Government Review Flashcards by Allyson Vokes

Inalienable rights

Rights that the government can’t take away-freedom of religion, speech, Liberty

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Purpose of declaration

Explained why the colonists were seeking independence; said that people have unalienable rights that can’t be taken away

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Why did articles place all power in the states

When the states were colonies, England had too much power over them and they didn’t want that to happen again

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What types of problems did the articles create

National government was too weak- couldn’t collect taxes or enforce laws

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Where did we get our ideas for government

Magma carta, English bill of rights

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Magma carta

Rule of law

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Charles de Montesquieu

Advocated 3 branches of government

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John Locke

Enlightenment thinker who said that the people had rights and it was the governments job to protect those rights. When the government didn’t protect those rights, the people had the right to change the government

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William black stone

Our founding fathers referred to black stone more than to any other English or American authority. Blackstones commentaries on the laws of England was basic to the US constitution. The work had sold more copies in America then England and was a basic textbook of Americans early lawyers

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Important date:1787

Consitution was written at consitutional convention

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Virginia plan

Legislature would have 2 houses; representation in both houses would depend on states population; larger states would therefore have more delegates and power than smaller states

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New Jersey plan

Legislature would have 1 house; each state would send one delegate; therefore equal representation for all of the states no matter how large or small they are

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Great compromise

In House of Representatation, states were represented according to their population. In the senate, 2 senators would represent each state

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3/5th compromise

Every 5 slaves would count as 3 people

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Executive branch

Caries out laws

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Legislative branch

Makes laws

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Judicial

Interprets laws

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Amendment process(2/3->3/4)

Makes constitution flexible; process is difficult so that change is carefully considered. Amendment is proposed by 2/3 vote of both houses of congress; then approved by 3/4 of state legislature

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Republicanism

Desires of people are represented in government by elected representatives

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Limited government

Constitution places strict limits on the power of government in order to protect individual rights. Everyone must obey the law

Checks and balances

No branch was given to much power and each branch makes sure others are working as they should

Federalism

Power of government is shared between national and states

Individual rights

Bill of rights was written to protect the rights of individuals

Popular sovereignty

Government was created by people; they should govern themself; basis for idea of self government

What was the bill of rights

List of individual rights by the constitution

1st amendment

Religion, assembly, petition, press, speech | RAPPS

2nd amendment

Right to bear arms | Bear has 2 arms

3rd amendment

No quartering soldier | Hold up quarter with hand, 3 fingers

4th amendment

No unreasonable searches | What are u searching 4

5th amendment

Due process protections Right to remain silent 5 fingers over mouth

6th amendment

Fair and impartial jury in criminal case, right to attorney and speedy trial Pretend you are pointing at a watch. Speedy

7th amendment

Trial by jury in civil case | 7 looks like an upside down j

8th amendment

``` No cruel and unusual punishment Magellan ate(8) someone ```

9th amendment

There are other rides that may exist aside from the ones mentioned, and even though they are not listed, it does not mean they can be violated Nine makes rights mine

10th amendment

Any power not given to the federal government is given to the people or the states

John Peter Zenger

Freedom of press Zenger was put on trial for printing criticism new Tori's governor. It was illegial at that time. His lawyer argue that the people have the right to speak the truth and the jury agreed

Federalists

Hamilton, Madison, jay Supported ratification of constitution. Believed checks and balances. Said that the consitution divided the power and separated the national government

Federalists papers

Hamilton, Madison, Jay Written to help win support for the consitution. Supported the idea of strong national government; giving lots of power to national government would be not harmful to individual rights along as checks and balances was created

Madison

Federalists; author of federalist papers; supported bill of rights; wrote bill of rights

Hamilton

Author of federalists papers; first secretary of the treasure

Antifederalists

Henry, George Mason Opposed ratification of consitution. Believed consitution took too much power from states. Wanted legislature branch to be more powerful then executive. Wanted bill of rights

Patrick Henry

Antifederalists- wouldn't vote unless bill of rights was included

George mason

Antifederalists | Opposed consitution because it lacked a bill of rights and centralized powers more then he thought was necessary

Marshall court

Marshall was cheif Justice of Supreme Court for many years. The rulings made his by his court increased the power of the national government

Marbury vs Madison

Marburg was appointed to be a federal judge. Madison refused to give him his paperwork. Supreme Court declared that the law is written by Congress that would have helped Marbury get his job was unconstitutional

Judicial review

Established in Marbury vs Madison. Idea that the Supreme Court had the right to review all laws made by congress

Your responsibilities as a citizen

Vote, serve on jury, serve in military, stay informed, pay taxes, obey rules and laws, help your family

Naturalization

When u aren't a citizen and u become one Qualifications: 18, lived in the US for 5 years, read write and speak English, show knowledge of American history and government