Articles of Confederation
This was the level of government that had the most power under the Articles of Confederation.
What is the state?
The name given to the judges President Adams nominated at the last minute when he realized that the Federalists were going to lose Congress and the Presidency.
What are "midnight judges"?
This plan called for equal representation in Congress regardless of state population size.
What is the New Jersey Plan?
Name this clause and explain who it benefits - “The Congress shall have Power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
What are the Commerce Clause and the federal government?
The name given to the system wherein one branch of government has the power to limit the powers of the other two branches of government.
What is checks and balances (or the Madisonian system)?
This was the reasoning behind why the founders allocated the most power to mainly one level of government over the other.
What is they feared that the federal government would take too much power and become a monarchy?
The role William Marbury played within this case. (I.e., Who is he and why is he important to this case?)
Who is a federal judge who never received his commission from the president (Jefferson) and decided to take the case directly to the Supreme Court?
This plan called for representation in Congress based on the state's population size.
What is the Virginia Plan?
Name this clause and explain who it benefits - “The Congress shall have Power . . . To make all laws which seem necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
What are the "necessary and proper"/"elastic" clause and the federal government?
The system of governance where the people elect representatives to represent their interests within the government, rather than directly voting on the issues themselves.
What is a republic?
Generally speaking, this political party was more in favor of the Articles of Confederation than the Constitution.
What is the Anti-Federalist party?
Two ways in which the Supreme Court was weak before Marshall came along.
What is . . . didn't have a formalized dress code, met in the basement of Congress, had an even number of justices, and lived in separate geographical regions? Also got "dismissed" one year by Jefferson.
This party argued that a Bill of Rights did not need to be included in the Constitution.
What is the Federalist party?
Name this clause and explain who it benefits - “This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.”
What are the Supremacy Clause and the federal government?
This philosopher argued that in a "state of nature," men would turn into animals, which is why the government needed a strong leader to take control of society and save the public from themselves.
Who is Thomas Hobbes?
This was the triggering event that ultimately convinced the founding fathers that a new constitution was necessary.
What is Shay's Rebellion?
What is . . .
In favor of Marbury - Jefferson can just say no, Court is too weak.
In favor of Madison (Jefferson) - doesn't have to grant the commission and can essentially ignore the law.
Explain how "both sides" benefitted under the 3/5 Compromise.
What is . . . The South = gained representation in the House, enslaved peoples count as 3/5 of a person. The North (federal government) = can tax slaveowners on slaves using property taxes at 3/5 rate
Name this Amendment and explain who it benefits -“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
What are the 10th Amendment and the state government?
This philosopher argued that all individuals are born as a "blank slate" and that the role of government is to protect people's inherent property rights and individual liberties.
Who is John Locke?
These were three weaknesses of the Articles of Confederation. (There are more than three, but I only need you to name three)
What is . . . The inability to gather taxes? Looking weak to other countries due to no centralized leadership? The difficulty of amending the Constitution? The inability to raise an army? Others?
Explain how Marshall advanced the power of the Court through Marbury v. Madison. The term "judicial review" must be incorporated in your answer.
What is . . . He stated that it was unconstitutional for Marbury to go to the Supreme Court first (had to work his way up through the lower courts) - giving SCOTUS the power to rule on whether or not laws are constitutional.
Explain how the incorporation of the Bill of Rights was a "compromise".
What is . . . Anti-Federalists feared that the Constitution didn't do enough to protect the liberties and rights of the individuals/states, so they wanted these Amendments added to the Federalists' Constitution to guarantee these rights.
Name/describe one Supreme Court case we talked about in class where the commerce and elastic clauses were used to advance federal power.
What is . . .
McCullough v Maryland? Gibbons v Ogden? Wickard v. Filburn? Heart of Atlanta Motel v. US?
This is how many Amendments have been proposed versus passed.
What are over 11,000 and only 27?