U.S. History Constitution Test Study Guide

-Right to Life, Liberty, and Pursuit of happiness -by John Locke -Protect the rights of all people

-written by Thomas Paine -states the unalienable rights -made America an independent nation -sparked war against Britain -stated injustices against King George and 28 grievances against him -says that people should consent to be governed -people should have a say in the law -birth of a new nation -government responsibilities

Succesful: -formed national government -enables America to declare war on Britain and win war against them Failed: -national government was too weak -national government could not levy taxes or trade between states Differences to the Constitution: -No president -Not a strong central government -Could not levy taxes or trade between states -Did not have three branches of government -written in 1776 by 2nd Continental Congress -first Constitution proposed to guide the U.S. government

-government is based on people consenting to be governed -government gets all of its power from the people -people have the right to change or abolish the government if it takes away their rights -government can only do what the people give it the rights to do

-purpose was to revise the Articles of Confederation -purpose changed because the 74 delegates whom were well educated and wealthy for the most part decided to write an entirely new Constitution -55 of the delegates wrote the Virginia and New Jersey plans that soon formed parts of the Constitution

Federalists: -well educated and wealthy -wanted a strong central government because they feared not having one would be too similar to the Articles of Confederation which failed Anti-federalists: -farmers -did not want a strong central government, but strong state governments because they feared the large states would dominate the smaller ones

-also known as the Connecticut Compromise -compromise between the Virginia plan and the New Jersey plan -written by Roger Sherman -legislative branch would have two houses -House of Representatives -number of representatives per state was based on population -House of Senate -number of representatives per state was two

-each branch may only do strictly what the Constitution allows it to -three branches -powers not given to the national government go to the state governments and to the people -does not have absolute authority -nobody is above the law -to prevent tyranny -people consent to be governed -separation of powers -make government effective but too powerful -must conduct itself among constitutional principles

-compromise between northern and southern states over slaves being counted as population -Northerners did not want slaves to count as population for representation because they were not counted as population -Southerners wanted slaves to count as population for representation so they would have more representatives -3/5 of slaves would be counted for representation and taxation -Northerners gained because not all slaves were counted but lost because some were -Southerners gained because some slaves were counted as representation but not all were and lost because they also counted for taxes

-strengthens the separation of powers -no branch has more power than another -limits authority of federal government -President can veto bills -Congress can override a veto -Congress can propose amendments to override judicial decisions -President appoints Supreme Court judges -Supreme Court can declare a law unconstitutional -Supreme Court can declare officers unconstitutional

legislative -Job: to make laws -Who: Congress, two houses, Senate and House of Representatives -Terms: Senate serves 6 year terms and House of Representatives serves 2 year terms -Elected in a direct election executive -Job: to carry out laws -Who: President, Vice President, and cabinet -Term: 4 year and can only serve 2 terms -Elected: President in direct and cabinet by President judicial -Job:to interpret laws and decide their meaning -Who: Supreme Court and Federal Courts -Term: entire life until they die, retire, or are impeached for bad behavior -Elected: by President

federalism-division of powers between national and federal governments -national government may only do what the Constitution says it can -states have more flexibility as to what they can do -allows states to deal with local problems and national government to deal with the national issues -also known as the Supreme Law of the Land

-Constitution is the primary law -states may make laws as long as they do not conflict with the Constitution

-stated in first words of the Constitution when it says "We the people..." -includes all people of America -makes it clear that power of government comes from the people

-first 10 amendments to the Constitution -Virginia and New York based their ratification of the Constitution on this -guarantees the rights of all people -written by James Madison

Ratify-to give formal approval -9 of 13 states had to ratify the Constitution for it to be put into use -document was sent to state conventions where there were elected delegates -Virginia and New York only ratified with the understanding that the Bill of Rights would be added -ratified in 1788

amend-to change or add to -27 in the Constitution -Framers made it very hard to add an amendment to the Constitution Process: 2/3 Legislature proposes or 2/3 Congress proposes and then 3/4 state convention or 3/4 legislature ratifies