Review for Chapter 2 and Chapter 3 – The Constitution Name___Key_____________________ Period_______________________ Date_________________________ 1. Be able to explain the significance of the Declaration of Independence, when was this done???? Know the date. The Declaration of Independence was signed July 4, 1776, and sent to King George to declare the colonies independent of England, due to the unfair taxation without representation. 2. Know 5 of the grievances of the Articles of Confederation. The Central Government was too weak, No common currency, the government could not raise and army, there was no executive branch, and no central judicial branch. Be able to explain the differences between the Plans, and what the compromises were. The framework of discussion was established on James Madison's terms. The Virginia Plan called for: 1. A two-house legislature, the lower house chosen by the people and the upper house chosen by the lower. The legislature would have the power to annul any state laws that it found unconstitutional. 2. A "national executive"--the makeup was not specified, so there might have been more than one president under tha plan--to be elected by the legislature. 3. A national judiciary to be chosen by the legislature Due to this proposal, the smaller states felt that the larger states would be in control due to population, therefore, William Paterson of New Jersey argued that the convention had no power to deprive the smaller states of equality they enjoyed under the Articles of Confederation, and propsed the New Jersey Plan. 1. Continuation of the Articles of Confederation including one vote for each state represented in the legislature. Congress would be strengthened so that it could impose taxes and regulate trade, and acts of Congress would be the "supreme law" of the states. 2. An executive of more than one person to be elected by Congress. 3. A supreme Court, to be appointed by the executive. This government would have continued as a weak confederation of sovereign states, and many delegates at Philadelphia convention were determined to build a stronger national government. “Great Compromise" of the Convention. The report recommended that in the upper house each State should have an equal vote and in the lower house, each State should have one representative for every 40,000 inhabitants, counting slaves as three-fifths of an inhabitant, and that money bills should originate in the lower house (not subject to amendment by the upper chamber). The Judicial branch would be chosen by the Executive branch, and approved by the Senate. 3. Give a working definition of Democracy, and know what type of government we have! ( you better know this!!! ) Democracy is government of the people by the people. It includes the people’s rights to choose and make decisions in their government. The U.S. is a Democratic Republic, which means that we elect officials to represent us in government. From Chapter 3: 1. There are 6 major principles of the Constitution: Popular Sovereignty, Federalism, Separation of Powers, Checks and Balances, Judicial Review, and Limited Government. Choose 4 of these to explain. 1) Popular Sovereignty- All of the power lies in the hands of people of the United States who are sovereign. Government can only govern if it is given permission by those who are governed. 2) Separation of Powers- In a parliamentary system the legislative, executive, and judicial powers of government are all gathered in the hands of a single agency. Our government runs almost the same except the three powers are separated. 3) Limited Government- The principle of limited government explains itself in the title. Limited Government means that the government may only do things that the people that they have government give them the power to do 4) Checks and Balances- The government is organized around three separate branches. Though the constitution says that these three powers must be separated they are still connected and are not completely independent of not completely independent of each other. 5) Judicial Review- The power of judicial review is the power of courts to determine whether what government does is in accord with what the constitution provides. The role of the Judicial branch is to determine whether or not a law is constitutionally acceptable. 6) Federalism- Our government works in a federal form by distributing the powers that they have on a territorial basis. The principle of federalism is the division of power among a central government and several regional government. 2. Give the definition of expressed powers and explain what enumerated powers are. Expressed powers are directly stated in the Constitution, and enumerated powers are those that are numbered. 3. What is the “elastic clause”? Explain why it is called this. The Elastic Clause is the power of the Congress to make any law that is “necessary and proper” to fit the needs of the country. Congress can make and pass any law that they deem necessary at the time, making it stretch the powers of Congress. 4. Briefly describe the 3 branches of government. Give 2 of the powers of each and explain how they check each other. 5. The President and Congress often times share the same powers. Explain how Congress and the President check each other. What is an example of a power they share? The President and Congress share powers of the making of treaties, mobilizing military troops, and creating and approving laws. The President can mobilize troops, but only Congress can declare war. The President can approve or veto bills, but Congress can override a presidential veto by a 2/3 majority in both chambers of Congress. What is the majority that it takes to amend the Constitution? Where does the majority come from? Two-thirds of both houses of Congress vote to propose an amendment, or Two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. (This method has never been used.) 6. 7. When an Amendment is to be ratified by the states, how many of the states have to ratify it in order for it to become a part of the Constitution? Who sets the rules on ratification? ¾ of all the states have to ratify the amendment in order for it to become part of the Constitution. The Constitution sets the rules of ratification. 8. Be able to give examples of the Anti-federalists influence on the Constitution, and examples of the Federalists influence on the Constitution. The Bill of Rights is an Anti-Federalist influence on the Constitution, as well as a Senate represented by an equal number of reps per state. A Bicameral Congress is a Federalist influence on the Constitution, as well as a House of Reps based on population. 9. Know all of the Amendments to the Constitution, and be able to explain them. Keep in mind that some have more than one part, for example, the 1st Amendment. 1st Freedom of religion, speech, the press, assembly, petition. 2nd Enumerates the right to keep and bear arms 3rd Bans the forced quartering of soldiers. Interdiction of unreasonable searches and seizures; a search warrant is required to search persons or property. Indictments; due process; self-incrimination; double jeopardy; rules for eminent 5th domain. Rights to a fair and speedy public trial, to a notice of accusations, to confront the 6th accuser, to subpoenas, and to counsel. 7th Provides for the right to trial by jury in civil cases. 8th Bans cruel and unusual punishment, and excessive fines or bail 9th Unenumerated rights Limits the powers of the federal government to only those specifically granted by 10th the constitution. Immunity of states from suits from out-of-state citizens and foreigners not living 11th within the state borders. Lays the foundation for sovereign immunity. 12th Revises presidential election procedures. 13th Abolishes slavery and involuntary servitude, except as punishment for a crime. 14th Defines citizenship and deals with post–Civil War issues. Prohibits the denial of suffrage based on race, color, or previous condition of 15th servitude. 16th Allows the federal government to collect income tax. 17th Allows senators to be directly elected. 18th Prohibition of alcohol (Repealed by Twenty-first Amendment) 19th Allows for women's suffrage. Fixes the dates of term commencements for Congress (January 3) and the 20th President (January 20); known as the "lame duck amendment". 21st Repeals the Eighteenth Amendment. Limits the president to two terms, or a maximum of 10 years (i.e., if a Vice 22nd President serves not more than one half of a President's term, he can be elected to a further two terms). 23rd Provides for representation of Washington, D.C. in the Electoral College. 24th Prohibits the revocation of voting rights due to the non-payment of poll taxes. 25th Codifies the Tyler Precedent; defines the process of presidential succession. 26th Establishes 18 as the national voting age. Prevents laws affecting Congressional salary from taking effect until the 27th beginning of the next session of Congress. 4th