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The US Constitution: Formation, Key Principles, and Amendments, Exams of Law

University of Florida (UF)Law

A comprehensive overview of the us constitution, tracing its formation from the articles of confederation to the ratification process. It delves into key principles like federalism, separation of powers, and individual rights, highlighting the compromises and debates that shaped the document. The document also explores the bill of rights and its impact on state governments, emphasizing the role of the 14th amendment in incorporating these rights. It concludes with a discussion of the structure and functions of congress, including the powers and responsibilities of the house of representatives and the senate.

Typology: Exams

2024/2025

Available from 04/15/2025

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POS4424 Midterm Exam 2025 latest
Articles of Confederation
First form of American government
Articles of Confederation established...
voluntary "league of friendship" to pursue shared objectives and common defense, binding
themselves to assist each other against any and all attacks.
Articles of Confederation created...
a union of independent and self-governing states with a limited central government responsible
only for specific delegated functions.
Weaknesses of the Articles of Confederation include
-national government not given power to tax or regulate interstate or foreign commerce
-no chief executive
- articles could only be amended by unanimous consent
- government too weak to enforce power (ex. shays rebellion)
shays rebellions.
Highlighted the weakness of the Articles of Confederation and the need for a stronger central
government. Former continental army captain rebelled against the state's economic policies
following the Revolutionary War, which imposed high taxes and debts that burned the lower
class and favored the wealthy. Farmers were highly impacted as courts began foreclosing on
their indebted properties.
Key issues during the Constitutional Convention
-representation
-slavery
-trade/commerce
-power of government
Issue 1: Representation
how would states be represented in the new government?
The Virginia plan suggested a bicameral legislature (two houses), with both houses membership
determined proportionately based on population size , this was supported by larger states
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POS4424 Midterm Exam 2025 latest

Articles of Confederation First form of American government Articles of Confederation established... voluntary "league of friendship" to pursue shared objectives and common defense, binding themselves to assist each other against any and all attacks. Articles of Confederation created... a union of independent and self-governing states with a limited central government responsible only for specific delegated functions. Weaknesses of the Articles of Confederation include

  • national government not given power to tax or regulate interstate or foreign commerce
  • no chief executive
  • articles could only be amended by unanimous consent
  • government too weak to enforce power (ex. shays rebellion) shays rebellions. Highlighted the weakness of the Articles of Confederation and the need for a stronger central government. Former continental army captain rebelled against the state's economic policies following the Revolutionary War, which imposed high taxes and debts that burned the lower class and favored the wealthy. Farmers were highly impacted as courts began foreclosing on their indebted properties. Key issues during the Constitutional Convention
  • representation
  • slavery
  • trade/commerce
  • power of government Issue 1: Representation how would states be represented in the new government? The Virginia plan suggested a bicameral legislature (two houses), with both houses membership determined proportionately based on population size , this was supported by larger states

The New Jersey plan suggested a unicameral legislature that maintained the current congress but granted extended powers. They wanted equal representation of states in Congress, and this was supported by smaller states. Issue 1: Representation solution Resolved by the Connecticut/Great Compromise, which established a bicameral legislature, house of reps determined by population, andsenate (2 rep each state). electoral college (hybrid), state sovereignty preserved. Issue 2: Slavery How would states be counted concerning representation and taxation? Southern states wanted slaves counted as part of population but did not want them to count for taxation purposes. Northern states were against counting slaves as part of the population but wanted them counted for taxation purposes. Issue 2: solution 3/5th compromise. 3/5th of slaves counted as population in determining representation and taxation. Issue 3 solution Trade compromise:

  • Federal regulation of interstate (between states) commerce of international trade
  • state regulation of intrastate trade (within states)
  • slave trade allowed for only 20 more years. Issue 3: Trade/Commerce southern and northern states had different interests and viewpoints regarding trade regulation. Southern states favored state control over trade regulation, they were pro-slave trade and feared its ban Northern states favored federal regulation of all trade and wanted the federal government to have the power of collecting duties and taxes. Issue 4: power of government

citizens are entitled to all privileges and immunities of citizens of other states Article 5: Process of Amendments congress proposes amendment by at least a two-thirds vote, ratification by at least three- fourths of the state legislatures (used all but once) or by three-fourths of state conventions called for purpose of ratifying the amendment (used once) Method 1 to establish amendment congress proposes amendment by at least a two-thirds vote, ratification by at least three- fourths of the state legislatures (used all but once) or by three-fourths of state conventions called for the purpose of ratifying the amendment (used once) Method 2 to establish amendment (never used) amendment is proposed by national convention that is called by at least two thirds of the state legislatures. ratification by at least three fourths of the state legislatures or three fourths of state conventions Article 6 of the Constitution Establishes federal powers. The supremacy clause establishes the US Constitution, laws, and treaties of the federal government to be the supreme law of the land to which all states are bound. Article 7 of the constitution Ratifying the Constitution - Ratification of the conventions of nine states shall be sufficient for the establishment of the constitution Function 1 of Constitution establish a basic framework of US government

  • republican system
  • federalism
  • separation of powers Function 2 of Constitution allocate power Function 3 of Constitution Declare/Guarantee individual rights (freedoms) constitutional government

a government according to the rule of a basic fundamental law; a government according to a special type of rule of law. Constitutional government creates... a hierarchy of laws: administrative (regulatory), statutory (legislative), constitutional Governing principle of Constitution 1 Rule of law; law is king Governing principle of Constitution 2 popular sovereignty - the legitimacy of state based on the consent of the people who are the source of political power. Governing principle of Constitution 3 separation of powers / checks and balances Governing principle of Constitution 4 federalism Federalism system of government where two or more units of government share authority Governing principle of Constitution 5 Individual rights Federalists viewpoint on Ratification

  • supported ratification of the constitution
  • favored powerful federal government
  • wrote the federalist papers to garner support for constitution (alexander hamilton, james madison)
  • did not think a bill of rights was necessary (believed constitution itself was bill or rights) Antifederalists viewpoint on Ratification
  • opposed ratification of constitution
  • wanted a weak federal government
  • favored states rights
  • wanted a bill of rights to protect people's rights bill of rights (dec 15, 1971)

the social class biases of the founders; they wished to balance the interests and numerical superiority of the common citizens with the property interests of the less numerous land owners, bankers, and merchants. Compromise of congress established in.. sections 2 and 3 of Art 1 of the Consitution explaining members of the House should be elected directly by the people, whereas members of the Senate would be chosen by representatives sitting in state legislature. 17th amendment (1913) senators are also to be elected directly by the people house of representatives term length 2 years Senate term length 6 years, and the terms are staggered, so 1/3 of the senate is up for reelection every 2 years. Enumerated powers powers expressly given to congress; the first 17 clauses of art 1 sec 8 law making function of congress requires decisions about the size of the federal budget, about healthcare reform and gun control, about the long term prospect for war and peace to be made by congress Law not initiated by congress but by... most bills originate in the executive branch and many other bills are traceable to interest groups and political party organizations Service to constituents function Individual members of Congress are expected by their constituents to act as brokers between private citizens and the federal government casework usual form of service to constituents representation function

the many competing interests in society should be represented in Congress. congress should be a body acting slowly and deliberately and its foremost concern should be to maintain a carefully crafted balance of power among competing interests the trustee view of representation legislators should act as trustees of the broad interests of their entire society and they should vote against the narrow interests of their constituents as their conscience and their perception of national needs dictate. Instructed-Delegate View of Representation the notion that congressmen should behave as instructed delegates. That is, they should mirror the views of the majority of the constituents who elected them to power in the first place. oversight function the process by which Congress follows up on the laws it has enacted to ensure that they are being enforced and administered in the way Congress intended. oversight function carried out by... Congress investigating alleged arbitrariness or wrongdoing by bureaucratic agencies through

  • Holding committee hearings and investigations
  • Changing the size of an agency's budget
  • Cross-examining high-level presidential nominees to head major agencies public education function exercised whenever Congress holds public hearings, exercises oversight over the bureaucracy, or engages in committee and floor debate on such major issues and topics as political assassinations, aging, illegal drugs, or the concerns of small businesses. congress also sets the agenda, and decides what issues will come up for discussion and decision. conflict-resolution function Congress has the role of trying to resolve differences among competing points of view by passing laws to accommodate as many interested parties as possible. House of rep size 435 members, plus delegates from the District of Columbia, Puerto Rico, Guam, American Samoa, and the virgin Islands (us territories) senate size