Constitutional Democracy in the United States Flashcards

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1
Q

The English Bill of Rights

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The English Bill of Rights is an act that the Parliament of England passed in 1689. The bill limits the power of the monarchy by creating a separation of powers, therefore enhancing and protecting the rights of citizens. After the Glorious Revolution of 1688, William and Mary had to agree to accept the Bill of Rights before they were able to be sworn in as king and queen in 1689.

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2
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English Common Law System

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The English common law system has a long history, beginning in Europe during the Middle Ages. With the growth of the British empire and colonialism, this system became the foundation of the legal systems of several countries. In practice, the English common law system uses prior court decisions or a pattern of decisions, known as precedents, as basis for deciding similar cases. The English common law system continues to be influential, but in some countries its influence may be diminished by statutory law.

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3
Q

English Common Law System: Common

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Under English Common Law, “common” refers to unwritten laws that included the accepted behaviors, local customs, and traditions of Great Britain.

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4
Q

Tea Act of 1773

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In debt from the French and Indian War and with an enormous amount of new territory to administer, the British government began a series of taxes on the American colonies in 1763. Most were met with outright rejection and hostility by the colonists. In 1773, the British tried to establish a reduced tax on a common American import, tea, in order to raise revenue, salvage a major British corporation (the East India Company), end rampant smuggling, and finally establish their authority over taxation. The angry American reaction, known as the Boston Tea Party, would finally move the colonies and the British crown to the brink of war.

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5
Q

Intolerable Acts

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The Intolerable Acts was the term invented by 19th century historians to refer to a series of punitive laws passed by the British Parliament in 1774 after the Boston Tea Party. The laws were meant to punish the Massachusetts colonists for their defiance in the Boston Tea Party protest in reaction to changes in taxation by the British to the detriment of colonial goods. In Great Britain, these laws were referred to as the Coercive Acts.

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6
Q

Patrick Henry

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Patrick Henry’s (1736-1799) legacy is that of a revolutionary leader who used his fiery language and firm beliefs to inspire, lead, and advocate for principles of freedom and democracy during a crucial formative period in American history. Henry had numerous roles in the American Revolution, yet he will always be remembered for his immortal plea to his fellow Virginians in 1775: “Give me Liberty, or give me Death!”

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7
Q

Patriot Movement

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The Patriot movement was an effort to protest Britain’s rule and to secure more freedoms for the colonists. The movement marked tensions between the American colonists and the British government, which carried on for several years before the Revolutionary War broke out in 1775. Their decision was based on the political philosophy of republicanism as expressed by spokesmen such as Thomas Jefferson, John Adams, and Thomas Paine. They were opposed by the Loyalists who supported continued British rule.

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8
Q

Thomas Paine

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Thomas Paine (1737-1809) was an English-born American political activist, philosopher, political theorist, and revolutionary (see Patriot Movement). One of the Founding Fathers of the United States, he authored the two most influential pamphlets at the start of the American Revolution (Common Sense and The American Crisis) and inspired the rebels in 1776 to declare independence from Britain.

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9
Q

Common Sense

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In January 1776, Thomas Paine released a pamphlet titled Common Sense. Using the emotional, Biblical arguments and progressive style of logic employed by preachers of the Great Awakening, Paine made the case that America needed to rebel against British rule. Considering how many people lived in the colonies at the time, Common Sense was more widely distributed than any book in American history and turned the people in favor of the Patriot cause for independence.

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10
Q

Olive Branch Petition

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The Second Continental Congress went to great lengths to pledge their loyalty to Great Britain as long as they were granted full rights. This letter insisted that the colonies wanted to negotiate trade and tax regulations with Great Britain, not gain independence. (1775)

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11
Q

Lee Resolution

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The Lee Resolution (also known as “The Resolution for Independence”) was the formal assertion passed by the Second Continental Congress on July 2, 1776 which declared the establishment of a new country of United Colonies as independent from the British Empire, creating what became the United States of America.

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12
Q

American Declaration of Independence

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Through this Declaration, the thirteen American colonies officially severed their political connection to Great Britain. It is divided into five sections: the introduction, preamble, indictment, denunciation, and conclusion (sometimes people put the denunciation and conclusion together for a total of four sections). Thomas Jefferson was highly influential in its development. (1776)

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13
Q

American Declaration of Independence: Introduction

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The Introduction asserts as a matter of Natural Law the ability of a people to assume political independence; acknowledges that the grounds for such independence must be reasonable, and therefore explicable, and ought to be explained.

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14
Q

American Declaration of Independence: Preamble

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The Preamble outlines the general beliefs of government, such as that all men are created equal and that government is for the people. If a government begins to abuse its power, the people are responsible for abolishing that government.

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15
Q

American Declaration of Independence: Indictment

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In the Indictment, a list of grievances with King George III are presented. These focus on his legislative and judicial missteps, military concerns, and his failure to protect the colonies.

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16
Q

American Declaration of Independence: Denunciation

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The Denunciation essentially finishes the case for independence. The conditions that justified revolution have been shown.

17
Q

American Declaration of Independence: Conclusion

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In the Conclusion, the signers assert that there exist conditions under which people must change their government, that the British have produced such conditions and, by necessity, the colonies must throw off political ties with the British Crown and become independent states. The conclusion contains, at its core, the Lee Resolution that had been passed on July 2.

18
Q

Treaty of Paris (1783)

A

Under this treaty, the Revolutionary War officially ended, and Great Britain finally recognized the United States as an independent nation. This new nation reached as far west as the Mississippi River and as far south as Florida. The U.S. was now expansive and free to make and enforce laws as the citizens saw fit.

19
Q

The Federalist Papers

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The Federalist Papers (1787-1788) were a collection of essays in support of the Constitution of the United States. They were written by James Madison, Alexander Hamilton, and John Jay in order to persuade New York State to ratify the Constitution. Because they were first published under a pseudonym (“Publius”), the authorship of the individual essays is sometimes debated. Regardless of who wrote which essay, they have had a lasting impression on both the politics and literature of America.

20
Q

Constitutional Convention (1787)

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In 1787, delegates came together at the Constitutional Convention to address national reform. The resolution of this debate became known as the Great Compromise of 1787 and resulted in the creation of the United States Constitution.

21
Q

The Great Compromise of 1787

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In 1787, delegates came together at the Constitutional Convention to address national reform. The resolution of this debate became known as the ‘Great Compromise of 1787’ and resulted in the creation of the United States Constitution. A compromise was reached between the big states and the small states. The proponents of the Virginia Plan got what they wanted in the population-based House of Representatives, while the proponents of the New Jersey Plan got what they wanted in the equal representation of the Senate. They also agreed to the Three-Fifths Compromise in which 3/5 of the slave population would be counted towards the overall state population and representation in government.

22
Q

The New Jersey Plan

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Part of the Great Compromise of 1787, the New Jersey Plan proposed that all states get an equal number of representatives in the new government regardless of state size. The U.S. Senate is based on this concept.

23
Q

The Virginia Plan

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Part of the Great Compromise of 1787, the Virginia Plan proposed that each state should gain representation based on population. The U.S. House of Representatives is based on this concept.

24
Q

Three-Fifths Compromise (1787)

A

Part of the Great Compromise of 1787, although the South did not want any rights for their slaves and wanted slaves treated as property, they did want their slaves to count as population when deciding their representation in the government. Since the Southern delegates would not move forward without the slaves being counted, a compromise was reached. 3/5 of the slave population would be counted towards the overall state population.