the first attempt of the USA constitution that was formed the basis of the government from 1781-1789
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what is the Philadelphia convention
convention held in philadelphia to revise the article of confederation but ended up creating a new constitution
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what does article 1 outline?
it establishes Congress as the national legislature with specific oiwers to coin money, lay and collect taxes and to declare war
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what were the less specific power of congress from article 1?
to provide the coommon defence and general welfare of the us; to make all 'necessary and proper' laws
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what role has congress gained from the elastic clause?
oversight of the executive
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what is outlined in article 2?
a single executive- vesting all executive power in the hands of the president whom will be chosen indirectly through an electoral college
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what does article 3 establish?
the supreme court - 'the angel of the constitution.
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where does judicial review come from?
marbury vs madison 1803
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what are the town ways amendments can be proposed?
congress with a 2/3rds majority in both houses or consitution convention- 2/3rds of states must call a convention
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what are the two wasy in which amendments can be ratified?
state legistures - 3/4 must vote to ratify or state constitution convention- 3/4rds of states much hold conventions and vote to ratify.
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what is the 12th amendment?-1804
revisaed the process of electing the President and VP
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what was the need for the 13th, 14th and 15th amendment?
followed the civil war; guaranteed rights to former slaves
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why is the 14th amendment important?
it provides citizenship and civil rights to former slaves through the 'equal protection' and 'due process' clause.
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what is the 16th amendment?
it increases government power as they can imposes an income tax
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what is the 17th amendment?
Provided a direct electin of the Senate who were orginaily elected by their state legislatures
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why is the constitution rarely amended?
The founding fathers wanted it to be a hard process; its diliberty unspecific; judicial review; Americans have become cautious of tampering with their constitution
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what did Montesqieu write that influence the separation of powers?
'when the legislative and executive powers are united in the same person, there can be no liberty
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what is limited government?
a principle that the federal government should be limited to that which is necessary only for the common good of the people
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why is separation of powers a misleading term?
becasue its the institutions being separate not the powers
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what did Neustadt say on seperation of powers?
the constitution was supposed to create a separation of power. it did nothing of the sort, rather it created a government of separated institutions sharing power
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How did Finer describe the shared powers of the executive and legislative?
its like two half of a bank note- useless without each other
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Other cards in this set
Card 2
Front
what is the Philadelphia convention
Back
convention held in philadelphia to revise the article of confederation but ended up creating a new constitution
Card 3
Front
what does article 1 outline?
Back
Card 4
Front
what were the less specific power of congress from article 1?
Back
Card 5
Front
what role has congress gained from the elastic clause?
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