Problems and Solutions
The main issue with the Articles of Confederation within Congress
How much power Congress should have
Allowed for a President to run for re-election only once
22nd Amendment
Created and discusses the Executive Branch
Article 2
List 1 power given to the President
1. Carry out/enforce laws made by Congress
2. Make treaties with foreign nations
3. Appoint certain government officials
4. Commander-in-Chief
5. Veto laws passed by Congress
6. Send/receive ambassadors
7. Pardon people convicted of crimes against the US
What did James Madison believe about how much power Congress should have?
Give the national government great power over states and people
Specific language for powers used in the Constitution
Enumerated Powers
Orders government to deliver a person it has arrested to a court of law
Writ of Habeas Corpus
Created and discusses the Judicial Branch
Article 3
List 2 enumerated power given to Congress
1. Impose/collect taxes and duties
2. Borrow money
3. Regulate commerce w/ nations and states
4. Coin money
5. Establish post offices
6. Declare war
7. Raise/support an army
What did Madison believe about the type of language that should be used?
General Language
Broad language for powers used in the Constitution
General Language
Makes an act a crime even though the act was legal when it took place
Ex Post Facto Law
Discusses the power of Congress
Explain 1 idea about a national court system in the Constitution
1. Judges should be appointed, not elected
2. Judges cannot be removed from office
3. There should be a single US Supreme Court with two types of jurisdiction
What did the Framers think about Madison's ideas on the issue of the type of language that should be used? Why?
They thought general language was a bad idea because it would give too much power to the national government and they may abuse their power
The solution to the issue of which type of language to use in the Constitution
Use both enumerated and general language
Declares a person guilty of violating the law and sets the punishment without a court trial
Bills of Attainder
Explain how the electoral college functions
1. Created every 4 years to choose President.
2. Each state would have electors equal to the number of Senators and representatives it has in Congress.
3. Candidate who received majority of votes in electoral college becomes President.
4. If no candidate got majority vote, the House of Representatives would select President by majority vote.
List 3 ways the President's powers are limited
1. Appointments
2. Treaties
3. War
4. Veto
5. Impeachment
Why did the Framers and James Madison not like the idea of the people directly electing the President?
The country was too large so the people would not know enough about the candidates to make good choices. Also, they thought the people might not always have the wisdom to make the best choice.
Compare original jurisdiction and appellate jurisdiction.
Original jurisdiction= Case goes right to Supreme Court
Appellate jurisdiction= Case goes through lower courts
The President has the power to nominate people for important jobs in government, but the Senate has the power to accept or reject the nomination
Advice and Consent
Explain how a bill becomes a law.
1. Member of Congress proposes a bill and tries to gain support.
2. One house votes on bill; if it passes, it is sent to the other house.
3. Second house votes on bill; if it passes, it is sent to President
4. President can sign it, then it becomes a law.
5. President can veto it, then it is sent back to Congress where it must pass each house by 2/3 vote.
6. Judicial branch handles challenges (constitutional or unconstitutional?)
List 3 ways the power of Congress is limited
1. Banning slave trade before 1808
2. Suspending writ of habeas corpus
3. Passing ex post facto laws
4. Passing bills of attainder
5. Taxing anything exported from a state6. Taking money from treasury w/o passing law
7. Granting titles of nobility
Why did Madison and the Framers not like the idea of Congress or state governments selecting the President?
Abuse of power