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HIST 2301 Ch. 2


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Which Article describes the inital ratification procedure for the Constitution?
Article VII (Article 7)
The first 10 Amendments to the Constitution is also known as :
The Bill of Rights
Describe the 1st amendment:
Freedom of religion, speech, assembly, and politics.
Describe the 2nd Amendment:
Militia and Right to Bear Arms
Describe the 3rd Amendment
No soldier in time of peace shall be housed in private residence without consent of homeowner.
Describe the 4th Amendment:
1.Right to due process,
2.Right to protection from self-incrimination and double jeopardy,
3.No private property shall be taken for public use without just compensation (eminent domain)
Protection from unreasonable search & seizures
Describe the 6th Amendment:
Right to a speedy trial by an impartial jury of the state and district where the crime was committed.
Describe the 7th Amendment:
Right to trial by jury in common law suits.
Describe the 8th Amendment:
No excessive bail, nor excessive fines, nor cruel and unusual punishment
Describe the 9th Amendment:
enumeration in the Const. of certain rights shall not be construed to deny or disparage others retained by the people.
Describe the 10th Amendment
Powers not delegated to the feds by the Constitution , nor prohibited by it to the States are reserved to the state or to the people.
How many amendments are there to the Constitution?
What Article describes the amending authority of Congress to Constitution?
Article V (Article 5)
Which Article describes the federal government's ultimate authority over the states?
Article VI (Article 6)
Who said, "..this country will devine our times, not be defined by them."
George Bush before joint session of Congress following 9/11/01
Which President authorized the arresting of approx. 2000 southern symtpathizers in border regions in MD and TENN, suspending their writ of habeas corpus?
Abe Lincoln
Which President prosecuted opponents of the draft and war during WWI?
Woodrow Wilson
What Supreme Ct. Justice worte about "a clear and presnet danger" of an evil that Congress had a right to defend?
Oliver Wendell Homes.
Which Pres subjected 120,000 Japanese-Americans on the West Coast, and later interned them in camps in the southwest shortly after the bombing of Pearl Harbor?
Franklin Roosevelt.
What is the latin saying that means "in time of war, the laws are silent."
Inter arma silent leges
What saying has chief executives (Pres's) based their strident decisions to abandon the Constitution during times of war?
Inter arma silent leges.
When did Congress pass the USA Patriot Act?
October 26, 2001
List the provisions of the USA Patriot Act:
1. secret search and seizures
2. "roving: wiretraps of suspects
3. tracking of the Internet and voicemail.
4. defining "terrorist" as anyone who knew or should have known that an idividual was engaged in or about to be engaged in terrorist acts.
Where did Democracy first emerge in the world?
Greek city-state, Athens
Name the democracy system that the city-state, Athens devise?
What does "democratia" mean?
rule of the people.
What was the source that the US founders used as their basis for an indirect representative form of gov't?
The Roman Republic.
T or F
The US founders used the city-state of Athens as the basis for their model of democracy.
False. They used the Roman's form of a republic
Who worte, "had every Athenian citizen been a Socrates, every Athenian adssembly would still have been a mob."
James Madison in the The Federalist.
What country influenced the founders with the notion of a limited form government?
What document influenced the US founders re: limited form of gov't?
The Magna Carta
Where was the Magna Carta from?
When was the Magna Carta originally formulated?
What did the Magna Carta limit?
The power of the British monarchy
What are the 3 docs that Magna Carta visibily influence?
1. Mayflower Compact
2. Declaration of Independence
3. Articles of Confederation
What did most of the New England colonies base their first governments on?
From what original source were "compacts" developed by the New England states?
The Puritan religion
What was the original purpose for the founding of Massachusetts?
A charter granting trade.
T or F
Massachusetts was originally founded as a private business venture?
Name the private business venture that originated Massachusetts:
Massachusett Bay Company.
When was the Massachusetts Bay Company fouded?
Name the Kin of England that originally chartered the Massachusetts Bay Co.?
King Chareles I.
What did the Mass. Bay Company's charter call for?
1. governing council including a governor, deputy governor, and 18 assistants, and
2. a General Court composed of the "freemen" of the company
What was the Mass. Bay Co.'s definition of a "freemen."?
Men who posessed property and wealth.
What agreement transferred all governing authority from the trading co. in England to the Mass. Bay Co. in the colonies?
The Cambridge Agreement.
What agreement established the Mass Bay Co as the de facto independent authority over Mass, the exclusive government of Mass?
The Cambridge Agreement of 1629.
When was the Cambridge Agreement reached?
List the the 8 states that were developed from royal grants?
New York
New Jersey
N. Carolina
S. Carolina
Describe how a royal grant worked?
King issued a warrant granding land and full governing rights to a lord or baron.
What described when a sole proprietor, granted by the King of Eng, enjoyed virtually absolute authority over a region's jurisdiction?
A royal grant.
WhatWhat was the name of any colny established by a royal grant called?
Proprietary colony.
What was the important contribution of the proprietary colonies in the formation fo US government?
The Parliamentary systems.
Define what a "becameral legislature"?
a representative lawmaking bocy consisting of 2 chambers or 2 houses.
Bicameral Legislature....... is what?
a representative form of gov't that has 2 chamber or 2 houses
Describe the bicameral colnial legislatures:
An upper house and a lower house.
Describe the members of the "upper House of colonial legislatures:
Appointed by the Crown or the proprietor on recommendation of the royal governor.
Describe the lower house of colonial legislatures:
members were elected based on the traditional English suffrage.
Describe the traditional English suffrage requirement:
a "forty-shilling freehold."
What is a fory shilling freehold?
To vote, one had to own at least forty shillings worth of land.
List 2 religions that many colonies prohibiting from voting:
Catholics and Jews.
Were women allowed to vote in the colonial days?
No way.
Define sovereignty?
Independent authority
What philospher influenced the colonists view that the separation of powers was the best way to conteract tendencies toward despotism?
Charles de Montesquuieu
What philosopher's writing helped the framers of the Constitution formulate the idea of "checks and balances?"
Charles de Montesguieu
What philosophical theory is the basis for the Declaration of Independence?
Social contract theorists.
What did the social contract theorists believe in?
individuals existed in a state of nature before the creation of a society or an organized gov't.
Who was the first major social contract theorist?
Thomas Hobbs
Who believed that life without authority brings no security or liberty?
Thomas Hobbs
What was Hobbs's most significant contribution to social contract theory?
notion of equality under the law.
Who was the MOST influential social theorist to the founders?
John Locke
What social contact theorist rejected Hobb's theory of a divine right to rule?
John Locke
What was the basis for John Locke's theory?
government exists to preserve the rights already present in society under nature.
What were the 3 basic natural rights of a people according to John Locke? of life
2.enjoyment of personal liberty
possession and pursuit of personal property.
John Locke's model of government resembled what?
British Parliament
Hobbs model of government resembled what?
British crown
What belief(s) did Locke and Hobbs share?
The right of a people to react against a government that oversteps its boundaries.
What caused the French and Indian War and the Seven Years wars?
French expansionism in the American Colonies.
What is a confederation?
a league of sovereign states that delegates powers on selected issues to a central government.
When did the French and Indian War end?
What was Britain's solution to lowering its debt following the French and Indian War?
Direct taxation of the colonies.
List the 2 significant British acts levied agains the colonists to attempt to extend Britain's influence and to extract revenue?
Sugar Act of 1764
Stamp Act of 1765
What act levied a 3-penney per gallon tax on molasses and other goods imported into the colonies?
Sugar Act 1764
What act required that revenue stamps be placed on all printed matter and legal documents, making it felt in every aspect of commerce in the colonies?
Stamp Act of 1765
T or F The Stamp act attempted to raise revenue by only increasing postage in the colonies?
What act affected playing cards and dice during colonial times by the British?
Stamp Act.
Who said, "virtual representation is one of the most contemptible ideas that ever entered the head of man?"
William Pitt
What British colonial acts taxed glass, lead, tea, and paper imprted into the colonies?
Townsend Revenue Acts
When did the British "redcoats" arrive in Boston to collect taxes from the colonists?
How many colonists were killed in the Boston massacre of 1770?
The Boston Massacre led to the repeal of all of the Townsend duties except which one?
Tax on tea.
Who formed the Boston Committee of Correspondence
Samuel Adams.
What were Committees of Correspondence?
The first institutionalized mechanism for communication within and between the colonies and foreign countries.
Name the chief supplier of tea to the colonists?
British East India Company
Which colonies were represented in the First Continental Congress
All 'cept Georgia
Which colonies were represented at the Second Continental Congress?
All 13.
Which Continental Congress issued the "Delcaration of AmericanRights?"
The First.
What event caused the British Parliament to declare Mass to be in open rebellion, giving British troops the right to shoot rebels on sight?
The Boston Tea Party.
Who actually alerted the colonists that British Gen. Gage was marching to Concord to destroy ammunition and gunpowder stored by the local colonial militia?
William Dawes
T or F Paul Revere alerted the colonists about Gen Gage's march to Concord.
False. Paul Rever was captured before reaching them. William Dawes was able to get through and warn them.
Where was the sight of the first armed resistance by Americans against the British?
Concord Mass.
What was the purpose of the Second Continental Congress?
To decide wheter to sever the bonds with England and delcare independence.
When did the Second Continental Congress convene?
In 1775, 3 weeks following the battles at Lexington and Concord Massachusetts.
T or F
The first return shot fired by the Americans against the British was at Lexington.
False. It was at Concord which followed Lexington.
Where was the first major confrontation between the colonials and the British forces?
Bunker Hill.
T or F
Thomas Paine's pamphlet, "Common Sense" was originally published anonymously in order for the author to avoid treason.
What publication sparked American interest in a revolution against Britain?
"Common Sense" by Thomas Paine
When did a resolution for independence get introduced into the Continental Congress?
June 7, 1776
Who drafted the final document on which the Continental Congress voted on declaring independence?
Thomas Jefferson.
T or F
The Declaration of Independence echoes Hobbes's theories of social contract.
False. It was based on John Locke.
Who was the first person to sign the Dec of Ind.?
John Hancock.
What was the first constitutional framework of the new USA?
Articles of Confederation?
What was later replaced by the current Constitution as the legal framework for the current gov't of the USA?
ARticles of Confederation
What was the confrntation between Mass farmers and merchants over debt repayments and legislation?
Shay's Rebellion
Which tax particularly irritated the colonists?
The Townsend Tax on tea.
What was the British Parliament's response to the Boston Tea Party?
The Coercive Acts.
What were the Coercive Acts?
1. Closed the Boston Harbor
2. Required quartering (inhabiting) of British soldiers in private homes
When was the first Continental Congress?
When did the Second Continental Congress adopt the Articles of Confederation and Perpetual Union?
What did the new central gov't lack under the Articles of Confederation?
1. the power to impose taxes
2. raise an army
3. regulate commerce
T or F
The new infant gov't established by the Second Continental Congress could protect citizens and private property.
False. It did not have the legislative aurthority.
What was the stated goal of the Constitutional Congress?
To revise the Articles of Confederation.
T or F
Some of the Constitutional Congress members believed that the Articles of Confederation should be scrapped altogether.
List the 2 major proposals debated during the Constitutional Convention?
1. The Virginia Plan
2. The New Jersey Plan
Which proposal debated at the Constitutional Convention called for a system of proportional representation in which the legislature would consist of 2 chambers or houses and each state's representation would depend on its population?
The Virginia Plan.
Which proposal debated at the Constitutional Convention called for a unicameral (one house) legislature in which each state would have one vote?
The New Jersey Plan.
Which proposal did the Constitutional Convention's delegates vote to use as the basis for further discussion?
The Virginia Plan.
Which states sought proportional representation in both houses?
States with large populations.
Which states called for an equal number of votes for each state?
States with smaller populations.
Describe the Great Compromise:
1. representation in the House of Representatives would be based on each state's population
2. each state would have 2 votes in the Senate.
The Connecticut Compromise is also known as:
The Great Compromise.
Which states wanted slaves to be included as part of a state's population in determining representation in Congress?
Southern states.
Which states did not want slaves to be included in a state's population for determining representation in Congress?
Northern states.
What was the compromise over the issue of the slave population and determining representation in Congress?
The Three/Fifths Compromise.
Describe the Three/Fifths Compromise:
Each state's representation would be determined by adding three-fifths of the number of slaves to the number of free citizens in that state.
What 2 proposals were discussed for the executive branch?
1. Single executive
2. Board of executives
What form of gov't did the Constitution create?
A republic
Describe what a republican form of gov't is:
people hold an indirect voting power over elected officials.
T or F
Originally senators would be voted directly by the people.
False. Originally sentors were chosen by the state legislatures.
Which clause in the Constitution dictates that the national government take precedence over those of any state gov't.
The Supremacy clause.
What was the name supporters of the Constitution adopted for themselves?
Who believed that the states should remain independent of the central gov't?
The Antifederalists.
T or F
The Constitution can be amended through a 3-stage process.
False. It can be amended through a 2-stage process.
List the 2 stages an amendment goes through to be amended:
1. Must be a proposal for change which requires either 2/3 vote of both houses of Congress or 2/3 of the states for a constitutional convention, and
2. Amendment must be ratified by vote of 3/4 of the state legislatures or 3/4 of specially created state ratifying conventions.
What are the 2 ways a constitutional amendment can be proposed?
1. 2/3 of both houses of Congress, or
2. a request from 2/3 of the states for a constitutional convention.
Describe the vertical powers of the Constitution:
The checks and balances amongst the 3 branches.
Describe the horizontal powers of the Constitution:
relationships between the centralized national government and the individual state governments.
Describe the electoral college:
1.votes in the national presidential elections.
2. are actually indirect votes for a slate of presidential electors pledged to each party candidate.
3. The winning slate of electors cast their votes in their state's capital after the public election.
How many votes constitutes a majority in the Electoral College?
What part of the Constitution describes the purpose of the Constitution?
The Preamble
What are the first words of the Constitution?
We, the People of the United States,
List 2 executive checks over the judiciary:
1. can appoint federal judges
2. can pardon people
List 2 executive checks over the legislative branch:
1. Can veto congressional legislation
2. Recommends laws.
List the 6 major responsibilities of the executive branch:
1. Implementing federal laws
2. Can call Congress into a special session.
3. Submits legislation to Congress
4. Makes treaties with foreign nations
5. Commander in Chief of the Armed Forces
6. Appoints executive officials and ambassadors
List the 1 judicial checks over the legislative branch:
1. Interprets the laws or invalidates them as unconstitutional
List the major judicial check over the executive branch:
Interprets presidential actions or renders them unconstitutional
List the 2 major responsibilities of the judiciary branch:
1. Interpret laws or actions of the executive branch
2. Can validate as unconstitutional acts of either the Congress or the Excecutive branch
List the 6 major responsibilities of the legislative branch:
1. Makes federal laws
2. Institutes and collects taxes.
3. Coins and borrows money
4. Regulates commerce with foreign nations and amongst the states
5. Establishes the post office and promotes progress science
6. Creates lower federal courts.
List the 4 legislative checks over the executive branch:
1. Can override the veto of the Pres.
2. Can refuse to confirm Presidential appointments
3. Can impeach the executive
4. Can refuse to ratify Presidential treaties.
List the 5 legislative checks over the judicial branch:
1. Can eliminate or refuse to create lower federal courts
2. Can refuse to implement judicial decisions
3. Can change jurisdiction of federal courts
4. Can impeach judges
5. Confirms federal judges.
What are powers that are expressly granted or enumerated in the Constitution and are limited in nature
Delgated Powers
What are powers not assigned by the Constitution to the national but left to the states or to the people, according to the 10th Amendment?
Reserved Powers
What are regulations by the states of the health, morals, public safety, and welfare of their citizens?
Police powers
What is the reduction of the size and authority of the federal government by returning programs to the states.
Which Article of the Const. sets forth the powers of the legislative branch?
Article I.
Which Article of the Const. sets forth the powers of the executive branch?
Article II. (Article 2)
Which Article of the Const. sets forth the powers of the judiciary
Article III (Article 3)
What is the 1st stage of the constituional amendment process, in which a change is proposed?
What is the 2nd step of the amendment process, the act of approval of proposed constitutional amendments
What is a supermajority?
A majority vote required for contitutional amendments; consists of more than a simple majority of 50 percent plus one.
At each stage of the of a proposed constitutional amendment, what is the required percent supermajority for passage?
Ratification sis accomplished by what percentage required by state legislatures or for a specially created state ratigying conventions.
3/4, three-fourths.
T or F
To date no amendment has been approved by consitutional convention.
T or F
All amendments have been proposed in Congress.
List the 4 main groups of purposes to past amendments of the Constitution:
1. Expand rights and equality
2. correct flaws in or revise the original constitutional plan for government.
3. make public policy
4. overturn Supreme Court decisions.
Cite 2 examples when special interest groups took over a process designed to express the wishes of the vast majority?
1. 18th Am. Begin Prohibition
2. 21st Am. Repeal Prohibition
What is judicial review?
The power of the Supreme Ct established in Marbury v. Madison to overtun acts of the president, Congress and the states if those acts violate the Constitution.
Which branch of gov't is the final interpreter of the Constitution?
The Supreme Court.
T or F
In the early days of the US, the Constitution protected the rights of all citizens.
Which President is attributed to declaring a "Second Declaration of Independence"?
Lincoln in the Gettysburg Address:
"This nation, under God, shall have a new birth of freedon-and that gov't of the people, by the people , for the people, shall not perish from the earth."
Desscribe the 10th (X) Tenth Amendment
Reserves powers not defined in the Const to feds to the states
Describe the 11th Amendment
limits fed judicial power from extending to any suit in law or equity, commenced or prosecuted against 0 of the United State by citizens of another state or by citizens or subject of any foreign state.
Descsribe the 12th Amendment
The process for electing the President.
Describe the 13th Amendment
Prohibits slavery
Describe the 14th Amendment
1. Right of citizenship
2. Right to due process
3. Right to equal protection
Which amendment is the Civil Rights Act based upon?
14th Amendment
Describe the 15th Amendment
The right to Vote
Describe the 16th Amendment
Gives Congress the right to levy and collect taxes
Describe the 18th Amendment
Established the prohibition of manufacture, sale and transportation of alcoholic (liquer)
Describe teh 19th Amendment
Gave women the right to vote
Describe the 20th Amendment
Establishes the dates of inauguration and the dates for Congress to convene.
What is the 20th Amendment is also known as?
The "Lame Duck Amendment"
Describe the 21st Amendment
Repeal of the Prohibition (18th) Amendment.
Describe the 22nd Amendment
Prescribes term limits for the President.
Describe the 23rd Amendment
Prescribes how presidential electors for the District of Columbia
Describe the 24th Amendment
Abolishes any poll tax that can be levied against a voter in any election of national gov't representatives.
Describe the 25th Amendment
Establishes the line of ascension for the office of the President in case of death or incapacitation.
Describe the 26th Amendment
Gave person 18 years or older the right to vote.
Describe the 27th Amendment
Requires an election cycle to pass before the Senate and House can have their raises take effect.
When was the last Const. amendment passed?

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