the president could be reelected they made it possible for the president to serve more than one term
question
electoral college
answer
the framers created the electoral college and drafted rules concerning removal of a sitting president, the electoral college system gave individual states a key role because each state selected electors equal to the number of representatives it had in the house and senate, removed the election of president and vice president from the congress and the people and put it in the hands of electors whose method of selection would be left to the states
question
hamilton in federalist no. 68
answer
he mentioned the electoral college was fashioned to avoid the tumult and disorder that the framers feared could result if the masses were allowed to vote directly for president and instead the selection was left to a small number of men who possessed the info and discernment requisite to decide the complicated business of selecting the president
question
impeachment and removal
answer
the house of rep was given the sole responsibility of investigating and charging a president or vice president with treason bribery or other high crimes and misdemeanors, a majority would result in issuing articles of impeachment against the president or vice president; the senate was given the responsibility to try the president or vice president on the charges issued by the house, a 2/3 vote of the senate was required to convict and remove the president or the vice president from office while the the chief justice presided over the senate proceedings
question
early draft of the preamble
answer
the phrase we the people ended the question of from where the government derived its power: it came directly from the people; it originally listed we the people of individual states but it was changed to of the united states to proclaim that a loose confederation of states no longer existed
question
final draft of the preamble
answer
the final draft explained the need for the new outline of gov: "in order to form a more perfect union" indirectly acknowledged the weaknesses of the articles of confederation; the optimistic goals of the framers for the new constitution were set out: "establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity; followed by the formal creation of a new gov: "do ordain and establish this constitution for the united states of america"
question
montesquieu
answer
the proposed structure of the new national gov owed much to the writings of french philosopher montesquieu who advocated distinct functions for each branch of gov,called separation of powers, with a system of checks and balances between each branch
question
separation of powers
answer
a way of dividing power among three branches of gov in which members of the house of rep, members of the senate, the president, and the federal courts are selected by and responsible to different constituencies
question
checks and balances
answer
a governmental structure that gives each of the 3 branches of gov some degree of oversight and control over the actions of the others
question
federalism
answer
principle that the federal gov derived its power from the citizens, not states, as the national gov had done under the articles of confederation
question
federal system
answer
plan of government created in the us constitution in which power is divided between the national government and the state governments and in which independent states are bound together under one national government
question
3 key features of separation of powers
answer
1-three distinct branches of government: the legislative, the executive, and the judicial 2-three separately staffed branches of government to exercise these functions 3-constitutional equality and independence of each branch
question
different means of selecting federal officers
answer
initially members of the house, senate, the president, and members of federal courts were selected by and therefore responsible to different constituencies. madison felt this would divide the offices of the new gov and their methods of selection among many individuals, providing the office older with the necessary means and personal motives to resist encroachment on his or her power
question
how senators originally elected under the constitution
answer
originally the selection of senators was placed with state legislators, making them more accountable to the states
question
Seventeenth amendment
answer
ratified in 1913, called for direct election of senators by the voters
question
separation of powers and checks and balances under the us constitution
answer
there isn't a pure system of separation of powers because of checks and balances, this symbiotic relationship has existed from the very beginning
question
marbury vs madison
answer
1803, decided that judicial interpretation/judicial review was allowed; it helps clarify the implementation of legislation enacted
question
article 1- legislative branch
answer
vests all legislative powers in the congress and established a bicameral legislature, consisting of the senate and the house of rep; sets qualifications for holding office in each house, the terms of office, the methods of selection of representatives and senators, and the system of apportionment among the states to determine membership in the house of rep
question
article 1-enumerated powers
answer
17 specific powers granted to congress under article 1 section 8 of the us constitution; these powers include taxation, coinage of money, regulation of commerce, and the authority to provide for a national defense
question
article 1-necessary and proper clause (elastic clause)
answer
the final paragraph of article 1 section 8 of the us constitution which gives congress the authority to pass all laws necessary and proper to carry out the enumerated powers specified in the constitution; also called elastic clause
question
article 1-implied powers
answer
powers derived from the enumerated powers and the necessary and proper clause, these powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers
question
article 2-executive branch
answer
vests the executive power in a president of the us, section 1 sets the presidents term of office at four years and explains the electoral college and states the qualifications for office and describes a mechanism to replace the president in case of death, disability, or removal
question
article 2-important powers of the president in section 3
answer
section 3 sets out the powers and duties of the president-presidents role as commander in chief, the authority to make treaties with consent of the senate, the authority to appoint ambassadors other public ministers and consuls, the judges of the supreme court, and all other officers of the united states, etc;
question
article 2-state of the union address
answer
president must report to congress the state of the union address and to take care that the laws be faithfully executed
question
article 2-section 4
answer
section 4 states how the president vp and other officers can be removed from office;
question
article 3-supreme court
answer
article 3 establishes supreme court, they cab settle disputes between states or between a state and the national gov; ultimately the supreme court determines what provisions of the constitution actually meant
question
article 3-congress and the lower courts
answer
smaller states feared a strong unelected judiciary would trample on their liberties so congress was allowed to establish lower national courts; thus state courts and the national court system would exist with distinct areas of authority
question
article 3-appointments for life
answer
some wanted the president to be able to get rid of judges but judges were given appointments for life presuming good behavior, salaries cannot by lowered while they hold office
question
articles 4 through 7
answer
remainder of articles attempted to anticipate problems that might occur in the operation of the new national government as well as its relations to the states
question
article 4 and full faith and credit clause
answer
mandates that states honor the laws and judicial proceedings of the other states and it also includes mechanisms for admitting new states into the union
question
article 5 and amendments
answer
specifies how amendments can be added to the constitution, the bill of rights was one of the first orders of business when the first congress met in 1789 and since then only 17 amendments have been ratified
question
article 6 and the supremacy clause
answer
contains supremacy clause which asserts the basic primacy of the constitution and national law over state laws and constitutions, because of the supremacy clause legitimate exercises of national power supersedes any state law or action called preemption
question
supremacy clause
answer
portion of article 6 of the constitution mandating that national law is supreme to all other laws passed by the states or by any other subdivision of government
question
article 6 and no religious test for public office
answer
mindful of the potential problems that could occur if church and state were too enmeshed, strengthens the separation of church and state guarantee that was quickly added to the constitution when the first amendment was ratified
question
article 7 and ratification
answer
7th article concerns the procedures for ratification of the new constitution of the new constitution- 9 of 13 states would have to agree to its new provisions before it would become the supreme law of the land
question
letter from george washington with the proposed constitution sent to the second continental congress
answer
summed up the sentiments of the framers and the spirit of compromise that had permeated the long weeks in phili
question
who favored the proposed constitution in the second continental congress
answer
wealthy merchants, lawyers, bankers, and those who believed that the new nation could not continue to exist under the articles of confederation
question
federalists
answer
those who favored a stronger national government and supported the proposed us constitution; later became the first us political party
question
antifederalists
answer
those who favored strong state gov and a weak national government and opposed the ratification of the us constitution
question
publius
answer
latin for people, it was a pen name under 85 articles in newspapers in new york, where ratification was in doubt
question
alexander hamilton, james madison, and john jay
answer
writers of publius; hamilton wrote 51 (new yorker) madison wrote 26 (virginian) these two jointly penned 3 and jay wrote 5 (new yorker)
question
the federalist paper
answer
a series of 85 political papers written by jay hamilton and madison in support of ratification of the us constitution
question
federalist no 10
answer
said the new constitution was a republican remedy for the disease incident to republican government
question
brutus and cato
answer
anti feds responded to the federalist papers with their own series of letters and the pen names were brutus and cato, these were line by line critiques of the constitution
question
anti federalist arguments
answer
a strong central gov would render the states powerless, the strengths of gov were in the articles and the constitution did not create a true federal system, the strong national gov would tax heavily, supreme court will overwhelm the states, president will eventually have too much power
question
madison answers the criticisms raise by the anti federalist in federalist nos. 10 and 51
answer
madison said federalist no 10 was wrong to say voters would succeed in electing enlightened statesmen in their representatives and he claimed the greatest threat would come from factions within the gov, in federalist no 51 he argued that the proposed federal gov's separation of powers would prohibit any one branch from either dominating the national gov of violating the rights of citizens
question
submission of the bill of rights as political compromise to assuage anti federalist fears
answer
bill of rights was used to get north carolina and other anti fed states to ratify the constitution
question
bill of rights
answer
1st ten amendments to the us constitution
question
proposed amendments sent to the states for ratification
answer
an amendment authorizing the enlargement of the house and another to prevent members of the house from raising their own salaries failed to pass but the bill of rights were ratified
question
twenty seventh (madison) amendment
answer
madison proposed that any salary increase for members of congress could not take effect until the next session of congress two centuries before the plan would pass as the 27th amendment
question
bill of rights sought by the anti federalists
answer
the bill of rights was sought by anti feds as a protection for individual liberties so they offered many specific limitations on the national gov's ability to interfere with a wide variety of personal liberties
question
protections and guarantees of the bill of rights
answer
the bill of rights includes numerous specific protections of personal rights such are freedom of expression, speech, press, religion, and assembly; it also contains safteguards for those accused of crimes. the right to bear arms and the right not to have soldiers quartered in private homes were reactions to British rule and the 9th amendment gives enumerated rights not specifically listed, the 10th states that powers not given to the national government are reserved by the states
question
reasons for the formal amendment process to be a slow one
answer
the framers did not want to form a gov that could be too influenced by the whims of the people so they made the formal amendment process a slow one to ensure that the constitution was not impulsively amended
question
article 5 of constitution
answer
creates a two stage amendment process: proposal and ratification; constitution specifies two ways to accomplish each stage.
question
two stage amendment process
answer
proposal and ratification are the two stages
question
two methods of proposal
answer
amendments can be proposed by 1) a vote of 2/3 of the members in both houses of congress 2) a vote of 2/3 of the state legislatures specifically requesting congress to call a national convention to propose amendments
question
ratification must occur in one of two ways
answer
when congress votes to propose and amendment the constitution specifies that the ratification process must occur in one of two ways 1) a favorable vote in 3/4 of the state legislatures or 2) a favorable vote in specially called ratifying conventions in 3/4 of the states
question
18th and 21st amendments
answer
18th was ratified by a vote in state legislatures, 21st was sent to the states for ratification with a convention and not a vote in the state legislatures
question
ERA
answer
the intensity of efforts to amend the constitution has varied depending on the nature of the change proposed. the 21st amendment took only 10 months to ratify but the equal rights amendment was introduced from 1923 to 1972 when congress finally voted in favor of it
question
reaction to texas v johnson 1989
answer
us supreme court ruled that burning the american flag was a form of speech protected under the 1st amendment, the republicans have been trying to pass an amendment to prohibit flag burning since this happened, one of the few democrats to support it is hilary clinton
question
judicial interpretation-marbudy v madison 1803
answer
declared that the federal courts had the power to nullify acts of the nations government when they were found to be in conflict with the constitution; this has significantly increased the courts power and altered the meaning of various provisions of the constitution
question
criticisms of judicial review
answer
some argue the intent of the framers should govern judicial interpretation of the constitution, others argue the framers knew that a changing society needed an elastic and flexible document that could adapt to the ages; in all likelihood the vagueness of the document was purposeful
question
evolution of constitution to accommodate change
answer
the framers couldn't have predicted the amount of change that the constitution would allow for, it has evolved to accommodate many social and racial issues like how it doesn't specifically say women are guaranteed equal protection of the law but it has been interpreted to prohibit many forms of gender discrimination
question
great depression and the new deal
answer
social change has also caused changes in the way institutions of gov act, as problems like the great depression appears national in scope congress took on more and more power at the expense of the states to solve economic and social crises
question
great depression and the new deal
answer
social change has also caused changes in the way institutions of gov act, as problems like the great depression appears national in scope congress took on more and more power at the expense of the states to solve economic and social crises
Get an explanation on any task
Get unstuck with the help of our AI assistant in seconds
New