MIE 305 - Chapter 7.
Articles of Confederation - ANS-A weak constitution that governed America during the
Revolutionary War.
no national government --> no tax --> panic of 1785
confederal system - ANS-National (upper) and State (lower) levels of government
State is the supreme authority, state's decide how the State's government. The state's tell the
national government what to do
Federal System - ANS-National (upper) and State (lower) levels of government
State retain certain powers: general police powers (laws to pertaining to health, safety, welfare
or morals of the people)
National government has more power → power of preemption (state v federal -- federal trumps
state policy always)
factors impacting movement toward development of the US Constitution at the Philadelphia
Convention
Structure of the Constitution - ANS-3 parts; the preamble, the articles(7), and the amendments
7 articles of the constitution - ANS-1.) Legislative Power; 2.) Executive Power; 3.) Judicial
Power; 4.) States' Power & Limits; 5.) Process of Amendments; 6.) Federal Powers; 7.)
Ratification
1. Legislative Branch - ANS-Senate v House of Representatives
House of Rep: has the power to propose change about taxation and it has to be approved by
Senate
Commerce Clause
Most federal power
Will of the people
checks and balances
2. Executive Branch - ANS-Single chief executive
A single individual to execute particular powers of government is illustrated by the fact that the
president is commander-in-chief of the military and the primary and architect of the country's
foreign affairs policy.
3. Judicial Branch - ANS-b/c of state playing home state favorite
Federal courts have diversity jurisdiction
, Supreme Court of Justice
4. Federalism - ANS-Inter-state relationship → economic growth
privilege and immunity clause - ANS-prevents a state from treating citizens of other states in a
discriminatory manner.
Full Faith and Credit Law - ANS-recognize proceedings and declaration of other states (ex:
marriage, driver license)
republican government clause: - ANS-a member of this union you are part of the republic →
state will ALWAYS have representation in the government
5. amendment - ANS-Bill of Rights: first 10 amendments - the O's
General Amendments (27 - last 1992)
Congress or States can propose an amendment by ⅔ approval
Ratification can only happen by the States by ¾ to approve
13-15: Civil War Amendments - ANS-13: banned slavery
14: Guarantee due process of law and equal protection of the laws
15: right to vote regardless of race
separation of powers: - ANS-constitutional mandate that requires branches of government, with
each branch charged with performing certain functions
checks and balances: - ANS-under the constitution, the process by which each branch of
government restraint he power of another branch
Judicial Review (Marbury v. Madison) - ANS-The power of the courts to declare laws
unconstitutional
Federalism - ANS-doctrine under which lawmaking is decided between a federal government
and and a state government
police powers: - ANS-government powers, including the areas of public safety, health, welfare,
and morals which are traditionally domains that are regulated by state government
Concurrent powers - ANS-powers that are exercise by both federal and state governments
Ability to tax a business/ spend money
Supreme Court: At first → increased federal power, now → inc state power
Articles of Confederation - ANS-A weak constitution that governed America during the
Revolutionary War.
no national government --> no tax --> panic of 1785
confederal system - ANS-National (upper) and State (lower) levels of government
State is the supreme authority, state's decide how the State's government. The state's tell the
national government what to do
Federal System - ANS-National (upper) and State (lower) levels of government
State retain certain powers: general police powers (laws to pertaining to health, safety, welfare
or morals of the people)
National government has more power → power of preemption (state v federal -- federal trumps
state policy always)
factors impacting movement toward development of the US Constitution at the Philadelphia
Convention
Structure of the Constitution - ANS-3 parts; the preamble, the articles(7), and the amendments
7 articles of the constitution - ANS-1.) Legislative Power; 2.) Executive Power; 3.) Judicial
Power; 4.) States' Power & Limits; 5.) Process of Amendments; 6.) Federal Powers; 7.)
Ratification
1. Legislative Branch - ANS-Senate v House of Representatives
House of Rep: has the power to propose change about taxation and it has to be approved by
Senate
Commerce Clause
Most federal power
Will of the people
checks and balances
2. Executive Branch - ANS-Single chief executive
A single individual to execute particular powers of government is illustrated by the fact that the
president is commander-in-chief of the military and the primary and architect of the country's
foreign affairs policy.
3. Judicial Branch - ANS-b/c of state playing home state favorite
Federal courts have diversity jurisdiction
, Supreme Court of Justice
4. Federalism - ANS-Inter-state relationship → economic growth
privilege and immunity clause - ANS-prevents a state from treating citizens of other states in a
discriminatory manner.
Full Faith and Credit Law - ANS-recognize proceedings and declaration of other states (ex:
marriage, driver license)
republican government clause: - ANS-a member of this union you are part of the republic →
state will ALWAYS have representation in the government
5. amendment - ANS-Bill of Rights: first 10 amendments - the O's
General Amendments (27 - last 1992)
Congress or States can propose an amendment by ⅔ approval
Ratification can only happen by the States by ¾ to approve
13-15: Civil War Amendments - ANS-13: banned slavery
14: Guarantee due process of law and equal protection of the laws
15: right to vote regardless of race
separation of powers: - ANS-constitutional mandate that requires branches of government, with
each branch charged with performing certain functions
checks and balances: - ANS-under the constitution, the process by which each branch of
government restraint he power of another branch
Judicial Review (Marbury v. Madison) - ANS-The power of the courts to declare laws
unconstitutional
Federalism - ANS-doctrine under which lawmaking is decided between a federal government
and and a state government
police powers: - ANS-government powers, including the areas of public safety, health, welfare,
and morals which are traditionally domains that are regulated by state government
Concurrent powers - ANS-powers that are exercise by both federal and state governments
Ability to tax a business/ spend money
Supreme Court: At first → increased federal power, now → inc state power
