Exam 1 Flashcards
New Jersey Plan
States have equal representation, regardless of size
1st amendment
Revolves around freedom from government abuse.
- Freedom of speech
- Freedom of the press
- Freedom of Assembly
- Right to petition government
- Freedom of Worship
Freedom of speech
Protected under law to critique government.
Freedom of Worship
Free Exercise Clause: Free to worship or not
Establishment Clause: government cannot establish a national religion.
Freedom of Press
Right to know what is going on or to police government
Freedom of Assembly
Right to gather peacefully: protest, religious service, soccer groups.
Rights to petition government
Calling/email government
2nd Amendment
Rights for a regulated militia and individual people to form militias and to own guns.
4th Amendment
Unreasonable search and seizure. Government needs a justifiable and specific reason and warrant to search your property.
5th Amendment
Criminal Protections
- Grand Jury
- Double Jeopardy
- Self-Incrimination
- Due process of Law (national only)
- Takings Clause
Right to Grand Jury
For capital and infamous trials; must be tried by jury.
Double Jeopardy
Found innocent; cannot be tried again later
Self-Incrimination
Does not have to testify against self; defendant does not have to testify.
Due Process (national)
Cannot be sentenced without being processed
Takings Clause
Government cannot take private property unless paid for it at current market value and it will be for the public.
6th Amendment
- Fair and Speedy Trial
- Right to a Jury
- Right to know what you are accused of.
- Right to face accuser
- Right to defense
Fair and Speedy Trial
Trial is soon after arresting; thrown out if witness or accuser dies.
Right to a Jury
Tried by peers, fellow citizens
Right to know what you are accused of.
Habeas Corpus (if there’s a body, show me the body). Ppl being detained have the right to know what they are accused of. Evidence.
Right to face accuser
Can face accuser in court; know who is accusing you.
Right to defense
Right to try to prove you are innocent.
8th Amendment
Criminal Protection.
1. Protection from cruel and unusual punishment.
9th and 10th Amendments
Checks on government.
9th: Something not stated in Constitution, it goes back to the people.
10th: Something is not stated in the Constitution, it goes back to the states.
12th Amendment
Separate ballot for president and vice president. [same??]
13th Amendment
Abolished slavery and indentured servitude
14th Amendment
- Citizenship by birth.
2. Due Process (states)
Due process (states)
Due Process Clause: procedure in place.
Cannot be sentenced without being processed.
Equal Protection Clause: Protect equally from abuses. i.e. witness protection program.
Amendment 15
Prohibition from denying a citizen the right to vote based on race, color, and previous servitude.
Amendment 16
Income Tax
Amendment 17
Direct election of senators
Amendment 18
Prohibition
Amendment 19
Right for women to vote.
Amendment 20
Presidential term limit – Jan 20; Congress meet in January.
Amendment 21
Repeal of Prohibition
Amendment 22
Presidential term limit; can only serve 10 years.
Amendment 25
Presidential Succession Fix. President -> vice president -> speaker of the house -> president proptem of senate => secretary of state -> cabinets -> department of homeland security
Amendment 26
18-Year-Olds can vote
Amendment 27
Congress cannot give self a raise w/o facing the voter
Federalists
Founders who supported the new Constitution. Madison, Jay, Hamilton. Published under Publius
Anti-Federalists
Founders who did not support the new Constitution. Jefferson, Mason, Adams. Published under Brutus.
Bicameral
Legislative having two branches; House of Reps and Senate
House of Representatives; number of people
Depends on population of state
Senate; number of people
Two from each state
Amendment Process
- Proposal by a two-thirds vote in both houses of Congress.
- Ratification by three-fourths of the state legislatures.
Representative democracy
A form of democracy in which citizens elect public officials to make political decisions and formulate laws on their behalf.
Democracy
Supreme power invested in people and exercised by them directly
Republic
Supreme power invested in people and exercised by them indirectly. Representatives acting on peoples’ behalf.
Federalism
System of government in which sovereignty is constitutionally divided between national and state governments.
What it US actually is.
A republic – where people elect officials to act on their behalf
Take Care Clause
Responsibility to enforce laws of Congress exactly how it states, and actually enforce it.
Anarchy
Lack of governing authority
Socialism
Mid-point (Marx and Lennon). Collective community produces, distributes, and exchanges all goods and services. Private and Public
Framers
Ones who wrote Constitution: Franklin, Madison, Washington, Hamilton
Privileges and Immunities Clause
Article 4 (states): Must treat citizens and non-citizens equally
Aristotle
“Father of Democracy”; pure/direct democracy (government is exercised directly by the people). Is majoritarian
Four major principals of US government rooted in the Constitution
Republicanism, separation of powers, checks and balances, federalism
Connecticut Compromise
Bicameral, Two-chamber legislature:
- House of Representatives
a. Lower Chamber
b. Proportional - Senate
a. Upper Chamber
b. Represents each state equally
Number of articles and amendments in the constitution
27 amendments; 7 articles + preamble
Full Faith and Credit Clause
Article 4 (states): must honor each other’s laws
Second Continental Congress
July 4, 1776. Approved Declaration of Independence.
3/5ths compromise
3/5 slaves counted for House of Reps representation and taxation.
Equal Protection Clause
Portion of the 14th Amendment that requires the states to treat citizens equally under the law. Basis for the incorporation doctrine, which extends Bill of Rights protections to shield citizens from state as well as federal abridgment of basic freedoms.
Majoritarianism
Majority rule; numerical majority of a group should hold the power to make decision binding on the whole group – a simple majority
Individualism
Set of beliefs holding that people, and not the government, are responsible for their own well-being.
George III acts that led to revolution
Navigation, Townshend and Tea, Molasses and Sugar, Currency, Stamp, Intolerable Acts (quartering and soldier immunity)
Challenges of pure democracy
- size of country
- mob rule
- limited government
Politics
- The process of determining who gets what, when, and how (Harold Lasswell)
- The conflicts and struggles over the leadership, policies, and structure of government
Autocracy
Power to rule is concentrated in one person. It is not hereditary.
Republic/Republic form of government
A form of governance in which power is derived from citizens, but representatives act on their behalf to make governmental policy.
Capitalism
Production and distribution of good and services are privately or corporately owned.
Founders
Some wrote Constitution; involved in establishment of the US. Jay, Adams, Jefferson, Franklin, Madison, Washington, Hamilton
Checks on Legislative
Executive: Veto legislation,
recommend legislation
Judiciary: Review legislative acts
Checks on Executive
Legislature: Override executive veto with a 2/3 majority, confirm executive appointments (Senate),
reject foreign treaties (Senate)
Judiciary: Review executive acts, issue injunctions
Checks on Judiciary
Legislature: Create or eliminate courts, impeach
Powers of Executive: Grant pardons, nominate judges
Limitations of the articles
- no power to collect taxes.
- no power to regulate trade
- no power to enforce laws
- all nine states needed to pass laws
- Amendments to Articles required all 13 states.
Articles of Confederation
1782-1789
Enumerated powers
Powers specifically granted to the government. Enumerated powers of Congress are found in the first 17 clauses of Article I, §8, of the U.S. Constitution
Shay’s rebellion
Pre-foreclosure MA farmers revolted reduce taxes causing crippling debt. Highlighted the inherent weaknesses in the Articles in that state governments were not functioning properly
Preamble
Articles of Confederation okay; needed to do more. General welfare -> ppl help from government; whole/individual.
1st Article
Legislative branch – qualifications, structure, terms, general powers; most powerful. House of Reps (upper), Senate (lower). Rep for territories. Necessary and Proper Clause.
Qualifications for being house of Rep
Citizen for 7 years; 25-year-old, reside inside district running for
Qualifications for Senate
age 30, reside in state for nine years.
Necessary and Proper Clause
Gives Congress authority to do what is necessary and proper to run a country.
2nd Article
Executive branch. Structure - cabinet. Natural-born US citizen; 35 age, live in US 14 years. Vesting and Take Care clause.
Vesting Clause
The authority for the president to enforce laws
Take care clause
Responsibility; enforce what law says, don’t fail.
3rd Article
Judicial Branch; court justices; presidential make appointees, senate confirm
4th Article
States. Full Faith and Credit Clause. Privileges and Immunities Clause. Republican form of government.
Legislative job
Make laws
Executive
Enforce laws
Judicial
Interpret laws
Pluralism
System of policy making in which competing interest hold authority over issues most important to them.
5th Article
Two-Stage process for amending constitution
6th article
Federal Powers; Supremacy clause
7th article
Ratification for adopting the constitution
Virginia Plan
Wanted proportional representation - A system of legislative districting in which larger states receive more representatives than smaller states
Implied powers
general powers suggested by the Constitution rather than specifically enumerated within it.
Tyranny of the majority
The potential of a majority to monopolize power for its own gain and to the detriment of minority rights and interests (A fear expressed by Plato, Aristotle, Madison, Tocqueville, and Mill)
Governance
Exercise of authority over performance of functions for a political unit.
Monarchy
Power to rule is on one person. Is hereditary. Power shifts when person dies.
Communism
State plans, controls, and runs economy (authoritarian regimes)
Liberty
Political value that cherishes freedom from an arbitrary exercise of power that constricts individual choice.
Tenets of Democracy
Self – government Majoritarianism (Majority rule) Liberty Individualism Egalitarianism => Equality
Overall Articles
Legislative Executive Judicial State Amendment Supremacy Ratification
Supremacy Clause
State vs. national government; federal government wins out. IN THE 6TH AMENDMENT
Ex Post Facto Law
Government can’t pass a law then charge you if you committed the now a crime before they government passed the law.