1
Q
Weaknesses in the articles of confederation (1781)
A
-defined the nation as a loose confederation and a league of friendship
- states held all power/sovereignty
-congress had no power to tax, raise armies, regulate commerce, or enforce laws
-required unanimous consent for amendments
2
Q
What event showcased the articles weakness
A
Shay’s rebellion(1786-1787)
Massachusetts farmers rebelled against debt and taxes. Congress could not intervene correctly , exposing the system’s fragility
3
Q
Where did the Constitutional Convention of 1787 take place and what was the original plan
A
Met in Philadelphia originally revise the Articles but instead created a new constitution
4
Q
What compromises were made in the Constitutional Convention
A
Great compromise: Bicameral legislature (House=population, Senate=equal states)
3/5 Compromise: Each enslaved person counted as 3/5 for representation/taxes
5
Q
Popular sovereignty
A
Expressed in the Preamble “We the People”
Limits, excluded enslaved people, women, Native Americans and non landowners
6
Q
15th amendment
A
African American men vote
7
Q
19th amendment
A
Women vote
8
Q
24th amendment
A
No poll tax
9
Q
26th amendment
A
Age lowered to 18 to vote
10
Q
Limited Government: Government is not all powerful
A
Government powers are enumerated in the constitution (specifically listed)
11
Q
10th amendment
A
Powers not delegated to the federal government are reserved to states/people (education, healthcare licenses)
12
Q
Commerce Clause and Necessary and proper clause
A
Congress can create any law in order to carry out its job
13
Q
Legislative Branch
A
Congress: makes laws
14
Q
Executive Branch
A
President: enforces laws
15
Q
Judicial Branch
A
Courts: interprets laws
16
Q
What were the separation of powers (the three branches) influenced by
A
Influenced by Montesquieu to prevent tyranny
17
Q
Checks and Balances
A
Each branch checks the power of the other two
-The President can veto laws passed by Congress, also nominated supreme court justices
-Senate confirms presidential appointments and treaties
-Courts can declare laws unconstitutional
18
Q
Examples of checks and balances
A
-Impeachment trials of Andrew Johnson, Bill Clinton, Donald Trump
-Senate blocking judicial nominees( Merrick Garland 2016)
19
Q
What power does the national government have in Federalism
A
Defense, treaties, currency
20
Q
What power does the state government have in Federalism
A
schools, elections, policing
21
Q
What powers do the national and state governments share under Federalism
A
taxation and courts
22
Q
Republicanism
A
Citizens elect representatives to govern
23
Q
What does the House do in republicanism
A
direct, frequent elections
24
Q
what does the Senate do in republicanism
A
designed for stability(6-year terms; originally state legislature selection until 17th amendment)
25
How does presidency work under republicanism
Electoral College (indirect election)
26
What was republicans goal
Avoid mob rule while preserving representation
27
Preamble
Six goals: unity, justice, tranquility, defense, welfare, liberty
28
Article I
Legislative Branch, sets up Congress and defines its powers
29
Article II
Executive Branch, sets up the presidency and defines its powers
30
Article III
Judicial Branch, states supreme court can settle issues between states
31
Article IV
State relations , states must give full credit to each other's laws and docs
32
Article V
Amendment process. 2/3s+3/4s formula to pass an amendment
33
Article VI
Supremacy of Constitution, constitution is supreme over any other law
34
Article VII
Ratification. 9/13 states needed to approve the Constitution
35
Purpose of the bill of rights
-To ensure explicit protection for individual rights and liberties
-To limit the power of the federal government
-To secure public trust and satisfy Anti-Federalist demands
- securing ratification
-The bill of rights remains a cornerstone of American democracy, protecting citizens against government overreach
36
What year did the constitution have a framework of government and a guarantee of rights
by 1791
37
What were the two clauses of the first amendment freedom of religion.
Establishment clause- The government cannot establish an official religion or favor one religion over another (separation of church and state
Free exercise clause-Citizens have the right to practice(or not) any religion without government interference
38
Why were the Establishment Clause and Free exercise clause included
Colonists fled religious persecution in Europe, and early experiences under colonial governments(Puritans in Massachusetts) showed the dangers of government-imposed religion
39
What was a key case that enforced Establishment clause
Engel v. Vitale (1962)- Struck down mandatory school prayer , reinforcing separation and church and state
40
What was a key case that enforced the Free exercise clause
Winsonsin v. Yoder (1972)- protected Amish Families from compulsory schooling beyond 8th grade because it violated their religious beliefs
41
Freedom of speech
-Citizens can express opinions without government censorship or punishment
-Protects not only spoken words but also symbolic speech(protests, armbands, flag burning)
42
What are the limits in freedom of speech
Does not protect incitement to violence, threats, slander/libel, or speech that creates a "clear and present danger"
43
Freedom of the press
-The press(newspapers, media, internet today) can publish information without censorship by the government
-Ensures government accountability and an informed citizenry
44
What influenced the additional to freedom of the press
Zenger trial (1735) where John Peter Zenger acquitted for criticizing the colonial governor
45
Right to assemble
Citizens may gather peacefully in groups to express views, protest, celebrate ,or advocate for change
46
What are some examples of people being protected by the right to assemble
Civil rights marches, labor union strikes, women's suffrage rallies
47
What does the right to assemble limit
Assemblies must be peaceful. Government can regulate time, place, and manner but not suppress based on content
48
Right to Petition the Government
Citizens can formally request government action or express grievances without fear of punishment
-can take the form of petitions, letters, lobbying, lawsuits, or grassroots campaigns
-Ensures government remains accountable to the people
49
2nd Amendment and its historical root
Right to bear arms
-historical root:distrust of standing armies
50
What are some examples of freedom of petition
petitions to abolish slavery , extend voting rights, or demand climate legislation
51
3rd Amendment
No Quartering of soldiers in peacetime
-reaction to Quartering Acts
-Rarely litigated but symbolic of privacy rights
52
4th Amendment
Protection from unreasonable searches/seizures
-warrant and probably cause required
53
Grand jury indictments (5th Amendment)
A grand jury must review evidence before charging you with capital crime
54
Double Jeopardy (5th Amendment)
you cannot be tried for the same crime twice
55
Self-incrimination (5th Amendment)
you cannot be forced to testify against yourself
56
Due process (5th Amendment)
you must be charged with a crime by a judge before being placed in jail
57
Eminent Domain (5th Amendment)
The government can take your land but it must pay a fair price for it
58
Miranda v. Arizona
right to remain silent
59
6th amendment
-speedy, public trial by impartial jury in criminal cases
right to lawyer
confront witnesses
60
7th amendment
Right to jury trial in civil cases >$20
-protects jury's role as a check on government
61
8th amendment
no cruel and unusual punishment ;no excessive bail/fines
-debates about death penalty
62
9th amendment
people retain eights not listed in the Constitution(just because it is not listed does not mean it does not exist)
-used to justify right to privacy
63
10th amendment
Powers not given to federal gov are reserved for states/people
-bases for debates on federalism
64
Federal government (10th amendment)
Treaties, war and peace, international trade, money, mail
65
States (10th amendment)
health care, all forms of licenses (professional, driving, hunting)
66
11th amendment
(1795) State Sovereign Immunity
Prevents states from being sued by citizens of another state without consent.
67
12th amendment
(1804): Presidential Elections
President and Vice President run as a ticket (together). Before, the loser or second place became Vice President.
68
13th amendment
(1865): Abolition of Slavery
Ended slavery and involuntary servitude.
Slavery allowed as punishment for a crime.
69
14th amendment
(1868): Citizenship & Equal Protection
Citizenship for all born/naturalized in U.S.
Equal Protection Clause → All citizens must be treated as equal by the government
Due Process Clause → Bill of Rights applies to states and all races
70
15th amendment
(1870): Voting Rights for Men of All Races
Could not deny right to vote based on race.
Still suppressed by poll taxes, literacy tests until 1965 Voting Rights Act.
71
16th amendment
(1913): Federal Income Tax
Authorized Congress to levy income tax directly of the people’s wages. Prior to this, government was funded by tariffs and business taxes only. `
72
17th amendment
(1913): Direct Election of Senators
Originally state legislatures selected Senators; now directly elected by people.
73
18th amendment
(1919): Prohibition
Outlawed alcohol manufacturing/sale/transportation, not consumption.
Repealed by 21st Amendment.
74
19th amendment
(1920): Women’s Suffrage
Women gained right to vote.
75
20th amendment
(1933): Lame Duck Amendment
Changed inauguration to January 20, originally in March.
Called "Lame Duck" because the sitting president has been defeated, their power seems to have diminished, yet they are still president for a short period of time. Congress might be unwilling to work with a defeated President
76
21 amendment
(1933): Repealed Prohibition
Ended 18th Amendment, Prohibition was almost impossible to enforce.
77
22nd amendment
(1951): Presidential Term Limits
Max of 2 terms or 10 years (if Vice President succeeds a President upon his death).
Response to FDR’s four terms.
78
23rd amendment
(1961): Washington, D.C. Vote
3 electoral votes for D.C. residents.
79
24th amendment
(1964): No Poll Taxes
Ended economic barriers to voting used to prevent race minorities from voting.
80
25th amendment
(1967): Presidential Succession
Clarified procedure for presidential incapacity and succession.
VP, Speaker of the House, President pro tempore of Senate, Cabinet offices in order of precedence.
81
26th amendment
(1971): :Lowered Voting Age to 18
“Old enough to fight, old enough to vote.” (Vietnam War).
82
27 amendment
(1992): Congressional Pay
Pay raises for Congress delayed until after next election.
83
Brown v. Board
(1954 )Desegregated schools. The Supreme Court ruled that segregating children into white only, black only, Mexican only schools was always “inherently unequal”.
Southern States resisted desegregation of public schools, created private segregation academies, and tried to stop desegregation by law.
84
Plessy v. Ferguson
Overturn the previous Plessy v. Ferguson decision which made segregation legal as long as it was “Separate but equal”
85
Miranda v. Arizona
(1966): Suspects must be informed of their Constitutional rights when they are being arrested. (You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you).
86
Roe v. Wade
(1973): Based on the 9th Amendment's right to privacy, a woman had the right to make decisions affecting her own body based on her own right to privacy, established abortion rights. (later overturned in Dobbs, 2022).
87
Tinker v. Des Moines
(1969): Students were expelled from school for wearing a black arm band protesting the Vietnam War. The Supreme Court ruled students’ speech was protected even when in school. The black armband was symbolic speech.
88
Engel v. Vitale
School prayer unconstitutional, based on the establishment clause of the first amendment (states cannot sponsor a specific religion).
89
Hernandez v. Texas
(1954): Equal protection for Mexican Americans under the 14th amendment.
Guaranteed a trial by a jury of peers for Mexican Americans, who were previously not considered a protected minority.
Mexicans were excluded from juries in Texas, accused Mexicans were tried by a jury mainly of whites.
90
Wisconsin v. Yoder
Supreme Court ruled states could not compel Amish families to send their children to public schools. Protected the right to home school based on religious freedom guarantees of the first amendment.
91
How many electors are there in the electoral college and how many does a candidate need to win
538 total 270 to win
92
What determines the number of votes each state gets
Each state gets a total number of electors equal to the number of representatives plus senators it sends to Congress
Example: Texas has 38 representatives plus 2 senators = 40 electoral college votes.
Winner-takes-all in most states; Maine/Nebraska proportional.
93
What's the controversy in the electoral college
Candidate can lose popular vote but win presidency (1824, 1876, 1888, 2000, 2016).
94
Why was the electoral College created
founders feared direct democracy
DEUSHIS
flashcards
Decks in class (16)
# Cards
-
Chapter 642
-
Chapter 721
-
Chapter 894
-
Chapter 9 & 1049
-
Age of Jackson32
-
Civil War Part I35
-
Civil War Part II47
-
Reconstruction (final)100
-
Gilded Age19
-
progressive era77
-
Imperialism Era34
-
American Imperialism33
-
Great War1
-
roaring 20s22
-
The Great Depression and The New Deal3
-
Civil Rights66
