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…
John Locke
Magna Charta
Zenger Trial
Articles of Confederation
flaws
Shays Rebellion
Tip [see Crash Course US History #8]
Mt. Vernon Meeting - Annapolis Meeting
The Constitutional Convention, Philadelphia 1787
[in general, as a group] who were the founding Fathers? [class, etc]
Roles of…
James Madison
Roger Sherman
Ben Franklin
Alexander Hamilton
Washington
the Virginia Plan : strong central gov, little democracy, favored big states
New Jersey Plan : weak central gov, unicameral with states equal power
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
We the People [popular sovereignty ]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
republican form of government [all states must have!]
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 “LAYER cake” federalism [1937-1970s]
Unfunded mandates
Grants
New Federalism / “Marble Cake” [1970s-present]
devolution
USA v Lopez [1995] Texas gun in schools case
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
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
implied powers clause / “elastic clause”
commerce clause
POWERS
habeas corpus
ex post facto
no test of religion for office
no bill of attainder
Protections of Liberty in the original constitution
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
RESERVED powers
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
EXPRESSED POWERS OF CONGRESS
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
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]