Review for Chapter 2 and Chapter 3 * The Constitution

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Review for Chapter 2 and Chapter 3 – The Constitution
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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
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