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AP Government G P H S / Frye STUDY GUIDE #2 The Constitution There will be 30 to 40 multiple choice questions & short answer Historical precedents to the Constitution including… Puritan covenant and colonial charters John Locke Magna Charta Zenger Trial Articles of Confederation flaws Shays Rebellion [see Crash Course US History #8] Mt. Vernon Meeting - Annapolis Meeting The Constitutional Convention, Philadelphia 1787 [in general, as a group] who were of the founding Fathers Roles of… James Madison Roger Sherman Ben Franklin Alexander Hamilton George Mason Washington the Virginia Plan New Jersey Plan Founders view of human nature? Great or Connecticut Compromise Montesquieu’s theory of dividing power (3 ways/branches) 3/5 Compromise and the way the Founders [mis]handled slavery Preamble – 6 purposes of Government - do not need them memorized but should know what the phrases mean…. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America popular sovereignty Republican form bicameral legislature purpose of the Electoral College Federalism unitary, federal, confederacy – American federalism supremacy clause - ladder of law full faith and credit clause dual federalism [1787-1937ish] “cooperative” or “marble cake” federalism [1937-1970s] Unfunded mandates Grants New Federalism [1970s-present], devolution USA v Lopez [1995] Texas gun in schools case Gonzales v Oregon [2004] McCulloch v. Maryland : “The power to tax=the power to destroy” separation of powers and checks and balances among the 3 branches STRUCTURE OF GOVERNMENT IN AMERICA * Initial dominance of legislative branch basic duties of EXECUTIVE, LEGISLATIVE, JUDICIAL branches their names and members (descriptions, ages, terms) each branches METHODS to check other branches for example: veto, power of taxation and budget, judicial review Qualifications, terms for members of the House of Representatives Qualifications, terms for members of the Senate necessary and proper clause Qualifications, terms for members of the federal Court judicial independence judicial review [(un)Constitutional] Marbury v Madison …“An act of the legislative repugnant to the Constitution is void … it is emphatically the province of the judicial department to say what the law is.” John Marshall, 1803 Qualifications, terms for President [and VP] Topic of each of the 7 Articles of the Constitution 4 ways to FORMALLY AMEND the Constitution 5 ways to INFORMALLY AMEND the Constitution rule of law enumerated powers of Congress [federal government] • Collect taxes • Borrow money • Regulate trade • Establish Bankruptcy codes • Coin money • Establish post offices • Provide a military • Provide a militia • Make all necessary and proper laws • Declare War implied powers clause / “elastic clause” commerce clause denied powers National Government * May not violate the Bill of Rights * May not impose export taxes among states * May not use money from the Treasury without the passage and approval of an appropriations bill * May not change state boundaries * May not suspend a person's rights without due process habeas corpus ex post facto no test of religion for office no bill of attainder Protections of Liberty in the original constitution Ratification Debate Federalists the Federalist Papers authors basic point of the ones we read [10, 51] factions / solutions “tyranny of the majority” Antifederalist ideas 4 modern critiques of Constitutional order [see Wilson] A]…The Beard thesis B]… Equality, incl. women C]…Critique of Sep of Powers D]…Critique that Gov’t. is too powerful Who could vote in 1788? The Bill of Rights [Madison] Basic provisions of the TEN Amendments 1 – Expression [5 things] 2 – Guns 3 – Quartering 4-8 – Trials [incl. Life, Liberty, Property] 9 – Unlisted Rights 10 – Unlisted Powers Reserved to States [Federalism] State Governments reserved for FEDERAL GOV’T. * May not enter into treaties with other countries * May not print money * May not tax imports or exports * May not impair obligations of contracts