Midterm 1 Flashcards

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0
Q

What was the Virginia Plan?

A

A plan formulated by three independent branches including legislature, executive, and judiciary- pitched by Govenor Randolph at the Constitutional Convention.

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1
Q

What is a Bicameral Legislature?

A

A legislative body that has two separate chambers or houses, often with equal authority to pass or amend legislation.

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2
Q

What were the key features of the Virginia plan?

A

Bicameral legislator or with broad powers, National executive, national judiciary, Council of revision, limits on the legislators control of salaries, guarantee to each state of its territory and a republican government, requirement that state officers take an oath to support the articles of union, ratification procedure ratification procedure under which the new constitution would be submitted.

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3
Q

What was the Missouri compromise of 1820?

A

A national compromise settled over the debate of free states and slave states. Where Missouri entered the union as a slave state and slavery was forever prohibited in the remaining territory of the Louisiana purchase.

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4
Q

What was the New Jersey Plan?

A

It was a plan made to counter the virginia plan. In attempts to preserve the basic structure of the government under the articles of confederation but added new powers to regulate trade and raise revenues and allowed congress to create executive and judicial branches.

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5
Q

What were the key features of the New Jersey Plan?

A

Equal state vote remained
Congress granted new powers to regulate foreign and interstate trade and to raise revenues Bubby taxing imports, requiring stamps on paper, and collecting postage
National executive in charge of military operations.
National Judiciary executive a point a “supreme tribunal” who had life terms
Supremacy of federal law passed by congress and treaties would be authorized to use the force of confederacy against any state or persons who opposed national laws or treaties

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6
Q

Who were the anti-federalists?

A

People who opposed the constitution.

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7
Q

Who were the Federalists?

A

Supporters of the ratification of the constitution of 1787

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8
Q

What were the federalist papers?

A

85 essays defending the Constitution and published under publius in NYC papers.

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9
Q

Who was Publius?

A

The pseudonym that Hamilton, Madison, and John Jay used in order to publish the federalist papers.

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10
Q

What is checks and balances?

A

Each branch of government has a certain amount of power over the other so no one branch becomes too powerful.
If president vetos a bill he puts a check but congress can put a check on him and pass it if they get 2/3 the vote.

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11
Q

What are the separation of powers?

A

Dividing governmental power into three basic types- making laws, executing the laws, and adjudicating controversies that arise under the laws. Legislative, executive, and judicial.

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12
Q

What are the Bill of Rights?

A

The first amendments to the US Constitution.

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13
Q

What is nullification?

A

The idea that a state can refuse to acknowledge of enforce federal laws within it’s boundaries.

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14
Q

What is majority faction?

A

Defined by James Madison in the federalist 10 as a majority of the people brought together by a common passion or interests that are opposing to the rights of other citizens or to the permanent interests of the community.

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15
Q

What is popular sovereignty?

A

Principle that all political power derives from the people. First embraced by the U.S. “We the people….” In the preamble of the Constitution “governments are instituted among men, deriving their powers from the consent of the governed.” The Declaration of Independence

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16
Q

What is deliberation?

A

Reasoning on the merits of public policy, searching for the public interest or common good. Aristotle said, who has the power to take part in the deliberative or judicial administration of any state is a citizen”

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17
Q

What are natural rights?

A

“Parentheses life, liberty, and the pursuit of happiness.” As in the declaration of independence the rights to which all people are entitled by their very nature is human beings.

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18
Q

What is Prudence according to the declaration of independence?

A

Having good judgment and wisdom in government and politics. for example George Washington was not well educated but had wisdom and practical affairs. Did declaration did not want people to change because of the light in transient causes but more so for a long train of abuses.

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19
Q

What is rule of law?

A

The principle that rulers should govern through law and not Arbitrarily. That all persons should be equally treated before the law and that individual rights are the foundation of the law and not the creation of the law. It is placed to keep political people in power from tyranny

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20
Q

What are the articles of Confederation?

A

It was the first national Constitution for the united states. It created a single branch of government which was Congress where we each state had one vote. It had a weak central authority because delegates feared powerful national government. States had all the power.

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21
Q

What were the key features of the articles of Confederation?

A

State sovereignty states retained all powers not expressly delegated to the national authorities in these firm league of friendship.
National purposes the Confederation had three broad purposes common defense, security of their liberties, mutual welfare.
A single governing institution which was Congress.
Delegates representing the states.
Equal state vote regardless of population.
Limited power Congress could not own authority raise taxes or military.
Super majority requirement.
Amendments changes to the articles required a unanimous consent of 13 state legislators

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22
Q

What was the Constitutional convention?

A

It was the gathering where the Constitution was written and delegates from 12 states except Road Island met in Philadelphia.

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23
Q

What was McCulloch VS Maryland?

A

Maryland didn’t want a national bank and wanted to tax all banks that weren’t approved by them. McCullouch took it to the Supreme Court. Used the elastic clause “congress can use the necessary and proper clause to execute delegated power.” Huge win gave the federal government leniency

24
Q

What is the supremacy clause?

A

Part of article VI declares that the Constitution shall be the supreme law of the land States cannot hamper the operations of the constitutional laws enacted by Congress.

25
Q

What was Dred Scott v. Sandford?

A

Dred Scott was sold as a slave but his owner moved to a free state. Sanford was his owner. Was called the worst Supreme Court decision in history.

26
Q

What are the implied powers?

A

Powers of the national government that the Constitution does not directly mention but that one May reasonably infer from the enumerated powers

27
Q

What is dual federalism?

A

National government would focus on foreign affairs national security, interstate relations, and other topics of national reach leaving many domestic policy issues to the states.

28
Q

What is the necessary and proper clause?

A

The final clause of article 1 section 8 of the Constitution it empowers Congress to make all laws necessary and proper in order to carry out the federal government’s duty. McCulloch versus Maryland

29
Q

What was Gibbons v. Ogden?

A

Gibbons wins and ogdens monopoly is broken. Federal license that Gibbons had was deemed as supreme

30
Q

What is assimilation?

A

The blending of diverse immigrant groups into one people by the adoption of common language, customs, and values

31
Q

Who was the “know nothing party”?

A

And anti-Catholic and anti-immigrant party of the 1850s that opposed Catholic candidates for political office because of their affiliation with The pope in Rome. They wanted immigrants to wait 21 years before applying for citizenship.

32
Q

What is birthright citizenship?

A

When a nation automatically Grant citizenship to everyone born in the country except for the children of foreign diplomats

33
Q

What was the Treaty of Guadalupe Hidalgo?

A

The treaty that ended the Mexican-American war in 1848 it provided that the approximately 100,000 residents of the lands Ceded by Mexico would become American citizens and less they decided to retain their Mexican citizenship.

34
Q

What is the melting pot metaphor?

A

It’s the idea of the newcomers to the US should leave behind their old identities and adopt a new one that they should try to blend together into a single American people and not become diverse

35
Q

What is political culture?

A

A distinctive and widely shared set of believes on how to practice governmental and political activities. Such as individualism and patriotism, reformism

36
Q

What is the commerce clause?

A

Article 1 section 8 empowers congress to regulate commerce with foreign nations and among the states. It has supplied with the basis for regulation of business as well as other domes rice policy initiatives.

37
Q

What is a liberal democracy?

A

Works to secure the rights of of its citizens while promote their liberty, or freedoms.

38
Q

what is prudence in the declaration if independence?

A

Reffers to wisdom about practical affairs. It means making good judgement and making sound decisions in government and politics

39
Q

What was the Connecticut compromise

A

The virginia plan wanted more power because their population and the New Jersey plan wanted equal representation. The more people you have the more representation you have.

40
Q

What was the Louisiana purchase?

A

Napoleon wanted to sell Jefferson land but was had to betray the constitution to expand America. Bought the land for cheap without the approval of the senate.

41
Q

What was Marbury versus Madison?

A

Established judicial review. Midnight judges called Thomas Jefferson going to take path of office john Marshall didn’t hand out the judge ship to William Marbury. Writs of mandamus law passed by congress

42
Q

Basic requirements for presidential office

A

Must be 35+ in age, a resident for 14+ years, natural born citizen

43
Q

What is citizenship?

A

Legal status that accords full membership in a political community. Virtues are essential elements of good citizenship these include self-restraint, self-reliance, civic knowledge, civic participation and service.

44
Q

What is the Declaration of Independence?

A

Approved by the second Continental Congress on July 4, 1776 that articulated the principles of natural rights and consent of the governed detailed the numerous ways in which King George the third of Britain had violated the colonists rights and declare the former 13 colonies to be independent of Britain. It’s stated that the king had undermined the peoples rights to life, liberty, and the pursuit of happiness.

45
Q

What does consent of the governed mean?

A

No one has the right to govern another without that other person’s consent. Active consent is when people show their acceptance of the government by participating in the political system. Tacit consent includes people a green to best executive powers in a team for whom they could not vote.

46
Q

What are natural rights?

A

The rights in which people are entitled by their very nature as a human being. For example life, liberty, and the pursuit of happiness.

47
Q

What is civil disobedience?

A

Nonviolent breaking of the law to protest in justice and to press for social or political change.

48
Q

What are the rights of citizenship?

A

Ability to vote, police and firefighter protection, the military and borders protected. Rights of the declaration of independence and common law.

49
Q

What are the duties of citizenship?

A

Jury duty, lawful actions, taxes, self-restraint willingness to follow law, self-reliance acting like an adult independently.

50
Q

Legislative branch

A

They write laws, confirm job placement by president, approve treaties, grant money and they can declare war.it consists of Congress the house of representatives, and the senate.

51
Q

The executive branch

A

suggest laws, enforce the laws, commander of the military, selects ambassadors to go to other countries, conducts foreign policy, and make treaties with other countries. Consist of the president, and the vice Pres. His cabinet the Secretary of State in the Secretary of Education

52
Q

The judicial branch

A

The Supreme Court and they interpret the laws. And reviews lower court decisions.

53
Q

What are checks and balances?

A

Ways the Constitution protects people’s rights by making sure no one branch becomes too powerful.

54
Q

How does the legislative branch work in checks and balances?

A

Keeps the executive branch in check by the power to reject treaties, withhold money for presidents ideas, override a veto, impeach the president. Keeps the judicial branch in check by proposing constitutional amendments to overrule judicial decisions, impeach Supreme Court justices

55
Q

How does The executive branch work in checks and balances?

A

It keeps the legislative branch and check by being able to adjourn Congress in certain situations, veto bills. It checks the Supreme Court by appointing judges.

56
Q

How does the judicial branch work in checks and balances?

A

It keeps the executive branch and shack by declaring executive actions unconstitutional. It keeps the legislative branch in check by declaring laws unconstitutional.

57
Q

What is the independent regulatory commission?

A

A government organize a shin the issues of rules and conducts of judicial proceedings. The president names the members and the chair of each commission, subject to Senate confirmation, but these officials served fix terms and are not subject to presidential dismissal without a good cause.