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Definitions |
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Later Amendments
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1933 -1992
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Sixth
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speedy trial, habeus corpus (right to be informed of charges), confront and subpoena witnesses, have lawyer for defense
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weakness of Articles of Convention
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no draft; no tax; couldn't pay rev. war debt; not control interstate trade; no supreme court; no executive branch; no national currency; no control import export taxes between states; needed unanimity to amend; needed 9 of 13 states to pass legislation
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Eighth Amendment
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prohibits excessive bail, cruel and unusual punishment.
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First Amendment
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freedom religion (free exercise clause, establishment clause), freedom speech, press; freedom assembly and petition govt.
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Hobbes
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Levianthan; if left to own devices, chaos, in state of nature, life brutish, short; total power to monarch
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federalism
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system of govt in which national government and state governments share powers
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25th
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1967 - clarity re selction of new VP; VP temporary power if president disabled (LBJ - Kennedy)
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Fourth Amendment
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criminal, procedural investigations; no unreasonable searches or seizures; exclusionary rule
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Early Amendments (1795-1804)
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11th (1795) response to Chisholm - states can't be sued in fed ct by citizens of another state or country without states consent; 12th (1804) seperate votes VP, pres (election 1800 Burr, Jefferson - electors 2 votes each, split Republican vote)
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Locke
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Second Treatise on Civil Government; life liberty property are natural rights; duty of govt to protect these rights; if not, revolution
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Ninth Amendment
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reaffirms principles of federal government; powers not delegated to US by Constitution reserved to states or people (so rights not speciifcally mentioned are protected)
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Second amendment
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right to bear arms (all circumstances or only when serve in well-regulated militias?)
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examples of delegated powers
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printing money, regulate interstate trade, commerce; treatises, foreign policy; declaring war
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fed govt does not have power to...
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suspend habeus corpus; pass ex post facto (retroactive) laws or issue bills attainder (guilty of cap offense without trial); impose export taxes; use treasury mony without passage and approval of appropriations bill; grant tittles of nobility
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supremacy clause
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conflicts resolved in favor of federal law
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Marbury v madison
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judicial review
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Bill of Rights
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protect rights of individuals from government infringement; when Federalists guaranteed BR would be added, constitution ratified
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Accomplishments of govt under Articles of Convention (1774-1781)
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won rev war; Northwest Ordinance; treaty rev war; set precendence of federalism
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Federalists
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strong central government coupled with autonomous power retained by the states
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advantages of federalism
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mass participation (diverse constituents participate); regional automony (choices re public policy); government at many levels (politicians in touch with constituents concerns); innovative methods (experiment with feasibility of policies)
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Fourteenth Amendment
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(1868) to prevent South from denying rights to newly freed slaves; no state shall make or enforce any law abridges priv or immunities of any citizen; nor deprive life liberty property without DUE PROCESS, nor deny any person within its jusrisdiction EQUAL PROTECTION of the laws
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Montesquieu
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Spirit of Laws; seperation of powers
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Bill of Rights
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written by Madison
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State's rightests definition federalism
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relationship in which states retain most of political power
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examples of presidential practice
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executive orders (EO 9066 - internment) , executive agreements
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why never been constitutional convention?
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no one knows how extensively delegates could alter constitution (restricted amendments delegate elected for or rewrite whole thing?) -- balance budget one lost
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delegated or enumerated powers
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powers that belong to national government only
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Unwritten constitution
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judicial review, political parties, political conventions, party platforms, president's cabinet (const - exec depts but not must meet to seek advice)
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21st
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1933 - repealed prohibition (organized crime, widespread law breaking)
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26th
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1971- voting age to 18 ( response to number of young people serving Vietnam war)
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Anti-federalist
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opposed creation of strong central government; would threaten people's liberties and make president King
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Shay's rebellion
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Mass; six months;1000 armed farmers attacked federal arsenal to protest foreclosure of farms
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examples of concurrent powers
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collect taxes; build roads; operate courts; borrow money
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grants
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nationalists want categorical grants (strings attached - head start, medicaid, Food stamps); state's rightists want block grants (experiment and use money as see fit)
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Congressional overide
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2/3 of both houses
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Great Conneticut Compromise
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bicameral; house by population, senate equal for all states
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dual federalism
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first part US history - fed and sate govt separate and independent (nat govt concerned itself mainly with international trade, road construction, harbors, railroads, distribution land out West
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result of Shay's rebellion
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exposed weakness of Articles of Confederation; statemen saw need for stronger federal government
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20th
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1933 - defined procedures of pres and leg terms, shorten time between presidential election, inauguration
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Federalist Papers/Federalist #10
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Hamilton, Madison, Jay; advocates for large republic and warns of the dangers of democracy
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executive
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enforcer of laws, second check on power legislature (veto)
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seperation of powers
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leg (makes laws) , judicial (interprets laws), executive (enforces laws)
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crossover sanction
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state must do something before get money (raise drinking age 21 before highway money released)
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privileges and immunities clause
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cant refuse police protection or access to courts just because citizen of different state
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state govt does not have power to..
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treaties with foreign countries; declare war; print money; expost facto or bills attainder; grant titles nobility; impose import or export duties
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full faith and credit clause
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states must accept judgments, licenses, contracts, civil acts of all other states
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selective incorporation
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prcess of incorporating some of BR into state's laws 14th amendment extended due process protections to all Americans but did not immediatly apply protection of all of BR to all state laws; SC does it on case by case basis - using due process and EP clauses;
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why federalists opposed Bill of rights
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worried when rights written down explicitly, later interpreted as only rights people had
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State and local governments
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most structures like fed govt; governor; can grant pardons and reprieves; all leg bicameral except Nebraska; no overrides but line item vetos
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Article I, Section 8
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"necessary and proper clause" "elastic clause" (Congress make all laws necessary and proper to implement the delegated powers)
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24th
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1964- no poll taxes (AA in south unable to vote southern state elections)
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27th
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1991- if Congress votes for pay increase, can't take place effect until next election
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Fifth Amendment
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protect individual from broad powers of govt; grand jury, no double jeopardy, right to no self-incrimination, fed govt can't prohibit individual's right to DUE PROCESS
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Process for Amendments
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approved 2/3 each house, sent to states legislatures, 3/4 must ratify; states allowed to determine how many votes to ratify (most simple majority, some 3/5 or 2/3) or Congress mandate each state use ratifying convention (delegates elected to vote on amendment -21); constitutional convention (2/3 state legislatures petition)
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Nationalist define federalism...
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fed govt supreme in all matters and ultimately in control
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Civil War Amendments (1865-1870)
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13, 14, 15
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Tenth Amendment
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when powers not defined or delegated by Constitution, states have right to make their own individual judgements as long as doesn't conflict with Const or federal govt. (death penaly, speed limit, drinking age)
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disadvantages of federalism
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lack of consistency (create inequality in states); inefficiency(duplication, contradictory policies) bureacracy (power spread out - stalemate); overgovernment (too many cooks kitchen - corruption)
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23rd
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1961 residents DC get to vote in presidential elections
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extradition
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return fugitives to state from which fled
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examples of laws created by elastic clause
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Federal Reserve System, Cabinet, Federal and District Courts
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Seventh Amendment
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right trial by jury in common law cases
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Third Amendment
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forbids quartering of soldiers and direct public support of armies (right to privacy - Griswold)
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expansion of presidential power - presidential practice
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bypass congress; not mentioned in constitution
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22nd
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1951 - limit to 2 terms (FDR - 4)
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New Jersey Plan
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equal representation
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concurrent powers
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shared by state and national government
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reserved powers
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belong exclusively to states
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Virginia Plan
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large sates - states represented by proportinality of residents
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Rousseau
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social contract; only good govt freely formed with consent of people
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fed govt must...
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guarantee federal govt; protect against foreign invasion and domestic rebellion; prevent states from subdividing/combining without congressional approval
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important checks and balances
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nomination of fed judges, cab, ambassadors by pres, confirmation senate; negotiation of treaties by president, ratification senate; enactment of legislation, presidiential veto, congressional override (2/3 maj both houses); courts interpret constitutionality of laws
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Thirteenth Amendment
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1865; prohibits slavery exceptas punishemnt for convicted crime
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Progressive Era Amendments (1913-1920)
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1913 - 16 (income tax - replaced tarrifs as main revenue generator) 17 (direct election US senators) 1920 - 18 (Prohibition), 19 (women's sufferage)
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examples of reserved powers
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issue licenses, regulation of intrastate business; run and pay for federal elections;
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Counting slaves for purpose of representation
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3/5 Compromise
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