Units 3 and 4 Constitution and Bill of Rights Test Review



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Units 3 and 4 -- Constitution and Bill of Rights Test Review

Identify the major era and event in U.S. History

Creation and Ratification of the Constitution


Explain the significance of the date 1787

Writing of the Constitution

Summarize the strengths of the Articles of Confederation

  1. United the states

  2. Limited the power of a strong central government, by giving power to the states

1st constitution of the United States

Summarize the weaknesses of the Articles of Confederation

  1. No president

  2. No courts

  3. No army

  4. No power to tax

  5. Difficult to pass laws

  6. Could not settle disputes between the states

  7. Amending took a unanimous vote

The need for a stronger central government after Shay’s Rebellion—that is what led to the Constitution being created.


Analyze the issues of the Constitutional Convention, including the Great Compromise

-ISSUE: Representation:

Big States vs. Small States

Big States (Virginia Plan) want representation based on population

Small States (New Jersey Plan) want equal representation

-Great Compromise:

1) set up 3 branches of government

2) the legislative branch has 2 houses:

-upper house = Senate (where every state has an equal number of senators)

-lower house = House of Representatives (where the number of representatives is determined by your state’s population)


Analyze the issues of the Constitutional Convention, including the Three-Fifths Compromise

-ISSUE: How to Count Slaves in the Population for Representation and Taxation:

Southern States vs. Northern States

-Southern states want slaves to count in pop. for representation, but not taxation

-Northern states want slaves to count in pop. for taxation, but not for representation

-3/5 Compromise:

1) For every 5 slaves, count 3 for the purposes of representation and taxation

2) Slave trade will end in 20 years

Analyze the arguments for ratification

FEDERALISTS:

-Wanted a stronger national government than under the Articles of Confederation

-Said Constitution protected the rights and freedoms of individuals (so no bill of rights was needed)

Finally agreed to add a Bill of Rights if more states ratified the Constitution

Analyze the arguments against ratification

ANTI-FEDERALISTS:

-Afraid that with a strong central government states’ rights would be taken away

-Wanted to include a list of rights and freedoms (insisted on having a bill of rights)

Summarize the purposes and the process of amending the U.S. Constitution

-PURPOSE of the amendment process:

to make it better, to adapt to the times

-PROCESS of amending the Constitution:

1) Proposal requires 2/3 of both houses (Senate and House of Representatives)

2) Ratification - to make amendment into law requires 3/4 of the states’ legislatures to approve

Summarize rights guaranteed in the Bill of Rights (Amendments 1-4)

  1. Freedom of: Speech, Religion, Press, Assembly, and Petition



  1. Right to bear arms



  1. No quartering of soldiers



  1. No unreasonable search and seizure—gov’t must have a specific search warrant saying what they will be looking for and where…unless they have probable cause

Summarize rights guaranteed in the Bill of Rights (Amendments 5-10)

  1. Right to:

Due process of law;

Protection from self-incrimination (can’t be forced to testify against yourself –

I PLEAD THE FIFTH!”);

No double jeopardy (can’t be tried twice for the same crime)

  1. Right to:

Speedy trial

Have a lawyer

Trial by jury of your peers

Confront witnesses against you

  1. Trial by jury in CIVIL cases over $20



  1. No cruel and unusual punishment

No excessive bail or fines

  1. PEOPLE have MORE rights



  1. STATES have MORE rights

Identify colonial grievances listed in the Declaration of Independence and explain how those grievances were addressed in the U.S. Constitution and the Bill of Rights

Taxation w/out representation => Article 1, Legislative branch

King is a tyrant! => Article 2, Executive branch => limited by Articles 1 and 3, Legislative and Judicial branches

Quartering Act => 3rd amendment

Writs of Assistance => 4th amendment

Intolerable Acts => 1st amendment

No trial by jury of peers => 6th and 7th amendments

Analyze how the U.S. Constitution reflects the principles of republicanism and federalism

Republicanism – We have representative gov’t—a republic—so we vote for our representatives

Article 1 – we have representatives in Congress

Federalism – State and federal governments each have powers—all the power is not in just one side—they each share powers. Ex: the national/federal government can declare war, the state government can regulate education, both can tax (so that’s a concurrent power )

Article 4 states the powers of the state govts and the powers of the fed. govts

Analyze how the U.S. Constitution reflects the principles of separation of powers and checks and balances

Separation of powers3 branches of gov’t that all do something to the law

Legislative: MAKES the laws

Executive: ENFORCES or CARRIES OUT laws

Judicial: INTERPRETS the laws (determines whether laws are constitutional or not)

Articles 1, 2, and 3 define the powers of each branch and how they limit the others

Checks and balances – Each branch checks or limits the power of the other branches. Ex: president appoints the judges, yet the congress can block those appointments

Analyze how the U.S. Constitution reflects the principles of limited government, popular sovereignty, individual rights

Limited government- the rule of law applies to all of us—you, me, and our highest leaders, even the president. So the power of our gov’t is limited by laws…we are a “government of laws, not of men”

Popular sovereignty – the government’s power comes from the people, who exercise that power by votingthe consent of the governed

Articles 1 and 2 reflect popular sovereignty in that we can choose/vote for leaders

Individual rights – freedoms, Bill of Rights

The Bill of Rights protects individual rights

Analyze the arguments of the Federalists and Anti-Federalists, including those of A. Hamilton, P.Henry, J. Madison, and G. Mason

Federalists – want a strong central government; Alexander Hamilton and James Madison, John Jay- wrote the Federalists Papers

Anti-Federalists - fear a strong central government will abuse individual and states’ rights; Patrick Henry, Richard Henry Lee and George Mason- wrote Anti Federalists writings

Define and give examples of unalienable rights

Rights that cannot be taken away

Life, liberty, and pursuit of happiness.

Examples will vary.

Identify the influence of ideas from historical documents including the Magna Carta, the English Bill of Rights, the Mayflower Compact, the Federalist Papers, and selected Anti-Federalist writings, on the U.S. System of government

Magna Carta- limited power of government

Mayflower Compact provided example of self-gov’t and majority rule.

The English Bill of Rights provided a model for our Bill of and Rights and Constitution.

Federalists Papers outlined that structure of the document that shaped our nation.


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