POLI1061 Study Guide - Midterm Guide: Fourteenth Amendment To The United States Constitution, Seventeenth Amendment To The United States Constitution, Commerce Clause
2 May 2018
School
Department
Course
Professor
Constitutional Underpinnings (Underpinning means like foundation btw)
Term
Definition
Significance
Amendment Process
Defined in Article V(5) of the
constitution:
Proposal methods:
⅔ of both houses of Congress
or by a convention called by
Congress at the request of
legislatures of ⅔ s of states
(only the first has ever been
used)
Ratification Methods:
¾ s of state legislatures or by
¾ s of states at a convention
called for that purpose
Only 33 have been endorsed
by both houses and only 27
amendments have been
adopted
All constitutions need amendments bc
life changes
prevents violent revolts for little
changes because there is a process for
change
different amendments have different
weights when applied
i.e. the 14th and 16th had huge
effects,
but election changes and similar
amendments have less effects
judicial interpretation, custom and
usage cause the same changes, but are
much less of a process
Articles of
Confederation
The compact made among the
13 original states directly after
the REvolutionary War
adopted in 1781 until the
Constitution was ratified in
1789. Each state had one vote
in legislature no national exec
or judicial
very limited powers
needed 9 states approval for
actions
couldn’t tax, regulate
commerce or currency, or
make laws directly applicable
to the people without state
action similar to UN bc
sovereignty
Formed system toward forming “a
more perfect union”
Ended the Revolutionary war
Helped establish the principle of
interstate cooperation
full faith and credit was established
Helped point out problems to be fixed
in the constitution
Bicameral
Legislature
aka Bicameralism
The principle of 2 house
legislature
at Philadelphia Convention
adopted Connecticut
Compromise so house was
made of by population and
everyone had equal rep in the
Helps to provide different types of
representation and responses to
varying interests such as population
area and political units
second house can correct mistakes of
the first house
Supreme court in Reynolds v Sims
find more resources at oneclass.com
find more resources at oneclass.com
senate
said districts must be based on
population people still support
bicameralism (means that even
though this court case says districts
should be done by pop the senate still
has 2 ppl for each state bc senate
supports it)
Bill of Attainder
a legislative act that declares
the guilt and punishment of an
individual without a trail.
Both states and congress are
forbidden to pass these acts by
Article 1 section 9 and 10
US v. Lovett was a court case
that declared the same thing in
1946
Legislative bodies cannot have
judicial power, which limits congress
to only making the laws
this is an important part of federalism
because it upholds separation of
powers like the marble cake or
whatever
Bill of rights
10 amendments drafted to
appease the anti federalists
(see amendments chart)
Restricts the government
unchecked govt leads to decay of
freedom
extended to states during 14
amendment
Constitutional
Convention
A body established by
Congress on the application of
⅔ of state legislatures to
discuss amendments
Viewed as highest voice of the people
created initially to revise the AoC
Used for 17th amendment, states
called for the direct election of
senators
used sometimes for budget too
Connecticut
Compromise
“Great Compromise”
decided how to regulate # of
senators and house members
Instead of doing all by pop or
all equal
NJ plan wanted small state
rep/ equal rep
Virginia plan wanted pop rep
Balance of proportion both sizes of
states felt represented,
crucial step forward bc both state
sizes finally approved
Economic
Interpretation of the
Constitution
The theory that the framers of
the Constitution represented
the views and wishes of the
well to do classes developed
by Charles Beard
no malice from Charlie
pointed out how many safeguards
were put in place to prevent the
“stupid poor people” from making
poor economic decisions that would
hurt their wallets
find more resources at oneclass.com
find more resources at oneclass.com
Enumerated/
Delegated Powers
Powers granted directly to the
national government in the
constitution usually in the first
3 articles of the constitution
Article 1 section 8 gives
powers to congress
ex: taxes, power of purse,
regulate
international and interstate
trade, immigration, coin
money, post offices and postal
roads, military/declare war,
necessary and proper/elastic
clause, congress establishes
courts, trials (judicial does
everything but impeach), new
states
restricts government
serves to divide powers
-between state and nat
-and between 3 branches
different terms and different
responsibilities for govt workers to
enhance productivity
limits all govts specifically in
constitution
Reserved/ police
powers
States powers
no specific list bc anything
that is not attributed to fed
govt belongs to states
division of fed and state powers
cause of conflict/overreach
Concurrent Powers
Powers shared between state
and nat govt
power to tax, maintain courts,
charter banks, roads/highways
helps functionality
Ex Post Facto Laws
creates law after criminal act
or increases punishment after
sentence
according to article 1 sections
9+10 this shit is quite
unconstitutional bc people
have no way of knowing
they’re breaking a law if it
becomes a law after they
commit the act
prevents retrospective abuse of power
Federalist #10
Says they didn’t want govt to
be partisan
“Mischiefs of Faction” title
honestly… I have no clue?? It helped
get the constitution ratified in 1789
and is very frequently referenced by
Ms true in class?
Full Faith and Credit
Obligates each state to respect
the civil judicial proceedings,
public acts and records
promote mutual friendship and
relations among states as well as
attempting to avoid interstate conflict
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Formed system toward forming a more perfect union . Helped establish the principle of interstate cooperation full faith and credit was established. Helped point out problems to be fixed in the constitution. Amendment process defined in article v(5) of the. Of both houses of congress or by a convention called by. Congress at the request of legislatures of s of states (only the first has ever been used) S of states at a convention called for that purpose. Only 33 have been endorsed by both houses and only 27 amendments have been adopted. 13 original states directly after the revolutionary war adopted in 1781 until the. The principle of 2 house legislature at philadelphia convention adopted connecticut. Compromise so house was made of by population and everyone had equal rep in the. Helps to provide different types of representation and responses to varying interests such as population area and political units second house can correct mistakes of the first house.
