Government Review Flashcards
Inalienable rights
Rights that the government can’t take away-freedom of religion, speech, Liberty
Purpose of declaration
Explained why the colonists were seeking independence; said that people have unalienable rights that can’t be taken away
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
What types of problems did the articles create
National government was too weak- couldn’t collect taxes or enforce laws
Where did we get our ideas for government
Magma carta, English bill of rights
Magma carta
Rule of law
Charles de Montesquieu
Advocated 3 branches of government
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
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
Important date:1787
Consitution was written at consitutional convention
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
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
Great compromise
In House of Representatation, states were represented according to their population. In the senate, 2 senators would represent each state
3/5th compromise
Every 5 slaves would count as 3 people
Executive branch
Caries out laws
Legislative branch
Makes laws
Judicial
Interprets laws
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
Republicanism
Desires of people are represented in government by elected representatives
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
