Comp 5: Government & Citizenship Flashcards
Natural Law
God’s or nature’s law that defines right from wrong and is higher than human law, Laws that exist outside and above all people and are discovered by reason
Common Law
A legal system based on court rulings, precedents and customs
natural rights
The rights of all people to dignity and worth; also called human rights. Life, Liberty, and Property
social contract
An agreement between the people and their government signifying their consent to be governed, A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.
democratic republic
republic in which representatives elected by the people make and enforce laws and policies. Government of the United States
monarchy
A form of government in which power is vested in hereditary kings and queens who govern in the interests of all
oligarchy
A form of government in which the power to rule is held by a small, usually self-appointed elite.
direct democracy
A form of government in which citizens rule directly and not through representatives
communism
A political and economic system where factors of production are collectively owned and directed by the state.
socialism
A theory or system of social organization that advocates the vesting of the ownership and control of the means of production and distribution, of capital, land, etc., in the community as a whole. Redistributes resources
Hammurabi’s Code
Oldest written system of laws. They were created by King Hammurabi of Babylonia in the mid 18th century BCE and placed on stones tablets for all to see. Innocent until proven guilty, eye for an eye justice
Justinian Code of laws
Roman Laws dating back to the 6th century. foundation for jurisprudence during the Renaissance, ideas still present today
Magna Carta
foundation for modern limited government, restricted the King of England’s power, presented the idea of natural rights, influenced Jefferson in drafting the Declaration of Independence
John Locke
17th century English philosopher who opposed the Divine Right of Kings and who asserted that people have a natural right to life, liberty, and property.
Two Treatises of Government
Is a refutation of the divine rights of kings and the absolutist theory of government. A book written by John Locke which stated details about natural rights and that people were born with and entitled to life, liberty, and property.
Declaration of Independence
outlined the political ideology of the US, foundation for the constitution
US constitution
“The supreme law of the land.” Written in 1787 at Philadelphia Convention to replace Articles of Confederation and create stronger central government. Outline’s structure & power of 3 branches of national government.
Communist Manifesto
This is the 1848 book written by Karl Marx and Friedrich Engels which urges an uprising by workers to seize control of the factors of production from the upper and middle classes.
Republicanism
republic form of government in which elected officials determine the laws.
Popular Sovereignty
A belief that ultimate power resides in the people.
elections
A formal and organized choice by vote of a person for a political office or other position, choosing representatives
the preamble
states the goals of the constitution, introduction to the US constitution
US constitution, article 1
establishes the powers, eligibility requirements and limitations of the legislative branch of government.
US constitution, article 2
establishes the powers, eligibility requirements and limitations of the executive branch of government.
US constitution, article 3
establishes the powers, eligibility requirements and limitations of the judicial branch of government.
US constitution, article 4
roles, rights and priviledges of the States and their citizens
US constitution, article 5
the amendment process
US constitution, article 6
maintenance of previous debts, supremacy of the constitution, oaths of office
US constitution, article 7
Ratification Process
Bi-cameral
A legislature consisting of two parts, or houses (house of reps and senate)
Great Compromise
[1787]. This compromise was between the large and small states of the colonies. The Great Compromise resolved that there would be representation by population in the House of Representatives, and equal representation would exist in the Senate. Each state, regardless of size, would have 2 senators. All tax bills and revenues would originate in the House. This compromise combined the needs of both large and small states and formed a fair and sensible resolution to their problems.
proportional representation
representation based on population
Senate
100 members, 2 members for each state. Members are elected every 6 years. The Vice President is the head of this body.
House of Representatives
One of the two parts of Congress, considered the “lower house.” Representatives are elected directly by the people, with the number of representatives for each state determined by the state’s population–has the power to impeach
three-fifths compromise
Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment)
elastic clause
Article I, Section 8, of the Constitution, which allows Congress to make all laws that are “necessary and proper” to carry out the powers of the Constitution.
enumerated powers
Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.
implied powers
Powers inferred from the express powers that allow Congress to carry out its functions.
speaker of the house
An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant.
minority leader
The principal leader of the minority party in the House of Representatives or in the Senate.
President Pro Tempore
Officer of the Senate selected by the majority party to act as chair in the absence of the vice president
How Laws are made
- congress member creates a bill and presents to a committee
- chairperson decides whether or not to hear the bill
- Committee hears testimony and debate on the proposed bill, add any amendments and votes
- If it passes committee vote, it is heard in the house where it originated. Bill is voted on, if it passes it moves to the next house. simple majority
- The next house votes of the bill. If it passes it moves to the president who can sign it or veto it
- congress and override a veto with a 2/3 passing vote
president of the United States
limited to a 4 year term, can serve a maximum of 2 terms. Appoints a cabinet of advisors and supreme court justices as needed. Job is to execute and carry out the laws approved by congress, serves as commander and chief of the US military
electoral college
A certain number of electors from each state proportional to and seemingly representative of that state’s population. each elector chooses a candidate believing they are representing their constituency’s choice. The candidate who receives a higher proportion of electoral votes within a state receives all the electoral votes for that state.
Judicial Branch
establishes the supreme court and justices, appointed by the president and approved by the senate, serve life terms or until retirement
Marbury v Madison
court case that established the concept of judicial review. The responsibility of the supreme court to determine if a law passed by congress is constitutional, part of the checks and balances process. [1801]
McCulloch v Maryland
[1819] Ruling that the constitution grants congress implied powers that are necessary to implement expressed powers. Also ruled that a state cannot impede a congressional ruling
Cherokee Nation v Georgia
[1831] ruled that the Cherokee nation did not have original jurisdiction to sue the state of Georgia because they were not a state.
Dred Scott v Sanford
[1857]Ruled the African American individuals sold into slavery were not citizens and therefore did not have constitutional rights, also applied to descendants of slaves. Subsequently, congress had no authority to prohibit slavery, slaves could not sue in court, they were property and could not be taken from owners without due process. This decision was overturned with the passing of the 13th and 14 amendments
Plessy v Ferguson
[1896] segregation in public and private sectors was ruled constitutional, separate but equal. Applied to schools as well
Korematsu v US
[1944] Ruled that detaining Japanese Americans in internment camps was constitutional
Brown v Board of Education of Topeka, KS
overturned Plessy v Ferguson, segregation in schools unconstitutional
Mapp V Ohio
[1961] Ruled that evidence obtained through violation of the 4th amendment, unlawful search and seizure, could not be used in court
Gideon V Wainwright
[1963] Ruled that courts were required to provide legal counsel to poor defendants in felony cases.
Miranda v Arizona
[1966] Ruled that a defendant has the right to be notified of their rights in order for his/her testimony to be used in court.
Tinker v Des Moines
[1969: Freedom of speech for students as long as it does not interfere with the learning environment. Students wore black arm bands to protest the Vietnam war
Roe V Wade
A woman has the constitutional right to have an abortion
US v Nixon
[1974] The Supreme Court does have the final voice in determining constitutional questions; no person, not even the President of the United States, is completely above law; and the president cannot use executive privilege as an excuse to withhold evidence that is ‘demonstrably relevant in a criminal trial
Regents of the University of California v Bakke
[1978] Upheld affirmative action programs in schools
Citizens United V FEC
A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third-party electioneering (Citizens for a Better Tomorrow, Tomorrow)
Amendment process
Two methods may be used.
- Congress to state: amendment is passed if 2/3 of each house and 3/4 of each states legislature
- Constitutional Convention: 2/3 of states call together a convention, it can amend the constitution, take effect if 3/4 of the state’s present approve
1st amendment
freedom of speech, religion, assembly, press and petition
2nd amendment
right to bear arms
3rd amendment
protects against quartering of soldiers
4th amendment
protects against unlawful search and seizure
5th amendment
protects against unsupported accusations, double jeopardy and self-incrimination
6th amendment
Right to a fair, speedy and public trial, right to a lawyer, right to confront accusers, right to an impartial jury
7th amendment
right to a jury trial in civil cases
8th amendment
protects against cruel and unusual punishment
9th amendment
protects rights not specifically listed
10th amendment
protects the powers of the states and individuals not specifically listed in the constitution
24th amendment
- poll tax abolished
26th amendment
voting age 18
revolution of 1800
Electoral victory of Democratic Republicans over the Federalists, who lost their Congressional majority and the presidency. The peaceful transfer of power between rival parties solidified faith in America’s political system. Jefferson defeated Adams in the 1800 election
Civil War
fought over states’ rights, withdrawing from the union and moral issue of slavery 1861-1865.
Sherman Anti-trust act
empowered the federal government to break up trusts and monopolies
Progressivism 1890-1920
America moves from laissez-Faire to more govt. involvement. Progressives believe that government is the agent of change
New Deal
President Franklin Roosevelt’s precursor of the modern welfare state (1933-1939); programs to combat economic depression enacted a number of social insurance measures and used government spending to stimulate the economy; increased power of the state and the state’s intervention in U.S. social and economic life. RELIEF, RECOVERY, AND REFORM. More government regulations
Great Society
[1964] President Johnson called his version of the Democratic reform program the Great Society. In 1965, Congress passed many Great Society measures, including Medicare, civil rights legislation, and federal aid to education.
Civil Rights act
[1964] banned discrimination in public accommodations, federally assisted programs, employment; enlarged federal powers to protect voting rights and to speed school desegregation
Reaganomics
the federal economic policies of the Reagan administration, elected in 1981. These policies were aimed at reducing government spending, reduces taxes, reduce regulations on corporations, and control the money supply, which decreases inflation and stimulates the economy
lobbying
attempting to persuade lawmakers to create legislation favorable to their interests
PAC
political action committee, raise money to support a specific candidate. In 2010, super PACs were formed with no contribution limits
