Goals of the Constitution
Papers Refresher
Fed/Anti-Fed Quotes
Principles of the Constitution I
Principles of the Constitution II
Powers of the Branches of Government
Checks and Balances
Principles of the Constitution III
The Amendment Process
Federal Application of the Constitution
100
# of Articles in the Constitution
7
100
James Madison argued what stopped the branches of government from becoming too strong in Fed. 51?
Separation of Powers/Checks and Balances
100
What 'Declaration of Rights' did the Anti-Federalists advocate for in AF 84 here?
Bill of Rights
100
What is Popular Sovereignty (Consent of the Governed)?
Power of the government comes from the people in a social contract
100
What is the idea of Limited Government (Think Magna Carta)?
The government should not have unlimited power.
100
What are some powers of Congress found in Article 1, Section 8?
Tax, War/Peace, Impeachment, approve presidential appointments, approve treaties, borrow and coin $$
100
What are checks and balances (Definition, not examples)
The unique powers of each branch to check (limit) and balance the powers of the other branches to prevent tyranny
100
What does it mean for a law or executive action to be unconstitutional?
It violates some part of the constitution
100
What is an amendment?
an addition or change to the Constitution
100
What is an Executive Order?
Memo put out by a president that carries the force of law and acts as a directive to the rest of the government
200
# of Amendments to the Constitution
27
200
3 Authors of the Federalist Papers + their pseudonym?
James Madison, Alexander Hamilton, and John Jay, wrote as Publius
200
Anti-Fed 84 - What concept is being written about here?
Social Contract
200
Where in the Constitution is Popular Sovereignty exemplified?
Beginning of the Preamble: WE THE PEOPLE
200
What document limits the power of the US Federal government?
In the US, the government is limited through the Constitution
200
What does the Necessary and Proper Clause do?
Allows congress to make laws and federal agencies (like the IRS) to fulfill and carry out their constitutional powers
200
What are some examples of Checks and Balances? (Think graphic organizer)
Veto of a law by a president, Impeachment of the president or a justice by congress, Judicial Review by Supreme Court of a law or executive action, congress' ability to override a veto
200
What does the 9th amendment do?
protects implied rights of the people, says the list of rights in the Bill of Rights is not a complete list of all the rights of the people
200
To pass an amendment, it has to get a _____ (fraction) vote in the House and Senate and a ______(Fraction) vote in the State legislatures
2 /3 in House and Senate, and 3/ 4 in state governments
200
What is an Executive agreement?
Agreement made between the President and another world leader that has the power of a treaty
300
The first 10 amendments to the Constitution are called what?
Bill of Rights
300
What was the Main fear of Old Whig in Anti-Fed 46?
Expanded powers of Congress and the Necessary and Proper Clause
300
Madison argued for what style of government in Fed 10? Why?
A Republic because the average American wasn't educated enough to vote on issues, but would know who to vote for in Congress to represent them
300
What is a Republic?
A representative democracy where the people vote on representative to vote on their behalf in the legislature (Congress)
300
What is Rule of Law?
No one, not even the leader of a nation like a king or president is above the law and must follow it.
300
What does the Writ of Habeas Corpus do?
Allows you to challenge the legality of your arrest and be present at your own trial
300
Which 3 presidents have been impeached? (Must get all 3 for pts)
Clinton, Andrew Johnson, Trump
300
What is the 10th amendment?
Reserved Powers of the States: Any power not given to the Federal government or denied to the states is reserved to the states (Education, policing, licensing)
300
What was the issue with passing an amendment under the Articles of Confederation?
all 13 states had to unanimously agree which never happened
300
Can Executive Order (EO) overrule laws or SCOTUS rulings?
No, Executive orders must be Constitutional and may require a SCOTUS ruling to be upheld, like we talked about with Trump's failed EO on trying to end Birthright Citizenship
400
The Constitution was a balance between the Tyranny of the (1)____________ and the weakness of the (2)______________________
(1) King/English Crown & (2) Articles of Confederation
400
What was the Main argument in Anti-Fed 84?
Bill of Rights was necessary to protect the rights of people and states
400
What is the Author worried about here in AF 46?
Extensive new powers of Congress that will threaten the powers of the states through the Congressional expansion of power he views as unlimited thanks to the Necessary and Proper Clause
400
Why did Madison say you could never get rid of factions in Fed 10?
You can't make people think the same without getting rid of liberty which you shouldn't do so people will always be selfish or have differences of opinions
400
What is Judicial Review?
the ability of the Supreme court to determine the Constitutionality of a law or executive action
400
What are concurrent powers?
Powers shared by the Federal and State governments such as the power to tax
400
What is Impeachment?
The process of Congress removing an officer (like president or supreme court justice) from office for wrongdoing.
400
What is the Supremacy Clause (Art. 6)
The Constitution is the supreme law of the land and overrules any conflicting state law
400
How is an amendment gotten rid of?
By passing another amendment to cancel them out (18 and 21st)
400
How is an Executive Agreement less permenant than a treaty?
Executive agreements can be undone after the president that made them leaves office.
500
Explain the relationship between the People and the Government in the Social Contracct
We give up some freedom in exchange for the protection of others by the government from other people and the government itself (via Bill of Rights in US)
500
What was the Double Security Madison wrote about in Fed 10?
Separation of Powers between branches and separation of powers between levels of Govt (Federalism)
500
What case established Judicial Review in 1803?
Marbury v Madison
500
What is the difference between Enumerated and Implied powers?
Enumerated powers are the powers of the government written out in the Constitution.
Implied powers are powers given through the interpretation of constitutional power and the Necessary and Proper Clause
500
Explain the Impeachment process (See Graphic Organizer)
Articles of impeachment (thing someone has done wrong) are drawn up by the House of Reps. If passed, they move to the Senate who vote guilty or not. If found guilty, although it's never happened, a president would be removed from office
500
Which Supreme Court case established the implied right to privacy in the 1960s?
Griswold v CT
500
Differences between passing an amendment and a law (there are 2 we talked on in class)
Laws get passed by congress and president, where as amendments get passed by congress and state governments.
Amendments need 2/3 congress and 3/4 states votes, laws only need a simple majority of more than half to pass through congress to get to the president
500
How is the Constitution a 'Living Document?'
It can be changed through the amendment process and can be interpreted differently based on the rulings of the Supreme Court (Think Plessy v Ferguson --> Brown v Board, different interp. of the 14th Am.)
600
How does the Watergate Scandal during the Nixon Admin. exemplify Rule of law?
Nixon could not claim presidential privilege and had to turn over the White House Tapes that incriminated him and his involvement in the Watergate break-in, leading to his resignation in 1974
600
What are Ex Post Facto Laws
laws that punish you for doing something before it became illegal, outlawed by Constitution
600
Loose v. Strict Construction
Strict constructionists believe the federal government should only have its listed (Enumerated) powers, while loose constructionists believe in interpreting the constitution to give the government more powers than are listed through the Necessary and Proper Clause
600
What is a Writ of Certiorari?
The Supreme Court telling a lower court they want to see and rule on a case. SCOTUS only sees cases on constitutional or civil liberties/rights issues that affect all people