1st Test Flashcards
What is the basics of Enlightenment philosophy?
- -Focused on the power and goodness of human
- -Shift away from divine right to reason-based doctrine
Identify the 4 Enlightenment political philosophers. And beliefs about the nature of man and the purpose of government for each
John Locke
Thomas Hobbes
Jacques Rousseau
Baron De Montesquieu
John Locke beliefs about the nature of man and the purpose of government.
SON: Basically Good, State of liberty=life, liberty, health, possessions.
Government: for the poeple to protect rights
Thomas Hobbes beliefs about the nature of man and the purpose of government.
SON: Basically Evil, Competitive, State of Warfare
Governement: Absolute Ruler
Jacques Rousseau beliefs about the nature of man and the purpose of government.
SON: Man is born free. Civilization corrupted him
Government: General Will
Baron De Montesquieu beliefs about the nature of man and the purpose of government.
SON: Man abuses power
Government: Limit the power of people (check and blances)
What are the Major political ideas from–Magna Carta, Petition of Rights, English Bill of Rights
- -Magna carta was the move from the “rule of man” to the “rule of law.” This meant all king and queens must obey the English laws.(Chapter 2- 73)
- -Petition of Rights monarchs needed Parliament’s permission to levy taxes, unlawfully prison people, force citizens to house soldiers into their home, or establish military rule in a time of peace.
- -English Bill of Rights made monarchs less powerful. Monarchs could no longer enact laws, raise taxes or keep an army without Parliament consent. (Chapter 2 74)
What was the original intent of the 1st Continental Congress?
How was problem resolved?
- -Decide how to respond to abuses of authority by British government (1774)
- -the British refused and Rejected colonists demands and clashed with colonial troops at Lexington know as “shot heard around the world”
What was the first order of business of the 2nd Continental Congress?
First action was to organize a militia around Boston into am official Continental Army
Declaration of Independence
Author/s, Inspiration
John Adams, Benjamin Franklin, Robert Livingston, Roger Sherman, and Thomas Jefferson. Inspirations came from Virginia Declarations of Rights, John Locke’s views of social contract theory.
What 3 things did all the original 13 state constitutions have in common?
- Self-government – strong legislatures with elected representatives
- Voting rights differed
- Separation of Powers – 3 branches of government
- Limited Govt – fearful of too much power
- Term limits, annual elections, checks on power
- Individual Rights – legal protection against govt abuse
Weaknesses of the Articles of Confederation
The weakness was it did not provide the people with protected rights
3 major challenges at the Constitutional Convention
how was each resolved
Harsh Tax measures, organize militia, come to peace with british
Virginia Plan vs New Jersey Plan
Both plans called for a strong central government made up of three branches. New Jersey plan wanted unicameral legislature where it would be equal vote amoung all but Virginnia plan wanted bi cameral legislature where vote would depend on population and have representative for how many there are.
6 Goals of the Constitution
Six goals: Form a more perfect union Establish justice Ensure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessing of liberty to themselves and generations to follow
Principles of Government in the Constitution
divide, distributed, and blance governmental power. Also make the power of government subject to the will of people through voting.
Why is judicial review so powerful?
it determines whether actions of legislative and excutive branches of government are consititual or if any law or government action is unconstitutional.
What were the Ratifications for constitution?
A
Federalists vs Anti-Federalists
Federalist wanted 2 senators from each state and representatives from each state– Representation Democracy
Anti-Federalist wanted more representation and wanted thier rights protected— Direct Democracy
Why did Thomas Jefferson believe the Constitution should be amended every generation?
Jefferson belived “each generation should be regarded as a distinct nation, they have a right to choose for itself the form of government it beleives most promotive of its own happiness.”
What is the amendment process
Must be proposed to congress. Two ways it can be passed…
1)pass is by Congress, with at least two-third of the House and two-third of the Senate.
2)by delegates at national convention that is called by congress at the request of at least two-third of states legislatures.
The next two ways to ratify the amendment
1) proposed to states and three-forths must approve amendment.
2)by citizen elect delegaes to conventions called in each state to consider amendment. The conventions must approve amendment by three-forths of the states.
How does passing amendment outline the principle of popular sovereignty?
The amendment process is outlined by popular sovereignity by the amendment only gets passed if the majority of each house passes the amendment
Identify the first 10 amendments
G
Does the Bill of Rights give is absolute rights? Give an example.
No because there are limits on everything, nothing is aboslutly free. Such as we cant say certain things in certain places or act a certain way.
What was the original problem with the 1st amendment? How was problem resolved?
h
Brandenburg v Ohio
◦Government cannot punish speech unless it meets two criteria:
•if it is “directed at inciting or producing imminent lawless action,”
•If it is “likely to incite or produce such action”
Texas v Johnson
Whether or not the First amendment protects burning of the American Flag as a symbolic speech “The First Amendment literally forbids the abridgement of only speech, but we have long recognized that its protection does not end at the spoken or written word…If there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply “
What is the problem with the 4th amendment? How was it resolved?
It is not detailed and direct about rules and regulations,big grey area. It is resolved by looking at former cases and using those as examples.
Exclusionary Rule
Evidence found illegally may not be used against a person in a court of law.
Weeks v US court case?
Weeks house was invaded without a warrent and seized papers that proved him guilty. The court ruled you must have warrent to enter, and excultionary act was made that you “cannot use illegally obtained evidence against someone.”
Wolf v Colorado court case ?
Forth amendment did not apply to state until this case.
What was the Schenck v US case?
Interfered with war efforts and court claims it created
“clear and present danger” and it is government responsibility to “insure domestic tranquility”
Mapp v Ohio court case?
Police entered his house illgeally and forcable without warrent and found obsence book and brought him to court. The court ruled for Mapp saying the evidence was found illegally and used exculionsary act.
Katz v Ohio court case?
The police bugged conversation on public phone and caught him illegally gambling, court ruled for Katz, “The forth amendment protects people not places..”
TLO v New Jersey court case?
Two girls suspected smoking, one girl admits other girl denies and then gets searched and was found of ciggertes and marajunna. “Resonable suspision which lead to more search of bag which means evidence is legit “
Why is principle of federalism still a topic of debate?
people want a stronger national government to control us and take care of us in a way such as the welfare plan.
Ritz of assitance
The British were able to come in and take whatever
How are democracies and republics similar and different from one another?
The simalarility the people are the ultimate sorce of government authority.
The differance is republic elect representatives to make descions on thier behalf and democracy is the people meet in asembly to discuss issues
What are the classic forms of government?
Monarchy, Dictatorship, and Democracy.
Potential advantages and disadvantages to a presidential system
Disadvantages: it is difficult to remove president from office, separations in power may lead to gridlock, branches of government may have different agendas, presidents may
become to strong, many presidential systems have become authoritarian.
Advantages: President elected by people for term, sepration of power prevent abuses of power, President is able to make decisions quickly and independantly.
Powers given to Congress
Expressed powers to wield, including coining money, collecting taxes, regulating commence, raising and maintaing arm forces, and declaring war. Implied powers is congress can “ make all Laws which shall be necessary and proper for carrying into execution the (expressed) Powers and all other Powers vested by this constitution in the government.” Inherent Powers is power to control borders.
Define Majority Opinion
The Supreme Courts Ruling in a case that is signed by at least 5 of 9 members of the Court
Concurring Opinions Define
Statement by Supreme justices who agree with overall conclusion in the case, but stress some different or additional legal reasoning.
Define Dissenting Opinion
Statement written by Supreme Court justices who disagree with Majority’s decision
Interest Groups: role in the political process?
The influence public opinion and convince public officials to accept their goals and views.
What role do political parties play in the political process?
The nominate, elect, and monitor representatives.
Organization of the political parties?
Political Parties are organized at all levels from local committees to national
-Significance of the Marshall Court
Maryland did not have power to tax because “power to tax involves the power to destroy,” which violates the supremacy clause.
Plessy v Ferguson
Permitted legal racial segregation “equal but separate accommodations.
-Judicial Restraint vs Judicial Activism
Judicial Restraint Is the concept that a judge should interpret the Constitution according to the Framers’ original intentions.
Judicial activism is the concept that the Constitution should be interpreted more broadly, as an evolving document, something that subsequent generations can interpret consistent with changing values and circumstances.
judicial Branch’s role in system of checks and balances
The judicial branch checks the legislative branch and the executive branch. Judicial review is their primary ruling that is the power to rule weather laws or executive actions violate the Constitution.
Structure of federal Court court system and jurisdiction of court system
The federal court is structured by districts and other courts which leads to courts of appeals and then to Supreme court.
State court systems hear cases on state laws and federal hear cases that violates federal laws
-What is key constitutional clause that lies behind most of the implied powers of Congress?
“Make laws necessary and proper for carrying out powers in constitution for the government”
