Exam (elaborations)
MIE 305 - Exam 2 - Chapter 7 (1)
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- MIE 305 NCSU Chapters 1-4
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- MIE 305 NCSU Chapters 1-4
MIE 305 - Exam 2 - Chapter 7 (1)
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MIE 305 - Exam 2 - Chapter 7Articles of Confederation and its weaknesses - ANS-- The articles of confederation were the
predecessors of the Constitution sought to unite the various states.
- It set up American confederacy for the first time
- The Phily convention was used to amend the the AOC and then resulted in the constitution.
WEAKNESSES:
1. couldnt keep states from fighting
2. had limited power, and wasn't needed to expand the government.
What is the difference between federal and confederal governmental system. - ANS-Confederal
- two separate levels of government. Lower units were supreme and the upper unit (the national
government) was largely just advisory.
Federal - set up on 3 different branches. Legislative, Executive, and Judicial. All branches have
checks and balances.
Basic structure of the Constitution. - ANS-Resulted from the phily convention and was amended
27 times.
- set up the principles of federalism (colonial/state orientation), allocation of regulatory power of
federal and state governments.
- creates limits on the regulation of lives of individuals and efforts of business.
7 articles, 6 functional - the 7th article is the ratification article.
1. legislative branch - senate (votes on treaties) and house of reps (has one rep per every so
many citizens of a state, do not vote on treaties)
2. executive branch - Federal government and powers associated with the president.
Commander and chief and appointment of judges
3. judicial branch - adjudicate issues in the supreme court and all lower courts.
4. federal and interstate laws
5. amendments
6. religious tests and supremacy clause
Did states want the constitution? - ANS-Not at first, they clung to confederal power power base.
Business interests changed this mindset.
Federalist papers- aimed to convince NY to ratify the constitution.
What is the difference between Articles and Amendments, subject matter of Articles. -
ANS-Articles -original 10 - bill of rights, the rest are general amendments
- Notable Amendments - "Civil war" Amendments 13-15.
13th - abolished slavery
, 14th - equal protection under the law and due process
15th - the right to vote
- Constructed in 2 steps
1. formally proposed in the congress and states - 2/3 vote from congress and state petitions
needed.
2. ratification - states vote on it 3/4's needed (voting however they seem fit). this puts
amendment into effect.
Amendments - changes and updates to the constitution. Also contains clauses and sections to
organize the document.
Separation of powers - ANS-embraced in the Constitution through the creation of 3 branches of
government.
legislative - article 1
executive - article 2
judicial - article 3
Checks and balances - allow the 3 branches to not overstep each other, restraining power from
each other.
ex: judicial review of congresses actions compared to the constitution.
Checks and Balances - ANS-Disperses the powers of the federal government into 3 branches
that restrain power from eachother.
Federalism - ANS-Lawmaking is divided between federal and state governments. Federal and
State sovereigns.
Federal power(s) is increased by the creation of full and functional executive and judicial powers
to compliment the legislature, also has inter-branch checks and balances.
Police Powers - ANS-States posses the authority to regulate public safety, health, and welfare,
and morals. State and local governments regulate business activities.
Necessary and proper clause - ANS-implied powers of congress.
"elastic clause" - congresses ability to flex and stretch the law to cover certain legislative
prerogatives on demand.
McCulloch v Maryland - decided if congress could legislate under the implied powers that the
elastic clause gave it to facilitate its enumerated powers.
Commerce Clause - ANS-Commerce - anything that facilitates a transaction.
Grants the power to congress to regulate commerce between:
- Indian Commerce clause - recognized it as its own sovern
- Foreign commerce clause - tariffs and regulations
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