The Critical Period – Flashcards
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critical period
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refers to the 1780's, a time right after the American Revolution where the future of the newly formed nation was in the balance; large amounts of debt, high taxes, foreign affairs, domestic issues, and military concerns were some of the problems Americans faced shortly after the Revolution; these concerns prompted calls for a more vigorous national government that eventually resulted in the Constitution in 1787
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articles of confederation
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the written rules for the government of the new United States; written document setting up the loose confederation of states that comprised the first national government of the United States
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second continental congress
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voted to adopt Articles of Confederation on Nov 15, 1777; met in 1776 and drafted and signed Declaration of Independence, which justified Revolutionary War and declared that the colonies should be independent of Britain
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northwest ordinance of 1787
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most significant legislative act of Confederation Congress, filled the need of bringing unruly elements in the west under control, creating political structure for the territories and a phased process for achieving statehood that neatly blended public and private interests; basically, good part of Articles of Confederation, idea of Thomas Jefferson, disputed land goes to Federal Government, land is divided into "territories" and when territory's population hits 60,000, it can become state
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confederation congress
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central government set up by Articles of Confederation (1781-89), no executive or judicial branches, unicameral legislature with no power to tax or regulate interstate commerce (intentionally weak to prevent tyranny), one state one vote, supermajority (9/13) to pass important laws, unanimous vote to amend (our constitution is unconstitutional!)
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federalism
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levels of government
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3 levels of government
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-enumerated powers: the federal/central/national government, the country as a whole -reserved powers: the state governments, the 13 individual parts that make up the country -concurrent powers: shared powers between federal powers and state powers
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examples of enumerated powers
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power to declare war and make treaties, power to coin/print money, power to raise army, power to deal with immigration issues
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examples of reserved powers
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high school requirements, driver's license requirements and speed limits, firework laws
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example of concurrent powers
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power to tax
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Daniel Shay
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poor farmer from MA, fought in Revolutionary War, wounded in war
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Shay's Rebellion
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armed movement of debt-ridden farmers in western MA in winter of 1786-1787, created crisis atmosphere
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cause of Shay's Rebellion
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MA in debt to finance armies; some of the borrowed money came from pockets of wealthy American citizens, who in turn forced states to impose high taxes on all citizens after war; wealthy people thought this would help states pay them back easier but actually put many farmers in debt and they started losing their farms to creditors; Daniel Shay was eventually put into debtor's prison and he and many farmer's mad so rebellion erupted
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3 demands of farmer's before shay's rebellion
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-taxes lowered -MA to print more paper $$ so money would be easier to come by -courts temp. close so farm foreclosures would end
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debtor's prison
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special prisons for people unable to repay large debts to creditors
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George Washington's reaction to Shay's Rebellion
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"Good God!... what a triumph for our enemies... to find that we are incapable of governing ourselves!"
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what Shay's Rebellion proved
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must get rid of Articles of Confederation
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Constitutional Convention
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decided that Articles of Confederation must go, in Independence Hall in Philadelphia, PA in May 1787 on hot sumer day but did not want public awareness about it; key figures: James Madison, George Washington, Alexander Hamilton, Benjamin Franklin; found new government system
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Virginia Plan
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proposed by James Madison, believed in Bi-Cameral (2 houses) system and # of reps based on population; benefits big states
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New Jersey Plan
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proposed by William Patterson, wanted Uni-Cameral (1 house) system and each state= 1 vote; benefits smaller states
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The Great Compromise
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proposed by Roger Sherman, Bi-Cameral (2 houses) -1= based on population, House of Representatives -1= based on equal vote, Senate 3/5 Population Claus- 3/5 amount of slaves were counted in population
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Constitution of US
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written document providing new central government of US
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purpose of Constitution
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tell how government will run
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1st state to sign Constitution
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Delaware
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The Preamble (introduction)
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purpose: reason why Constitution was written
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Article 1 of Constitution
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purpose: operation of Legislative Branch
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Section 1 of Article 1 of Constitution
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there will be House of Reps. and Senate
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Section 2 of Article 1 of Constitution
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how to become Representative -elected every 2 yrs -25 yrs old -citizen for 7 yrs -must live in state
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Section 3 of Article 1 of Constitution
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how to become Senator -2 senators from each state for 6 yr term -30 yrs old, 9 yrs a citizen, must live in state -Vice Pres. in charge of senate -Handles impeachment- to be charged and then taken out of office
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Section 7 of Article 1 of Constitution
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How bill is made -House and Senate make it -Goes to Pres.→ pass or veto ("I forbid" in Latin)
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Article 2 of Constitution
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purpose: operation of Executive Branch
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Section 1 of Article 2 of Constitution
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title is given "President of the United States" and "Vice President" 4 yrs
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Section 2 of Article 2 of Constitution
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Commander in Chief of the Army, Navy, and Militia
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Section 3 of Article 2 of Constitution
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give the State of the Union Address
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Section 4 of Article 2 of Constitution
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may he be impeached (Pres. and VP)
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Article 3 of Constitution
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purpose: judicial branch
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Section 1 of Article 3 of Constitution
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-one supreme court -inferior courts that congress establishes -at position for entire life
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Chief Justice
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John Roberts
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Section 2 of Article 3 of Constitution
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-job is to make sure government follows Constitution -what cases that can take up
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Article 4 of Constitution
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purpose: relations among states
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Article 5 of Constitution
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purpose: how to amend Constitution
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Article 6 of Constitution
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purpose: how to change over from Articles to Constitution
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Article 7 of Constitution
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purpose: how to pass Constitution -9 of 13 states
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executive branch
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president negotiates treaties, commands armed force, enforces law, makes bureaucracy, gets TV coverage; may veto bills, appoints judges
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legislative branch
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house and senate; writes and passes all always, which are kept in a pork barrel; may override vetoes, may impeach president, confirms presidential appointments, creates inferior courts
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judicial branch
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tries federal cases; you can always appeal to the supreme court, although the reverse may not be true; rules on constitutionality of laws, rules on legality of executive actions
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unconstitutional law
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one that goes against the rules of the Constitution; if law found unconstitutional, it is cancelled
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veto
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refuse to sign
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Amendment 1
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-Congress shall pass no law making a religion. It cannot pass law stopping people from practicing any religion they choose -Congress shall make no laws taking away or reducing the freedom of speech or of the press
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Amendment 2
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The right of the people to keep arms (guns) shall not be taken away.
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Amendment 3
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No soldier shall, in time of peace, be placed in a home without the permission of the owner. In time of war, Congress may pass laws making this possible.
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Amendment 4
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-There shall not be, without good reason, searches of a person's home, papers or belongings. -Warrants for such searches must be given only for good cause. The warrants must be describe the person or place to be searched.
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Amendment 5
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No person shall be held for crime unless made to do so by a grand jury. No person shall be made to give evidence against himself.
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Amendment 6
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-The accused person in a criminal case has the right to a quick trial by people who do not favor either side. -The accused must be told of the charges against him and to have a lawyer in his defense.
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Amendment 7
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In any case where the argument shall be for more than twenty dollars, there shall be a trial by jury.
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Amendment 8
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Not more than a necessary amount of bail shall be set. No cruel or inhumane punishment shall be given.
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Amendment 9
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Even if a right is not stated in the Constitution such as a right can still be enjoyed by people.
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Amendment 10
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The powers not given to the US by the Constitution, nor kept from the states, are hereby given to the states, or to the people.
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checks and balances
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Each of the three branches of government can limit the powers of the others. This way, no one branch becomes too powerful. Each branch "checks" the power of the other branches to make sure that the power is balanced between them
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federalists
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believes in parties, not independent
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antifederalists
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doesn't believe in parties, wants independent
