Chapter 2 Flashcards
NATIONS BASIC LAW
Divides power
Creates political institutions
Constitution
Flag protection act against discriminating the flag was found in this case a violation of freedom of speech
United States vs. Eichman
Declared independence from Britain in 1776
Declaration of Independence
Rights that cannot be taken away from people such as life, liberty and property
(JOHN LOCKE’S concept)
Natural rights
Idea that government derives it’s authority by sanction of the people
Consent of governed
Idea that certain restrictions should be placed on government to protect natural rights of citizens
Limited government
First constitution of the US (1777) established national legislature, the continental congress, but mostly authority rested with state legislatures
Articles of confederation
Texas vs. Gregory Lee Johnson case issue
Upset about nuclear war weapons build up so burned American flag
Gregory Lee Johnson’s claim
Conviction and fine violated his freedom of speech
State of texas’s claim in Texas vs. Gregory Lee Johnson case
Convicted him with desperation of a venerated object
Courts ruling in Texas vs. Gregory Lee Johnson case
agreed with Gregory
Series of attacks on courthouses by a small band of farmers led by Daniel shays to block foreclosure proceedings
Shays rebellion
Document written in 1787 that states structure of government and what institutions need to perform and replaced articles of confederation
US constitution
Groups, parties or interest groups that arose from unequal distribution of property or wealth and could cause instability in government
Factions
Proposal at the constitutional convention that called for equal representation of each state in congress regardless of states population
New Jersey Plan
Proposal at the constitutional convention that called for equal representation of each state in proportion to that’s states share of the US population
Virginia plan
Compromise made at the constitutional convention that made two houses of congress, house of representatives in which representation is based on the states share of the US population, the senate; in which each state has two representatives
Connecticut compromise
Power shared between legislative, executive and judicial branches so they balance power between each other
Separation of powers
Limits governments power by requiring each branch to obtain consent of other branches for actions, LIMITING AND BALANCING POWER
Checks and balances
People select representative who make the laws
Republic
Supporters of the US constitution
federalists
Non supporters of the US constitution
Anti federalists
Collection of 85 articles written by Alexander Hamilton, John Jay and James Madison under the name publius to defend constitution in detail
Federalists papers
First 10 amendments of the US constitution, drafted in response to federalists concerns, define basic liberties such as freedom of religion, speech and press and guarantee defendants rights
Bill of rights
Constitution amendment passed by congress in 1972 which wanted equality of rights for all both sexes and it didn’t get enough votes required from 3/4 of the state legislatures
Equal rights amendment
1803 case which wanted definition of US constitution from the Supreme Court.
The decision established the courts power of judicial power over acts of Congress.
Marbury vs. Madison
The power of courts to determine whether acts of Congress/executive are abiding by the US constitution
Made by Marbury vs. Madison
Judicial review
Can propose an amendment requested by 2/3 of the states
National convention
Can propose an amendment requested by a 2/3 vote in each house
Congress
Can ratify an amendment by a vote of 3/4 of the states
State conventions
Can ratify an amendment by a vote of 3/4 of the states
State legislatures
Phase one of amending the constitution includes
National conventions and congress
Phase one of amending the constitution
Proposing amendments
Phase two of amending the constitution includes
State legislatures and state conventions
Phase two of amending the constitution
Ratifying amendments
15th amendment
Prohibited racism in voting - more votes
17th amendment
Direct election for senators -gave people a say/power
19th amendment
Women’s right to vote - more votes
23rd amendment
Washington DC could vote in presidential elections -more votes
24th amendment
Prohibited poll taxes(discriminated against poor)
-more votes
26th amendment
Voting age lowered to 18- more votes
Informal ways of amending constitution
Changing political practice -1800 ELECTION
Technology - INTERNET
Judicial interpretation -MARBURY VS. MADISON
Increased demands for new policies - WAR ON TERRORISM
What contribution did John Locke make to the creation of our government
Life, liberty and property
What contribution did Thomas Jefferson make to the creation of our government
Life, liberty and the pursuit of happiness
What is the importance of Marbury vs. Madison
Judicial review
States supreme law of the land includes the constitution, laws and treaties
Supremacy clause
Why is the supremacy clause important
Prevents religion being a factor in not letting someone run for office or be in the national government
Congress maintained army and navy
Developed management policies
Could learn from Articles of confederation’s mistakes to be better in the future
Articles of confederation’s strengths
Shays rebellion
Central government
Taxation
Little money
Regulate commerce
No presidents or courts
Articles of Confederation’s weaknesses
What did framers take about the nature of people
Power hungry and self interested
How can federalism be used as a check on government
Powers are divided
What is James Madison given credit for
Writing constitution
What is the Equal rights amendment an example of
Just about passed but didn’t quite
What were framers view of universal suffrage or the right to vote
Elite white men who owned land
Slaves would be considered 3/5ths of taxation and representation
3/5th ‘s compromise
Charged with proof of crime or released
Habeus corpus
Being charged for something that was once legal when you did it and now it’s illegal
Ex post facto
Checks and balances example of legislature branch
Approves presidential nominations and controls budget on executive branch
Checks and balances example of judicial branch
Court can declare laws unconstitutional to legislature branch
Checks and balances example of executive branch
Can veto congressional legislation
Legislative =
Make laws=congress
Executive =
Enforce laws = president
Judicial =
Interpret the law = Supreme Court
How were US senators initially elected
By states legislatures