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Evaluation Deck > 0001 Principles of American Democracy (SMR 4.1) > Flashcards

0001 Principles of American Democracy (SMR 4.1) Flashcards

1
Q

What was happening prior to the building of the government in America that greatly influenced how America set up their government?

A

Protestant Reformation in Europe where the Catholic Church was being put into question as the divine authority and protestantism was starting to dominate, leading to the Scientific Revolution & Enlightenment

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2
Q

What leaders & ideas from the Scientific Revolution and Enlightenment influenced American democracy? (6)

A
  1. Francis Bacon, empiricism
  2. Descartes, “I think therefore I am”
  3. Voltaire, no religion in govt
  4. Rousseau, social contract theory
  5. John Locke; govts right to protect natural laws
  6. Montesquieu: three separate branches of govt
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3
Q

How did Francis Bacon impact early ideas of govt?

A

Empiricism, “knowledge via sense experience”, natural laws are not dependent on divine laws

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4
Q

How did Descartes ideas impact early ideas of govt?

A

Cognito ergo sum, “I think therefore I am”, built on Greek philosophers concepts that the unexamined life is not worth living, don’t just blindly follow

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5
Q

How did Voltaire’s ideas impact early ideas of govt?

A

vocal opponent of religion’s involvement in politics, freedom of religion

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6
Q

How did the ideas of Jean Jacques Rousseau impact early ideas of govt?

A

Governments get their right to rule through the will of the people (“Social Contract”), the people make up the common good, not the ruler

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7
Q

How did the ideas of John Locke impact early ideas of govt?

A

Liberalism, people have the right to dispose the govt which does not protect their rights and property, natural law, natural rights of life, liberty and property, “Father of Liberalism”, influences other enlightenment thinkers like Rousseau and Benjamin Franklin/ Thomas Jefferson

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8
Q

How did the political ideas of Baron de Montesquieu impact early ideas of govt?

A

three separate branches of the govt to check each other’s powers

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9
Q

Enlightenment and Reformation inspired a govt that emphasized what?

A

The rights of the individual

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10
Q

What was going on during the Reformation and how did this impact our early govt?

A

Catholic Church was acting as an oppressor by forcing everyone to conform to their reading of the religion

As a reaction, early American believed people should have the right to decide and interpret for themselves

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11
Q

Enlightenment insisted on the freedom of _______, separate from ____, leading to _________.

A

action for man, divine will, freedom of religions and practice

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12
Q

Enlightenment insisted that individuals should be allowed to act for themselves. How did this idea impact the govt?

A

Governments should not restrict the rights of a person to seek and pursue freedom, liberty and happiness

Clear laws should be set to protect the individuals from arbitrary rules and restriction

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13
Q

What trial was the first instance of freedom of expression & press

A

The Trial of John Peter Zenger: wrote in newspapers about corruption of governor of New York, Governor brough charges of libel against him, accused of writing up things to cause riots, the ruling of the court was that he was writing truth and stating fact,

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14
Q

The rights to an acceptable standard of living was a reaction against what part of European history?

A

a reflection of the history of feudalism in Europe where the lord had power over what and where the serfs did, they were bound to the land, opposite of the American freedom to seek their own standars

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15
Q

What freedoms are associated with the right to an acceptable standard of living? (3)

A
  1. Freedom of human activity to seek such standards
  2. Freedom to hold private property
  3. Freedom to participate in private enterprises and gain profit
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16
Q

How did Benjamin Franklin exhibit the idea of freedom of human activity to seek standards of living?

A

Benjamin Franklin; moving out of his brother’s shop where he felt bound and creating his own shop where he was a printer

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17
Q

The idea behind the rights of individual in economy was inspired by what?

A

Adam Smith’s Wealth of Nations

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18
Q

What three ideas were presented in Adam Smith’s Wealth of Nations?

A
  1. An individual, by pursuing his own interest, promotes the interests of the society
  2. Free-market competition
  3. Against excessive wealth build up by “businessmen” and warned against the formation of monopolies
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19
Q

Why did Adam Smith believe that an individual by pursuing his own interest also promotes the interest of society in “Wealth of Nations”?

A

By providing jobs and creating products that benefit everyone

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20
Q

Why did Adam Smith believe that Free Market competition benefited society in “Wealth of Nations”?

A

Free Market competition causes healthy competition, better products, and lower prices

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21
Q

Why was Adam Smith against excessive wealth and monopolies in “Wealth of Nations”?

A

businessmen should be putting profits back into society, monopolies would deviate from the idea of competition and making the best product possible

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22
Q

The Governments responsibility in American law and govt was in part based on what idea?

A

Social Contract theory by Rousseau that the govt rules through the consensus of the people

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23
Q

The American govt was based on _______ and _________ principles.

A

Liberal & Republican

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24
Q

What liberal and republican principles are included in American democracy? (3)

A
  1. Government rules through the consensus of the people
  2. Govt’s principle responsibility is to protect and promote the rights & freedoms of the people
  3. Govt has no right to limit freedom in order to preserve itself
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25
Q

What are some examples of when the government has made an exception and limited human freedom?

A

Patriot Act after 9/11, or censorship during WWI, WWII, newspapers and letters would be censored until after a battle had been completed in order to protect soldiers and therefore the people they’re fighting for

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26
Q

What is English Common Law and why was it important for our early govt.?

A

Formed through cases and rulings by judges instead of legislative bodies and action

Adopted by American Colonies as basis of their laws; codification by legislatures rendered many as Civil Laws.

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27
Q

What were four documents that gave rise to the writing and ratification of the US Constitution?

A
  1. Thomas Paine’s Common Sense
  2. Iroquois Constitution; The Great Law of Peace
  3. Declaration of Independence
  4. Federalist Papers
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28
Q

What did Thomas Paine’s Common Sense do?

A

took aspects of enlightenment ideas and put independence into layman’s terms, inspired and united American colonies under one cause

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29
Q

What two things were claimed in Thomas Paine’s Common Sense?

A
  1. Set apart the role of the govt and the rights of the society; set up the tone for independence
  2. Claimed independence would allow American colonists the chance to create a better society – free from tyranny, with equal social and economic opportunities
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30
Q

Prior to Thomas Paine’s Common Sense, what was the belief of many within the colonies?

A

many in the colonies had a loyalty to the British King and independence seemed aggressive and abstract

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31
Q

Who brought the ideas about the Iroquois Constitution and “The Great Law of Peace” To the American govt?

A

Founding Father Benjamin Franklin

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32
Q

What was the Iroquois Confederation?

A

A Native American confederation whose ideas were later embraced in the US Constitution

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33
Q

What were the three main ideas from the Iroquois Confederation that was later embraced in the US constitution?

A
  1. Freedom of expression
  2. 2 house legislature (Bicameral Legislature)
  3. Powers shared between states and federal governments (in Iroquois this was between tribe and federation laws)
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34
Q

What is liberalism?

A

equality and equal opportunity for making political, social and economic decisions, different classes should have equality

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35
Q

What is Democracy?

A

Advocating the rights of the individuals to make decisions as part of a collective act, through elections for example

36
Q

What is Capitalism?

A

Right of the individual to hold private property and gain profits, puts more economically successful people at a high level

37
Q

What is Republicanism?

A

The system of selecting a govt through means other than hereditary rights; i.e. elections where you might have a representative make decisions for you

38
Q

Are concepts of government mutually exclusive?

A

No, for example, you could have a democracy without liberalism (i.e. in Athens where there was a democracy but only male citizens at the age of 18 could vote)

39
Q

Who penned the Declaration of Independence?

A

Thomas Jefferson

40
Q

What were the three parts of the Declaration of Independence?

A

Part 1: The right of the people to seek independence from a government not protecting their rights

Part 2: Charges of abuse and neglect against George III (ignoring laws, keeping armies without consent of the colonies, taxing without authority)

Part 3: Declaring independence

41
Q

The declaration of independence constituted a clear rebellion and the signatories were legally outlaws. What is an example of this?

A

John Hancock wrote his name so big to represent that he was willingly a traitor of the British crown)

42
Q

What were some subsequent documents inspired by the Declaration of Independence?

A

Declaration of Independence of Liberia, Declaration of the Sentiments of Women, Civil Rights Movement

43
Q

Why did the US Constitution come about?

A

Problem solving document after the Articles of Confederation

Delegates to the Philadelphia Convention were to address various problems under the Articles of Confederation and ended up creating a completely new document

This was paired with a growing federalist sentiment for a strong govt.

44
Q

The US Constitution did what three things?

A
  1. Set up the three branches of government and their powers
  2. Set up State Power vs. Federal Power
  3. Set up provision for amendments
45
Q

The US Constitution set up provisions for amendments. What were these provisions?

A

Both federal govt and states may propose amendments with a 2/3 vote; approval is required either through ¾ of state legislatures or ¾ of the states ratifying conventions, as stated in article V

46
Q

What is “The Healing Principle”?

A

The idea that the constitution can be changed to better match the changing character of the American people

47
Q

What are the topics of the seven articles in the US Constitution?

A
  1. provisions for legislative branch
  2. provisions for executive barnch
  3. provisions for judicial branch
  4. states relationship with federal govt.
  5. amendment process
  6. states that constitution is supreme law of land
  7. Ratification of future states to statehood
48
Q

What does first article of the US constitution lay out?

A

provisions for legislative branch of govt stating two houses; house of reps & senate, lays out requirements to be a member and terms of offices (i.e. representatives every 2 years, senators every 6 years)

49
Q

What does Article 2 of the Constitution lay out?

A

provisions for executive branch, four year terms (in later amendments, this would be restricted to 2 terms), minimum age is 35, must be born in the US

50
Q

What does Article 3 of the Constitution lay out?

A

provisions for judicial branch, states requirements for approval on the judicial branch, court systems, supreme court

51
Q

What does Article 4 of the US Constitution lay out?

A

writes out the states relationship with the federal govt. (often contested), states that the govt would take on state debts into national debt, declares how states will communicate with each other (i.e. Extradition laws, if a crime is committed in TX, and the criminal is apprehended in WA, how will they extradite the individual?), showed legality of state laws (i.e. that a marriage licensed in California will be respected in the state of Massachussetts)

52
Q

What does Article 5 of the US Constitution lay out?

A

talks about the amendment process and how amendments are set up

53
Q

What does Article 6 of the US Constitution lay out?

A

States that the Constitution is the supreme law of the land

54
Q

What does Article 7 of the US Constitution lay out?

A

Ratification of future states to statehood

55
Q

The _____ led to the foundation of setting up the constitution as the premier law of the land

A

Federalist Papers

56
Q

Who wrote the Federalist Papers?

A

Alexander Hamilton, John Jay and James Madison; leaders on the Federalist side

57
Q

What did the Federalist Papers do?

A

Advocated for ratification of constitution with a strong Union and federal govt, argued that it was complete and that all future issues could be solved by interpreting it, gave a detailed analysis of each article of the constitution and their significance

58
Q

What impact did the Federalist Papers have on the common man?

A

The newspapers allowed for the common man to understand the constitution and influenced legislators to ratify the constitution

59
Q

Why were the Federalist Papers against a Bill of RIghts?

A

Writers held that there is no need for a separate Bill of Rights as the Constitution already allows for interpretation of such provisions

60
Q

What is the principle reason for citizenship?

A

a citizen of a state agrees to the enforcement of the law of that state and the individual transfers part of their responsibility to the collective governing body

61
Q

Citizens have mechanisms for devising new laws and changing old ones in order to fit the times. What are the two ways of doing this?

A
  1. Legislatures: individuals participate in forming laws, voting for reps to go in and make changes, or by repealing laws, and making new laws to fit the times
  2. Courts: individuals bring cases to be judged, and to hear honest testimony to hear whether a law was wrongly executed, etc.
62
Q

The _____ of the citizen in the political process is essential.

A

Participation; voting, abiding by laws, protecting laws by sitting in on a jury

63
Q

Who is given citizenship in America?

A

Automatic upon birth in the US or certain territories belonging to the US

Also can be acquired through naturalization process like having US parents as citizens, those who were hired in the uS, and those who are parents of citizens

64
Q

Which politician was born in the Panama Quarter and why was he able to run for president?

A

Senator McCain was born in Panama Quarter which at the time was US territory, allowing him to run for senate and eventually president

65
Q

What 5 rights and freedoms are guaranteed to US Citizens?

A
  1. Freedom to express yourself and worship as desired (first amendment)
  2. Right to a prompt, fair trial by jury (sixth and seventh amendment)
  3. Right to vote in elections for public officials (granted in constitution and extended to other aspects of society in 15th, 19th and 26th amendment)
  4. Right to apply for federal employment or assistance
  5. Right to run for elected office (except for the office of the President which is only for those naturally born in the US, not naturalized…i.e Schwarzenegger)
66
Q

What amendment gives a person the freedom to express themselves and worship as desired?

A

First Amendment

67
Q

Which amendments give citizens right to a prompt, fair trial by jury?

A

6th and 7th Amendments

68
Q

Which amendments give citizens the right to vote?

A 
15th = rights of all male citizens regardless of race
19th = right for women to vote
26th = 18 year olds and up can vote
69
Q

What are the nine responsibilities of citizens?

A
  1. Support and defend the constitution
  2. Participate in the democratic process through voting, bringing cases to courts, petitioning and bringing to legislature
  3. Respect and obey federal, state, and local laws
  4. Respect the rights, beliefs and opinions of others
  5. Participate in your local community
  6. Freedom to pursue “life, liberty, and the pursuit of happiness”
  7. Pay income and other taxes honestly, and on time to federal, state, and local authorities
  8. Serve on a jury when called upon
  9. Defend the country if the need should arise
70
Q

Why is the freedom to pursue “life, liberty, and the pursuit of happiness”
a right AND a responsibility of the citizen?

A

Note that while this is a right of a citizen, it’s also your responsibility to maintain your life and not become someone that the govt has to take care of, you have a responsibility to go out and earn your living in order to pursue your desired standard of living, not something set by the govt.

71
Q

How many amendments did James Madison bring forward and how many were approved?

A

19 amendments, 10 approved that covered the rights of the people

72
Q

What is the 1st amendment?

A

Freedom of expression – religion, press, right to assemble, right to write grievances

73
Q

What do the 2nd and 3rd amendments cover?

A

Citizens rights to bear arms to protect itself against govt, and quartering of soldiers in private residences

74
Q

Amendments 4 - 8 cover what?

A

Criminal justice and the rights of the accused

75
Q

What is the 4th amendment?

A

no illegal search or seizure

76
Q

What is the 5th amendment?

A

Right against self-incrimination

77
Q

What is the 6th amendment?

A

Right to a speedy trial

78
Q

What is the 7th amendment?

A

right by trial of jury by ones peers

79
Q

What is the 8th amendment?

A

no excessive bail or cruel/unusual punishment

80
Q

What is the 9th amendment?

A

Constitution can not disparage other rights enjoyed by individuals

81
Q

What is the 10th amendment?

A

Rights not given to the US federal government and not prohibited are delegated to the state and the citizens

82
Q

How many amendments have been added to the constitution since the Bill of Rights?

A

Only 17 more amendments have been added, of these, 7 deal with substantial civil rights

83
Q

What 7 amendments made after the Bill of Rights deal with substantial civil rights?

A

Abolishing slavery (13th)
Due process and equal protection under the law (14th)
Voting rights for all men (15th)
Popular election of senators (17th)
Voting rights for women (19th)
Voting without fees (poll tax) (24th)
Voting rights for all citizens age 18 and over (26th)

84
Q

What is the 11th Amendment?

A

Private citizens cannot sue states but federal govt can sue states representing private citizens

85
Q

Which amendment is the only amendment to repeal another amendment?

A

21st amendment abolished 18th amendment (prohibition)

86
Q

Which amendment is the oldest act but the most recent amendment?

A

1789 Congress would need to stay within a budget in order to continue, ratified in 1982 as the 27th Amendment

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