Foundational Documents
Is a statement of natural rights – stated government’s main job was to protect these rights; if it doesn’t change or overthrow it
Establishes a foundation for popular sovereignty - "consent of the governed"
What is the Declaration of Independence
What was the result of the GREAT COMPROMISE?
Two chamber legislature: - The HOUSE OF REPRESENTATIVES that is based upon a state's population, represents the "people" - The US SENATE, whereby each state receives equal representation, originally meant to represent STATE interests
Describe the concept of DUAL FEDERALISM aka LAYER CAKE FEDERALISM.
The national and state governments operated independently of one another. Each level has separate powers and do no interact.
What are the two clauses of freedom of religion found in the first amendment? and what court cases are associated with each?
Establishment clause and the free exercise clause.
Engel V Vitale and Wisconsin V Yoder
What role did SHAYS'S REBELLION play in helping bring an end to the ARTICLES OF CONFEDERATION?
The rebellion of furious farmers in Massachusetts showed the weakness of the the Articles in quickly resolving this armed revolt. This was a big turning point in creating a new government.
Identify Three weaknesses of the Articles of Confederation.
Many answers are possible, here are some of them: - weak national government - no president, thus weak enforcement of rules - no unity among states - each state had its own currency
Creates and lays out the structure of the Supreme Court.
Article 3
Which constitutional amendment is the basis for FEDERALISM?
The 10th Amendment
A. Which amendment gives us the right to privacy and why?
B. Which court case is associated with this right?
What is the 9th amendment- because all rights not listed in the constitution are reserved for the people.
Roe V. Wade/ Dobbs V Jackson
DAILY DOUBLEEEEEE
Explain the all three checks congress can do on the executive branch and all Three they can do on the Judicial Branch
1. override a veto, 2. impeach the president ,3. confirm presidential appointments
2. Amend the Constitution, Change the number and jurisdiction of federal court, impeach federal judges
This Anti-Federalist paper that expressed fears that the new federal government would be able to threaten state sovereignty and abuse its powers. Argued that the federal constitution (especially the Supremacy Clause) made state constitutions irrelevant or subordinate
What is Brutus 1
What does the "Interstate Commerce Clause" allow the national government to do and no do?
The national government can regulate business that happens between states and with foreign nations. HOWEVER, states can regulate INTRAstate business (transactions/commerce) within their borders without federal interference.
How does a CATEGORICAL GRANT differ from a BLOCK GRANT?
A CATEGORICAL GRANT is money given from the national government to states that must be spent for a specific purpose (more strings attached) A BLOCK GRANT is money given from the national government to states, but states have more flexibility in spending the money.
Which amendment preserves our right to a defense attorney and what is the case that incorporates it?
What is the 6th amendment- Gideon V Wainwright
what can congress do if they disagree with a supreme court decision?
create an amendment to the constitution
Argued for the importance of federal judges/justices to have lifetime terms so that they could be insulated from politics and the pressures of public opinion (no need to be reappointed/reelected)
Pointed out that the judiciary was the least threatening of the branches as it could not control the army (“sword) or budget (“purse”) and relied on the executive to enforce its decisions
What is Federalist 78
A. Describe the importance of the "Necessary and Proper Clause".
B. Where is it located
A. This clause allows the national government to STRETCH their powers and take actions that are not necessarily listed in the US Constitution in order to allow the government to perform their enumerated powers.
B. Article 1
Describe the concept of DEVOLUTION.
DEVOLUTION is the idea that responsibilities that have traditionally been handled by the national government should be handed down to the STATES, thus limiting the role of the national government.
What are the three clauses of the 14th amendment?
What is the Citizenship Clause, Due process clause and equal protections clause
List the 2 important precedents that resulted from McCulloch v. Maryland (1824).
1. States could not tax the federal government via the SUPREMACY CLAUSE 2. The NECESSARY AND PROPER CLAUSE allows the national government to create a national bank even though this is not a enumerated power in the Constitution.
What was the main argument of Federalist #10?
FACTIONS are inevitable in a free society, thus a functioning government must limit their ill effects rather than banning them in their entirety. Checks and balances, federalism, and separation of powers are the means of decentralization that Madison felt would limit the influence of factions.
A. According to the US Constitution, list one way to PROPOSE an amendment. B. According to the US Constitution, list one way to RATIFY an amendment.
A. PROPOSAL: 1. 2/3 of each chamber of Congress must agree to propose or 2. 2/3 of state legislatures call for national convention B. RATIFY: 1. 3/4 of state legislatures must agree to rafity or 2. 3/4 of states agree to ratify at a national
a. What is an unfunded mandate and b. Give one example of an unfunded mandate
Clean Air and Clean Water Acts
Americans with Disabilities Act (1990)
A. Explain the process of selective incorporation.
B. Which Amendment is the basis for selective incorporation and why
The bill of rights only applies to the federal government, not to state level governments, when a right/liberty is violated and a case is brought before the supreme court, that ruling must be applied to all 50 states.
14th amendment
explain the difference between Expressed (enumerated) powers, implied powers and inherent powers
Expressed powers are powers listed (enumerated) in the constitution for the Federal government, Implied powers are based on necessary and proper clause (elastic clause) – gives congress flexibility to make laws necessary and proper for carrying out express powers, Inherent powers – powers dealing with foreign policy not in constitution, but given to federal government