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History test

chapter 5


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gov't structure where national gov't is weak & state gov't hold supreme power.
Land Ordinance
1785- plan to survey western areas to develop new territories.
Northwest Ordinance
1787- set requirements for adding new states to the US. greatest achievment of the AOC.
Virginia Plan
big states-called for 2 law making groups
New Jersey Plan
small states-called for 1 law making groups.(uni-cameral)
Bicameral Legislature
2 rep.s per state/appointed upper house: senate lower: house of representatives. min. 1 rep. per state total # based on population/elected. (type of legislature used today, result of great comprimise.)
unicameral legislature
representation equal for all states. 1 law making group same as AOC.
Great Comprimise
the solution to the big states vs. small states debate. a 2 house congress to satisfiy both.
3/5 Compromise
(60%) of total slave population counted in slave pop. North: NO south: YES
gov't structure where national & state gov't share basic power, each have there own powers, and that national gov't is always supreme.
enumerated powers
listed powers, go to the national gov't, found in article I of constitution.
reserved powers
the powers given to the state gov't. (federalists system)
Bill of right
group of the first 10 amendments. protected the rights of the citizens.
a change/addition to the constitution - process is explained in article V of the constitution.
needed 9 states.
the action of extracting a person accused or convicted of a crime.(illegal)
ex post facto law(after the fact)
illegal- punishing a person for an act that was once legal when it happen and now illegal.
bill of attainder
prohibits the passing of any law that denies a person a trial.
the minimum # of member of assembly present to make the meetings valid.
someone who is called into questionof interigrity or validity.
the president has to right to refuse a law that has not been passed yet.
crime of betraying ones country.
document issued by a legal or government official authorizing the police or some other body to make an arrest.
probable cause
a reason for a search or pressing a charge on a person. the officer has the power to search anything with a reason.
NJ vs. TLO (1985)
supreme court case involeing state court case vs. teenager.
Checks and Balances
ensure equality of branches. powers of one branch not over lapping over one.
division of powers
national govt and state gov't. the way it is split up. some powers are shared. states are reserved.
separation of powers
3 branches of national gov't created to limit and define and limit authority. legislature, executive, and judicial.
electoral college
method used to choose president/Vice president. 538 total (DC gets 3) # of reps+# of senator= # of electoral votes per state. feared giving ppl too much power. bigger states have more say.
Declaration of independence > author >3 alienable rights
>thomas Jefferson >life, liberty, and pursuit of happiness
Shay's Rebellion >what weaknesses of the AOC did it reveal?
each states had equal rep. in senate. every state had debt ridden farmers. weakened AOC. no national unity and powerless national gov't.
Democracy vs. democratic republic: explain what each is; which does america have today?
democracy> elected reps. part of US past. Democratic republic> style of gov't in which the people rule through elected officials. US becomes a democratic republic(based on peoples consent.
Article of Confederation > 2 signers for NJ > 2 Major problems > how was representation in congress(state power) set up? > how many states needed to approve in order to make changes? > how many branches of gov't were there, and what were they called?
americas first written plan of gov't. >john witherspoon and nathaniel scudder. >ppl. fear a strong central gov't , ppl. value liberty gov't 1st, equality 2nd > based on consent of ppl., ppl. govern thru elected officials > 9 out of 13. >3 branches, legislative, executive, judicial
Writing the Constitution...
Big vs. Small states- debate, suggestions, solutions
virginia plan(big) and new jersey plan(small) solution: GReat Comporimise- bicameral legislature >each state rep. in senate or upper house. 2 reps appointed size of pop determined rep in HOR. min of 1 rep per state/ elected.
Federalist vs. Anti-federalists: their main argument? how was it resolved?
ferderalist> don't change constituition, favored a balance of power. anti-federalist> list of protections for ppl, feared a strong national gov't. solution= bill of rights
federalism- 3 features/ characteristics(see vocab.), explain
a. system of gov't where power is divided btw national and state gov't(share powers) b. separation of powers(3 branches) c. checks and balances
The US Constitution...
Preamble: what are the 6 stated purposes of why "we the people...est. a constitution"?
1. form a more perfect union 2. est. justice 3. insure domestic tranquility 4. provide common defense. 5. promote general welfare 6. secure the blessings of liberty of ourselves and prosperity
article I-VII- what topics are talked about in each; why are the 3 branches set up in this order?
article I- legislative branch= all powers granted vested in congress of the US. article II- executive branch= vested in president of the US. carryout laws of land. article III- judicial= vested in supreme court and others est. article IV. relationships of states= same faith and credit for every state and congress may by laws. aricle V. amendment process 2/3 of houses to amend const. article VI. national supremacy. article VII. ratifications of 9 states shall be sufficant 4 est. b/w state fairness.
article VI section 2- supremacy clause
if you commit a crime the person shall on demand of excecutive authority of states be removed for having a jurisdiction for the crime.
Article I, section 8, clause 18 "nessesary and proper" clause
to make laws nessesary for carrying into execution the foregoing powers and all other powers vested in the US.
Total # of amedments made to constitution
Bill of Rights; # 1-10; what does each amedment talk about?
1-8 protect personal liberties 9-10 limit national gov't
other amendments # 18, 19, and 21
18. prohibition. ratified 19. women sufferage. women has the right to vote. rights should not be denined by sex. 21. repeal of prohibition. bacck to 18 where it was ratified, now repealed.
requirements and terms of office >senators >representatives >president
rep.>minimum age: 25, state in which elected, citizenship : 7 yrs. senate.>age: 30, state in which elected, citizenship 9 yrs. president> age: 35, 14 yrs. in the US, citizenship: natural born.
how many states had to ratify the constitution before it became a law?
3/4 to ratify
how many states must approve a new amendment for it to become a law?
2/3 to approve
1st 3 states to ratify the US constitution
delaware, pennsylvia, New Jersey
# of electors, how determined?
3 electors, 2 senate+1 reps= 3
confederation system created:
1. alliance of independent states 2. 2 levels of gov't share basic powers 3. limits placed on power of national gov't

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