Confederal (confederation): a loose union of independent states
1. No separate executive branch to carry out the laws of Congress 2. National judiciary to handle offenses against the central gov‘t laws or to settle disputes between states (i.e.: Shay’s Rebellion)
3. Congress did not have the rt. to levy taxes 4. Congress could not regulate interstate or foreign commerce.
5.The states as well as Congress had the power to coin money 6. Congress could not support an army or navy and was dependent on state militias
7. Nine sts. had to approve every law 8. Amendment of AOC required unanimous consent.
The federal government is born with the writing of the Constitution and disestablishment of the Articles of Confederation
Lazy Elephants Jump Slowly And Sleep Regularly Legislative (l) Executive (II) Judicial (III) States rights (IV) Amendments (V) Supremacy (VI) Ratification (VII) ARTICLES
3. Bill of Rights ( amendments 1-10) 4. Additional Amendments (11-27)
1. Popular Sovereignty: social contract 2. Federalism: complete change from the AOC 3. Separation of Powers: Control of power
4. Checks and Balances: pg 143 (i.e.) veto: President can veto a law congress can override veto w/ 2/3 majority of each house
5. Judicial Review: (i.e.) Marbury v. Madison, 1803 6. Limited Gov’t: powers are clearly listed of what the gov’t can do or not do pg. 67
1. Explain the detail the case of Marbury v. Madison, 1803. (who was involved, what was the outcome) 2. Why did the Framers purposely make it difficult to amend the Constitution? 3. What are the two ways the Constitution can be amended?
Amendment 1 Freedom of Religion, speech, press and Assembly/petition Civil Liberties
Amendment 2: Bearing Arms Debate: militia or individuals
Amendment 4: Searches and Seizures Privacy Reasonable cause
Amendment 5: Rights of Accused Person Indictment Double jeopardy Right not to answer questions that might incriminate
Amendment 6: Right to speedy and fair trial Cannot “sit” in jail lengthy period w/o trial Trail must me public: sometimes jury sometimes judge, always public Gideon v. Wainwright, 1963: if defendant cannot afford a lawyer, gov’t must provide one.
Amendment 7: Civil Suits “Common Law” Cases involving $20.00 or more are heard by civil courts; jury Federal courts involved only if a great deal of money
Amendment 8: Bail and Punishment Cannot be unreasonable Bail is $ given for guarantee of appearance in court.
Amendment 9: Powers reserved to the People The rights of the people are not limited by the Const.
Amendment 10: Powers Reserved to the States Cheek on the "necessary and proper” power of the federal gov’t Elastic Clause: Article I Section 8 clause 18
1. Why was the Bill of Rights such an important issue at the Constitutional Convention? Explain the elastic clause. 2. How does the elastic clause help the Constitution to be considered a “living document?”