Definitions Flashcards
Government
A term used to describe The formal institutions through which a land and its people are ruled
Reasons for Government
maintaining order(Hobbes and Madison), protecting property (Locke, we own whatever we own by producing our own labor), provide public goods and solve coordination problems
Locke Believed
we are all equally free ad equally vulnerable
Natural Law
Bc humans have capacity to reason, if we exercise our reason on the world, we can service moral principles that live better lives, use those moral principles in systems of government so we can all use better lives
Legal Positivism
no necessary relationship between law and morality, unless we say what gov can do in a legal document government will do whatever, republicanism comes from this, people can’t be trusted to govern themselves
Leg checks on executive
overriding veto, impeachment, rejecting noms, investigating activity
Judiciary checked by
leg confirmations, can remove judges congress can propose constitutional amendments to overrule court’s decision
Pocket veto
president doesn’t sign within 10 days of end of session and that just vetoes it, has to introduce at the next session
Party vote vs party line vote
at least 50% of one party votes one way, at least 50% of other party votes another way, party line is party line
Executive privilege
claim of confidentiality in communication between the president and his advisors, in order to do his job president needs to have conversations that can’t be public, recognized by Supreme Court but only claimed if military diplomatic or security reason
Civil Liberties
freedom from the government, negative rights, the government cannot do something, bill of rights
Civil rights
freedom to do something, be treated equal, to vote, positive rights, 14th 15th amendment
Substantive restraints
limit on what government can do, procedural limit limits how the government acts, can do something but only in a certain way, like warrants
Second Founding
14th amendment “equal protection,” giving positive rights on behalf of the government, nationalizes civil liberties
Incorporation
due process clause of 14th amendment makes first 10 amendments applicable in all of the states