SHAPING A NEW NATION

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SHAPING A NEW NATION
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9.Feudalism is important to the development of
constitutional government because it

• Introduced the idea of government based on
  contract

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10.The Magna Carta includes the important
constitutional principle that established

• Government based on rule of law

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12.In colonial America the right to vote most
often depended on a persons gender and

• Property ownership

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• July 1776 - Continental Congress issues the
  Declaration of Independence
• State Governments formed
• August 1776 debate over new government
  resulting in the Articles of Confederation (not
  ratified until 1781)
• 1777 - A of C submitted to the states for
  ratification

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The Second Continental Congress of Revolutionary
days was little more than a conference of
ambassadors with very limited power.
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13.The Declaration of Independence

• stated the colonists grievances against British
  rule
• Defied the political authority of Britain over
  the colonies

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Most of the first state constitutions provided
for supremacy of the

• Legislative branch

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REPUBLIC

• a government in which citizens govern themselves
  through elected representatives
• idea that governments should be based on the
  consent of the people

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The Constitutional principle of popular
sovereignty gives power to the people.
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1. According to the natural rights philosophy ,
the main purpose of government is to

• Protect individual rights

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2.To say that the rights to life, liberty and
property are unalienable means that they

• Cannot be given up or taken away.

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4. According to the principle of private
domain,government

• May not interfere in certain aspects of citizens
  lives

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3. Constitutional government

• Tries to limit governmental power but does not
  always succeed
• Can exist in dictatorial governments
• May be unwritten

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Americans Debate Republicanism

• John Dickinson
• Civic Virtue
• Is best described as putting the common good
  above your own individual interests
• The ultimate guarantor of liberty and justice was
  the virtue of the people

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Responsibilities of citizens in a democratic form
of government include

• Voting, serving on a jury, obeying laws, and
  serving the community

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56. In a constitutional democracy , citizens are
expected to

• Think critically about public issues and
  participate in public affairs

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7. In comparison with the Greek and Roman ideals
of civic virtue, Judeo-Christian tradition

• Stresses the dignity and worth of each individual

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• Americans Debate Republicanism
• Adam Smith
• Self Interest

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8.One result of the rise of capitalism was that

• People paid greater attention to their private
  interests

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55. Because many Americans believe that their own
opportunity to succeed is related to the well-
being of society, they

• Act for the common good our of enlightened self
  interest

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The Continental Congress DebatesTHREE MAIN
QUESTIONS

• Supreme Power Can it be divided ?
• Representation by population or state ?
• Western Lands Who gets them ?

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Supreme Power Can it be divided ?

• The debate between the supporters and critics of
  the Articles of Confederation centered how to
  reconcile states rights with strong national
  government
• Federalism
• Federation
• Confederation

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20. According to the supremacy clause of the
Constitution,supreme law of the land refers to

• The Constitution, federal laws, and treaties

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32. In our federal system , the scope of the
national government's authority grew
significantly due to the Supreme Courts
interpretation of the

• necessary and proper clause

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Representation by population or state ?

• Decided should be determined by equal
  representation of each state

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Western Lands Who gets them ?

• The major issue that delayed ratification of the
  Articles of Confederation concerned western
  lands.

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The Articles of Confederation were finally
approved when all states claiming western lands
surrendered them to the national government .
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The Land Ordinance of 1785 provided for all of
the following

• money from land sales should be used to pay off
  the national debt
• the land should be surveyed before its sale
• the territory should be divided into townships
  six miles square
• the sixteenth section should be sold to support
  education

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The Land Ordinance of 1785 did NOT prohibit
slavery .
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The Northwest Ordinance of 1787

• established a procedure for governing the Old
  North west territory.
• was important because it set a pattern for the
  orderly growth of the United States.

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The most farsighted provision of the Northwest
Ordinance of 1787 was that it prohibited slavery
in the Old North west.
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17. A major weakness of the Articles of
Confederation was a weak central government and
its lack of authority to regulate interstate
trade.
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The economic status of the average American at
the end of the Revolutionary War was probably
worse than before the war.
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Shay's Rebellion was provoked by foreclosures on
the mortgages of backcountry farmers.
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Under the Articles of Confederation, the
relationship between the thirteen states
convinced many that a stronger central government
was needed.
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The Constitutional (Philadelphia) Convention

• was called to revise / amend the Articles of
  Confederation in 1787.

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Revolutionary Leaders

• PRESENT AT THE CONSTITUTIONAL CONVENTION
• Benjamin Franklin
• George Washington
• Alexander Hamilton
• James Madison

• NOT PRESENT AT THE CONSTITUTIONAL CONVENTION
• Thomas Jefferson
• John Adams
• John Hancock
• Benedict Arnold

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Motives of the delegates to the 1787
Constitutional Convention in Philadelphia

• To preserve the union
• To forestall anarchy
• To ensure the security of life and property
• To curb unrestrained democracy

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16.Some Founders believed that majority rule
could be a threat to

• Natural rights.
• Why ?

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Most of the delegates at the Constitutional
Convention could best be labeled nationalists.
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The framer considered to be the Father of the
Constitution was

• James Madison

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VIRGINIA PLAN

• Proposed by James Madison
• Bicameral legislature
• Two Houses
• Executive chosen by the legislature
• Judiciary also named by the legislature

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Key Conflicts in the Constitutional Convention

• Strong Central Governments VS. Strong States
• Federalism
• Large States VS. Small States
• Representation
• North VS. South
• Slavery

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The "large-state plan" put forward in the
Constitutional Convention

• based representation in the House and Senate on
  population.

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19.In the debate over representation in
Congress, the larger states generally favored

• Proportional representation

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THE GREAT COMPROMISE

• Roger Sherman
• Worked out an acceptable scheme for apportioning
  congressional representation
• Created the legislative branch as bicameral
• Equal Representation in Senate
• Proportional Representation in House

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The one branch of the government elected directly
by the people is the

• House of Representatives

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The idea that all tax measures should start in
the House was made to appease

• the big states with the most people .

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Slave issue related compromises

• Congress prohibited from taking any action to
  control slavery for a period of 20 years (until
  1808)
• "three fifths" compromise
• slaves count as 3/5 of person for representation
  and taxation

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The New Constitution established the idea that
the only legitimate government was one based on

• the consent of the governed We the People
  instead of the States
• PREAMBLE

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The creation of three branches of government is
known as

• separation of powers.

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The Founders believed that the separation of
powers was important in order to

• Prevent the misuse of power

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Separation of Powers

• Executive
• Executes (carries out) the laws
• Legislative
• Creates laws
• Judicial
• Interprets laws

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The division of power between the national
government and the states is known as the
Constitutional principle of

• FEDERALISM
• SHOW VIDEO

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Common beliefs of the delegates to the
Constitutional Convention

• government by the consent of the governed
• checks and balance in government
• the sanctity of private property
• a stronger central government

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27. In comparison with the executive branch as
organized by the First Congress, the executive
branch today has

• Grown larger and more complex

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Under the Constitution, the president of the
United States was to be elected by a majority
vote of the

• Electoral College

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Why did the Framers adopt the electoral college
method of choosing a president ?

• They did not trust the judgment of the people

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42.The decline in voter turnout or participation
has resulted in

• Increased influence of special interest groups

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The delegates at the Constitutional Convention
stipulated that the new Constitution be ratified
by

• state conventions

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30.The first political parties in the United
States developed because of differences regarding
the

• Power of the federal government

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Anti federalists believe that the sovereignty of
the people resided in which branch of the central
government

• legislative

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The anti-federalist camp included

• states' rights supporters
• backcountry dwellers
• opponents of a bill of rights

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23.The major objection to the Constitution by
George Mason and other Anti-Federalists was that

• It failed to contain a bill of rights.

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24.The most important goal of the
Anti-Federalists was to limit the

• Powers of the central government.

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The Federalists favored

• a strong national government.

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The federalists believe that the sovereignty of
the people resided in which branch of the central
government?

• executive legislative judicial

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25.The Federalists believed that the best way to
protect natural rights was to

• Rely on separation of powers and checks and
  balances.

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The Federalist Papers were written as an
attempt to

• explain and defend the Constitution

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Among other views, The Federalist, written
during the ratification debate, argued that it
was

• possible to extend a republican form of
  government over a large territory

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26. Among the important tasks facing the First
Congress in 1789 was the need to

• Create a system of federal courts

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31.Critics of judicial review claim that it
conflicts with principles of

• Representative government

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60.People who favor a policy of judicial
restraint argue that the

• Courts power to intervene in executive and
  legislative functions should be limited

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The right of the people to express themselves
comes fromthe first amendment which is a part of
what section of the Constitution?

• THE BILLOF RIGHTS
• 1st Amendment

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45.The First Amendment clearly limits the powers
of the

• Congress

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A town council refusing to grant a permit for the
Ku Klux Klan to march might violate

• The First Amendment

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44. The free exercise clause of the First
Amendment prevents government from

• Interfering with the right to practice ones own
  religion

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48. Individuals and groups that lobby government
officials are exercising their

• Right to petition
• 1st Amendment

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29.The Framers believed it was necessary to
preserve the right of the people to keep and
bear arms so that

• Citizens would be able to defend their liberty

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51. An argument in favor of the exclusionary rule
is that it

• Encourages the police to protect defendants
  constitutional rights
• 4th Amendment

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11.The purpose of a writ of habeas corpus is to
protect the individual against

• Unlawful detention
• 5th Amendment

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49. Procedural due process is based on the idea
that

• Government officials must obey the law
• 5th Amendment

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50. A legal system in which two opposing sides
present their case to an impartial judge or jury
is known as

• An adversarial legal system
• 6th Amendment

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52.The right to a fair trial provided in the
Bill of Rights reflects the value of

• Limited government
• 5th and 6th Amendments

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53. On the issue of capital punishment, the
language of the Constitution appears to

• Accept the legitimacy of the death penalty.
• 8th Amendment

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28.The Ninth Amendment was included in the Bill
of Rights

• To protect rights which were not specifically
  listed

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37.The right to equal protection of the laws
means that the government

• May not unfairly or unreasonably treat people
  differently
• 14th Amendment

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How did the 14th Amendment change the meaning of
national citizenship?

• It extended the status of national citizenship to
  people regardless of race

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39.Under the separate but equal doctrine , the
Supreme court upheld laws requiring racial
segregation, despite claims that such laws
violated the

• equal protection clause
• 14th Amendment

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43.In principle, affirmative action programs for
women and minorities were designed to

• Remedy the effects of past discrimination

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58. A basic difference between the Bill of
Rights and the Universal Declaration of Human
Rights is that the Bill of Rights

• Is enforceable by an authorized government

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One of the enduring paradoxes of American History
is that

• both liberals and conservatives have championed
  the heritage of democratic revolution

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Time, place , and manner restrictions on freedom
of expression are generally upheld by the course
if they

• Do not make it overly difficult for a person to
  share their ideas with others

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On the issue of capital punishment , the language
of the Constitution appears to

• Accept the legitimacy of the death penalty

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Black Codes were passed in the Southern states to

• Limit the newly won freedoms of former slaves

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The leaders of the civil rights movement were
significantly aided by the Constitutions
protection of

• Freedom of assembly and petition

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The struggle to extend voting rights to women was
made especially difficult by

• Traditional views held by many people about the
  proper role of women

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In the decades immediately following their
ratification, the Civil War Amendments did little
to protect the rights of African Americans because

• Federal officials did little to enforce the
  provisions of the amendments

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When Southern states seceded from the Union, they
justified their actions by arguing that the
United States was a

• Federation of sovereign states

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The Supreme Courts decision in the Dred Scott
case helped provoke the Civil War by ruling that

• Congress could not prohibit slavery in the
  territories

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LEGISLATIVE BRANCHCREATES LAW

• CHECKS ON LEGISLATIVE POWERS
• Presidential veto of federal bills
• Supreme Court can rule laws unconstitutional
• Both houses of Congress must vote to pass laws,
  checking power within the Legislature

• POWERS
• Passes federal laws
• Establishes lower federal courts and the number
  of federal judges
• Can override the Presidents veto with two-thirds
  vote

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EXECUTIVE BRANCHEXECUTES THE LAW

• POWERS
• Approves or vetoes federal bills
• Carries out federal laws
• Appoints judges and other high officials
• Makes foreign treaties

• Can grant pardons and reprieves to federal
  offenders
• Acts as commander-in-chief of armed forces

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CHECKS ON EXECUTIVE P OWERS

• Congress can override vetoes by two-thirds vote
• Senate can refuse to confirm appointments or
  ratify treaties
• Congress can impeach and remove the President
• Congress can declare war
• Supreme Court can declare executive acts
  unconstitutional

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JUDICIAL BRANCHINTERPRETS THE LAW

• POWERS
• Interprets and applies the law by trying federal
  cases
• Can declare laws passed by Congress and executive
  actions unconstitutional

• CHECKS ON JUDICIAL POWER
• Congress can propose constitutional amendments to
  overturn judicial decisions (requires 2/3
  majority in both houses and ratification of ¾ of
  states