Gov. Bas. Flashcards
Article I
The Legislative Branch
Article II
The Executive Branch
Article III
The Judicial Branch
Article IV
Relations Among States
Article V
Amending the Consitution
Article VI
Debts, Supremacy, Oaths
Article VII
Ratification
Amendment 1
Freedoms of Expression - Speech, Press, Religion, Petition, Assembly
Amendment 2
Right to Bear Arms
Amendment 3
Quartering of Soldiers
Amendment 4
Search and Seizure
Amendment 5
Rights of the Accused
Amendment 6
Criminal Proceedings
Amendment 7
Trial by Jury in Civil Cases
Amendment 8
Cruel and Unusual Punishment
Amendment 9
Rights Reserved to the People
Amendment 10
Rights Reserved to the States
Amendment 11
Suits Against States
Amendment 12
Election of the President, Vice President
Amendment 13
Slavery Abolished
Amendment 14
Citizenship Rights
Amendment 15
Universal Male Suffrage
Amendment 16
Income Tax
Amendment 17
Election of Senators by Popular Vote
Amendment 18
Prohibition of Alcohol
Amendment 19
Women’s Suffrage
Amendment 20
Commencement of Terms
Amendment 21
Amendment 18 Repealed
Amendment 22
Presidential Term Limits
Amendment 23
Electors for District of Columbia
Amendment 24
Poll Taxes Prohibited
Amendment 25
Presidential Succession
Amendment 26
Universal Suffrage for 18 Year Olds
Amendment 27
Congressional Pay Raises Limited
Preamble
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
form a more perfect Union
every action, regardless of size or scope, should serve to improve the condition of our nation’s ppl accept losses and learn from them.
establish Justice
a reasonable treatment for the majority of the citizenry is sought in all proceedings conducted by elected officials
mostly Judicial Branch.
“fair” does not always mean “equal” - it means what you deserve (segregation was “equal”, but it was not fair)
insure domestic Tranquility
to maintain a peaceful/lawful/orderly society; peace @ home. police, firefighters. police have limits too, though
provide for the common defence
to protect its citizens & sovereignty against hostile enemies; marines, navy (sea), army (land), air force(pretty new but very good), coast guard (drug trafficking, search & rescue, illegal immigrants, boat licenses)
Why is the National Guard not really national?
Most of the time, it’s under the control of individual states, with the state governor acting as commander in chief. However, the president can activate the National Guard and place it under federal control.
promote the general welfare
raise the wellbeing of the general population (Social Security, Medicare, Medicaid, food stamps, welfare checks, Obamacare)
secure the Blessings of Liberty
gift of being able to choose (even free to break the law, although u’ll be punished). passed on by the gov’t, parents, teachers, rep’s, leaders of any industry) “the next generation inherits the qualities of liberty that Americans value most.”
The Force Theory
1 person/group claimed an area & forced all w/in it 2 submit. based on physical prowess.
The Evolutionary Theory
developed out of primitive family. 1 head person = gov’t. family = network of related families (clan) = tribe = tribe w/ agriculture and not nomadic = state
what two theories of the origin of the state could merge together?
force & evolutionary cuz both use physical power.
Divine Right Theory
widely accepted in much of Western world 15-18th centuries. state created by God, who had given royal ppl a “divine” right 2 rule. disobeying = moral sin & treason.
more common form of “divine right”
chosen by God to rule - Europe, China, Japan
rare form of “divine right”
ruler = god. Alexander the Great.
Social Contract Theory
ppl w/in a given area agreed 2 give up to the state as much power as was need for all’s wellbeing. state exists only to serve the ppl. rulers & ruled agree to legitimate behavior.
what elements of the state does the social contract theory have?
popular sovereignty, limited government, and individual rights
what are the pros of the social contract theory?
security, civility, guaranteed certain freedoms
cons of the social contract theory
loss of absolute freedom (autonomy), uncertainty of illegitimate leaders
Article 6, Sec. 2
National Supremacy Clause - federal supreme over local
4 characteristics of states
territory (definable boundaries) gov’t (system of order) population (significant amount) sovereignty (supreme & absolute power in its own territory)
why are the 50 States not actually states?
don’t have sovereignty. federal gov’t supreme over state gov’t.
Magna Carta
- 1st doc to limit power of a king.
against King John (son of King Richard the Lionheart).
trial by jury,
due process of law,
protection against arbitrary taking of life, liberty, or property.
limited gov’t.
due process of law
all legal proceedings will be fair & consistent and one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property
Petition of Right
1628 during English Civil War.
king can’t imprison political critics w/out trial by jury
; can’t declare martial law (rule by the military) during peacetime;
nor require ppl 2 give gift, loan, tax, etc. w/out common consent of Parliament.
quartering of soldiers.
challenged divine right of kings. kings not above the law.
English Bill of Rights
- passed during Glorious/Bloodless Revolution
no standing army in peacetime unless by consent of Parliament.
all parliamentary elections = free.
king can’t suspend/execute laws w/out Parl. consent.
levying $ for/to the crown is illegal.
subjects can petition the king and prosecution 4 petition = illegal.
right to fair & speedy trial
. freedom from excessive bail & from cruel & unusual punishment.
Thomas Hobbes
- Leviathan. gov’t should be powerful cuz humans = inherently “wicked” (selfish). w/out gov’t life would be “brutish, nasty, & short”. a benevolent monarchy = ideal gov’t (but monarchy could become bad). influenced by English Civil War (cuz it was bad)
toured western & southern Europe
John Locke
- 2 Treatises of Government. less gov’t = ideal cuz humans r basically moral. respected Hobbes, jst ddn’t agree. influenced by Glorious Revolution
what 3 types of ppl did John Locke say there were?
materialist - Hobbes. life has only concrete meaning
idealist - Locke. life hs hdn, spcl meaning
dualist - Rousseau, combo of both
Jean Jacques Rosseau
- Du Contract Social. “man = born free but is evrywhr in chains”. blvd France = bcn of lght 4 gov’t style.
dualist
what are the materialistic and idealistic interpretations of Rosseau’s quote “man = born fre bt is evrywhr in chns”?
materialist - free of clothes, ability to survive idealist - free of rules & shame
Voltaire
1694-1778. France.
from wealthy fmly. bnshed for life. disowned by family cuz thought he ws stdyng fnnce bt actly stdyng flsfy.
chmpn of scl jstc (anti-classism). criticized the disparity of classes in France by praising the gov’t of their arch-rivals: the British (“In praise of Brtsh Gov’t”)
spread in lots of cntries incldng Frnce cuz yng ppl tld nt 2 stdy voltaire.
Who did all the social contract philosophers influence?
Thomas Jefferson, my homedawgg Hobbes - federal Locke - life, liberty, equality, perfect Union
foundations of democracy
fundamental worth of the individual, equality of all persons, majority rule & minority rights, necessity of compromise, individual freedom
fundamental worth of the individual
everything a democratic society does should be done w/in the limits of this concept; democracy serves the many who, as individuals, together make up a society. one person = one vote.
equality of all persons
everyone is equal: 1) before the law 2) in opportunity
how is everyone equal in opportunity?
no person should be held back 4 any arbitrary reasons like race, color, religion, / gender. ppl = free 2 develop themselves as fully as thy psbly cn
majority rule & minority right
majority = usually right. democracy = trial & error - not looking for “right” answers but satisfactory solutions 2 public probs. majority rule can be abused, so restrained by minority rights (willing to listen, right to become majority)
compromise
process of blending & adjusting competing views & interests in order 2 find the position most acceptable 2 the largest number of ppl. absolutely necessary for progress.
necessity of compromise
democracy puts individ. 1st AND insists each is equal. how else can ppl w/ so many diff opinions make public decisions? few public decisions have only 2 sides, often several answers.
individual freedom
dem. can thrive only w/ individ freedom but can’t insist on complete freedom 4 individ –> anarchy. your right to choose, right or wrong, despite the consequences guaranteed in a democracy.
6 principles of the consitution
popular sovereignty, limited gov’t, separation of powers, checks & balances, judicial review, & federalism
popular sovereignty
everyone has a vote in creating something (such as a law). 1854 Kansas-Nebraska Act - let ppl vote on whthr to be slve stte or nt. the source of power in our country.
limited gov’t
gov’t nt all-pwrfl. in dmcrcy, no kng. law is king. law = for ppl. ppl = source of power. rule of law. authority of gov’t = adequate to needs of society but never overpowering
separation of pwers
make law(leg - congress), enforce law (exec - prez), and interpret law (jud - supreme court). power of king in 3.
checks & balances
how our gov’t prevents branches frm gtng too pwrfl.
judicial branch checks
L: courts my dclre acts of cngrs to be uncnstnl E: jdgs r fre frm exc cntrl
legisl branch checks
J: Cngrs creates lwr crts, may rmv jdgs thru impchmnt E: may ovrride vto w/ 2/3 vote
exec branch checks
J: prz appts Sprm Crt jstcs & othr fed jdgs L: prz my vto lgsltn & call spcl sessions
judicial review
pwr 2 dtrmn the cnsttnlty of lws AND actions
Marbury vs. Madison
1803
courts are empowered to interpret the constitutionality of laws and actions
madison refused to step down
federalism (principle of const)
division of power among a cntrl gov’t & svrl rgnl gov’ts. Article 6 Sec. 2 Supremacy Clause. Fedrlsm ds nt exst w/out lcl gov’ts (Amndmnt 10)
formal amendment process 4 methods
1) 2/3 Congress. 3/4 state legislatures. used 26x.
2) 2/3 Congress, 3/4 state conventions
3) 2/3 national convention 3/4 state legislatures
4) 2/3 national convention. 3/4 state conventions
informal amendment process
US Code of Titles Statutes.
don’t cmpltly chng lws (no chld lft bhnd act).
1) bsc legis by congr
2) actions taken by prez
3) decisions of supreme court (Marbury vs. Madison)
4) activities of polit parties (majr parties hve hld ntnl cnvntns, cngrss does mny thngs based on parties)
5) custom: gov’t ceremonies of tradition (cabinet, VP–>P, no 3rd terms)
three gov’t categories
relationship b/w legislative and executive branches, distribution of power, and # who can participate
two forms of gov’t in “relationship b/w legis & exec branches”
presidential, parliamentary
three forms of gov’t in “distribution of power”
unitary, federal, confederate
two forms of gov’t in “# who can participate”
dictatorship, democracy
presidential form of gov’t description and example
executive is elected outside of legislative by populace. USA.
parliamentary form of gov’t desc & ex
Prime Minister elected from w/in legislative. (parliament elects PM). UK.
unitary form of gov’t desc & ex
a single, central level as source of power. North Korea & UK
federal form of gov’t desc & ex
nation = supreme over local. USA (Article 6, Sec. 2 Nation Supremacy Clause)
confederate form of gov’t desc & ex
local = supreme over national. loose alliance of states. Articles of Confederation, Confederate States of America.
dictatorship form of government desc & ex
@ least 1 person/entity; above the law. North Korea.
what two types of democracy are there?
pure (direct) democracy & representative (republic) democracy
pure/direct democracy
everyone votes on every issue
representative/republic democracy
the populace elects ppl to go vote on every issue. USA.
public policy
the principles, often unwritten, on which social laws are based
boycott
withdrawal from commercial or social relations with (a country, organization, or person) as a punishment or protest
ratification
to approve & make official a document
Articles of Confederation
agreement ratified in 1781 by the 13 original states; provided a legal symbol of their union by giving the central gov’t no coercive power over the states or their citizens
formal amendment
change/addition tht becomes part of the written language of the Const itself thru 1 of 4 methods set forth in the Const
informal amendment
changes 2 the Const tht don’t lead 2 chnges in the written doc.
bill of rights
a statement of the fund rights of the US ppl, in Amendments 1-10
what supreme court decisions have caused informal amendments?
1896 - Plessy vs. Ferguson (segregation legal) 1954 - Brown vs. Board of Edu (segregation illegal) 1973 - Roe vs. Wade (abortion = illegal) 1966 - Miranda vs. Az (accused must be read Miranda rights & told wat they’re accused of)
legislative branch
House - 435 members, 2 yr terms Senate - 100 mmbrs, 6 yr terms
apportionment
the distribution in the House among the seats on the basis of their respective populations
House of Reps qualifications
25 yrs old, ctzn/inhabitant in their state 7 yrs
Senate qualifications
30 yrs old, ctz/inhb 9yrs
President qualification
35 yrs, natural-brn citizen, lived in US for at least 14 years
natural born citizen
born on US soil, born of 1 Am. citizen
Virginia Plan
3 branches, 2 houses (bicameral - 1 would be population based, the other donation based); better for big states
NJ Plan
unicameral (equal representation); better for smaller states
CT Compromise
merged the VA & NJ Plans; bicameral (Senate[equal rep] & House[pop. rep.]) & 3 branches (leg, ex, jud)
3/5 Compromise
each slave = 3/5 person. population including slaves in South = huge, so this would make it more equal for smaller states
when was the Const. Convention?
1787
Commerce & Slave Trade Compromise
protected the federal gov’t’s control of trade & the institution of slavery for 20 years.
9 roles of president
chief of state, chief executive, chief administrator, chif diplomat, commander in chief, chief legislator, chief of party, chief citizen, patriarch/matriarch of the country
chief of state
ceremonial head of US gov’t, symbol of all the ppl
chief exec
exec power of the US domestic & foreign affairs
chief admin
of Fed Gov’t, heading 1 of the largest gov’tmntl machines in the world. ex branch - largest employer in the US
chief diplmoat
Am foreign policy & nation’ chief spokesperson. hires Sec. of State to talk 2 other countries
commander in chief
of nation’s armed forces. related to role in foreign affairs.
chief legislator
public policies. sets overall shape of Congressional agenda.
Chief of Party
leader of the pol. party tht controls the exec branch. much of the real power & influence comes with this role.
chief citizen
the one to work for and represent the public interest against the many private interests. moral leadership.
patriarch/matriarch of the country
being the nurturing father/mother figure of the nation
12th amendment
used to be loser prez –> VP but now prez and VP run together
25th amendment
allows VP to replace P if P dies/resigns (informal amendment). VP -> speaker of the house –> pro tempore of the senate –> secretary of state –> secretary of treasury –> secretary of defense –> …. –> secretary of homeland security
royal colonies
crown rule. Virginia. governor from source of power above –> for US, from source below. pays taxes to the gov’t
all colonies were considered this type of colony by Am’s in 1776
charter colonies
self-rule. MA, CT, RI. still had to follow a charter but a lot of liberty. rights reserved to the states (both have lesser parts involved that have rights)
proprietary colonies
proprietors given land by king; owned & operated by proprietors. Pennsylvania (William Penn from George I), Maryland. open minded. owner-operated (like our economy w/ businesses & stuff)
What type of thing was the Glorious/Bloodless Revolution?
a peaceful transition of power
rule of law
no one is above the law
voter apathy
only moral obligation to vote, so some don’t. only abt 1/3 of our nation actually votes.
judicial branch requirements and such
Prez nominates, Senate confirms, life term, no age requirement (looking 4 life experience, wisdom, law knowledge)
Constitution
each application for admission to the union requires this “plan for government” that lays down the laws for the rulers & the rules
sub-political units
states
provinces
why is it so hard to formally amend the constitution?
security
basic legislation
informal amendment
Congress passes “statutes” that add details to existing Articles & Amendments
executive action
informal method
exhibited by the prez blocking trade w/ a country who doesn’t have a good relationship w/ the US
