American History I: Unit 3- Constitution Study Guide
Due: Thursday
1. Who holds the balance of power under the Articles of Confederation, states or the federal government?
State Governments hold the power, limited power to the federal government.
2. Describe the structure of national government under the Articles of Confederation. Be specific.
Very weak; only ONE branch- the legislative branch of government- Congress could make laws but could not enfoce them. NO PRESIDENT; NO NATIONAL COURT SYSTEM
3. What were the weaknesses of the Articles of Confederation? List them all.
Copy Pg. 69 in the Civics Book
4. Why did the Founders make the Articles of Confederation so weak?
They needed a federal document even with the weaknesses
5. What was generally true about voting rights in this time period? (Who could vote?)
White male land owners ; 15-gave AA men; 19-gave women (Suffrage-right to vote)
6. Explain the Land Ordinance of 1785. What did it prohibit in western lands?
Definition-
7. Explain the Northwest Ordinance.
Definition
8. How did expansion into the Northwest Territory impact Native Americans?
Pushed farther west
9. What was the issue of Shay’s Rebellion? Why is it important (results)?
Showed state government had too much power- more than the federal government. States were over taxing the farmers and farmers were in jeopardy of losing their land. Daniel Shay a farmer led a rebellion. Showed the AOC were too weak and a stronger central government was needed.
10. Besides the weaknesses of the Articles of Confederation, what other issue was causing problems for the new nation?
Debt from American Revolution, no unification, etc.
11. Why was the Constitutional Convention called? What did they actually do?
Lack of central power- needed to limit states powers. They met to originally revise the Articles of Confederation; instead they re-wrote a new document – US Constitution- Sept. 17, 1787
12. Define each of the following Constitutional principles:
a. Republicanism- We elect people to represent us. “Republic/Representative Democracy” à The United States has had this since 1787.
b. Popular sovereignty- Power to the people.
c. Separation of powers- Montesquieu; Legislative- makes laws; Executive- enforces laws; Judicial- Interprets laws.
d. Checks & balances- Montesquieu; Legislative can override a veto with a 2/3 vote. Senate cannot approve a presidential appointment; Courts can declare a law unconstitutional.
e. Limited government- government is not all-powerful. Government only has as much power as the people give it
f. Rule of law- NO one is above the law; the law applies to everyone.
g. Federalism- dividing of powers between your levels of government.
h. Supremacy clause- Federal government holds supreme power over the states.
i. Necessary & proper clause- Implied powers, powers note specifically listed in the constitution.
13. Compare the Virginia and New Jersey Plans. Who favored each plan?
VA- large states; based on population; james madison- like the House of Rep’s today.
NJ- small states; based on equal representation; William Patterson- like the Senate today.
14. What was the Great (Connecticut) Compromise?
GC- ended the six week debate over representation; created a bicameral legislature; house and senate; roger Sherman of Connecticut (only issue not settled was how to count slaves)
15. What was the 3/5 Compromise? What future problems might it cause?
Based on the slave count- for every 5 slaves; 3 count towards the population.
16. What was the Slave Trade & Commerce Compromise?
North would not interfere with slaves;
17. Describe the Electoral College.
Indirect method of electing the president. 538 total votes; 270 majority needed. If neither candidate gets a 270 then the HOUSE determines your PRESIDENT; Senate determines your VP.
18. How do you amend the Constitution (two steps)?
2/3 proposals and 3/4 ratification
19. What were the criticisms of the Constitution? How were they addressed?
OMIT
20. Who are the 2 groups that develop during the ratification of the Constitution? What does each side believe? Who generally supports each side?
Federalists- Alexander Hamilton, favored a strong central government
Anti-Fed- Thomas Jefferson, favored strong states rights. Only ratified because of the Bill of Rights being added.
21. What is due process? How does the Bill of Rights protect it?
5th and 14th amendments- Fair and equal treatment in the courts.
22. How does the Bill of Rights protect equal justice, private property, freedom of religion, and inalienable rights? Give specific parts as examples.
1st amendment- RAPPS, 5th amendment- Eminent Domain; All 10 amendments grant individual rights.
23. How many states needed to ratify the Constitution for it to take effect? Which state was that?
9 states- New Hampshire was the 9th
24. What are the 3 branches of government? What does each do?
Legislative (Article 1- makes laws), Executive (Article 2- enforces laws), Judicial (Article 3- interprets laws)
25. What is the federal government? Does the Constitution give more power to the federal government or the states?
National government- makes laws for the UNITED STATES; Constitution gives more power to the federal government but states and individuals rights are protected through the Bill of Rights.
26. What is the purpose of the Constitution? Why did we have to write the Constitution?
To set a framework (guideline) for government to follow. We re-wrote the US Constitution because the AOC were TOO weak.
27. What is the purpose of the Bill of Rights?
To grant individual rights and states rights.
28. Explain the free exercise clause and the establishment clause in the first amendment.
Congress cannot establish a national religion. You can believe or NOT believe; that is up to you.
29. What is the supreme law of the US?
U.S. Constitution- Sept 17, 1787
30. What were the Federalist papers? Who wrote them?
Essays the federalists used to gain support and backing for the US Constitution.
*Describe each of the following amendments in the Bill of Rights.
31. 1st Amendment: RAPPS (Religion, assembly, press, petition, speech) à Religion- Government cannot enforce a national religion (establishment clause). You have the right to choose (free exercise clause).
32. 2nd Amendment: Right to bear arms.
33. 3rd Amendment: No quartering troops
34. 4th Amendment: No unreasonable searches and seizures. Exclusionary rule- any evidence obtained illegally cannot be used in court
35. 5th Amendment: 5 parts- Double Jeopardy (can’t be tried twice for the same crime); Due Process (Fair treatment); Miranda Rights (read your rights when arrested); Eminent Domain (government can take your property for public use); No self-incrimination (I plead the fifth)
36. 6th Amendment: Criminal Cases; right to an attorney/legal counsel (fair trial)
37. 7th Amendment: Civil cases; right to a jury trial (fair trial)
38. 8th Amendment: No cruel and unusual punishment/no excessive bail
39. 9th Amendment: Peoples rights (unalienable rights, etc)
40. 10th Amendment: Powers reserved to the states (education, marriage laws, etc)