Midterm Review Flashcards
Why Does Government Exist?
To preserve order and protect human rights.
Elite Theory and Pluralist Theory
Elite theory - society is organized by a pyramid, those at the top have all the power.
Pluralist theory - power is exercised by groups. Everyone wins some of the time.
Political culture
Defined as perceptions of what government is.
Types of Political Culture
Individualistic - “democracy as market place”, no government concern for good society. Limited intervention in private activities.
Moralistic- Common Wealth. “good society” Politics to promote public good. Issues and ethics are important.
Traditionalistic - Paternal and elitist. Government exist to preserve order. Hierarchy with limited political participation. (Predominant in the South).
Philosophical Origins of the American Political System
Aristotle - “absolute justice” derived from reason
St. Thomas Aquinas - God is the source of man’s ability to reason. Natural law, absolute justice, government are God’s gifts to mankind.
***John Locke - British philosopher, power is derived from the consent of the people, not God. (Challenge to the theory of divine right)
John Locke’s Philosophies
Natural Rights - Life, Liberty, Property.
Human beings have certain rights by virtue of their existence. Kings do not grant these rights, God does.
State of Nature - perfect freedom and equality. Punishment of violators must not be arbitrary or disproportionate to the offense.
Thomas Hobbes
English philosopher. State of nature is highly undesirable. “Human life is nasty, brutish, and short.”
Social contract theory - views that people’s morals and/or political obligations are dependent upon a contract or agreement.
Problems with the Articles of Confederation
out of - Congress could not regulate trade.
- No uniform system of currency
- Congress did not have the power to tax
- Each state had one vote
- difficulty passing laws
- no executive chief
- no national court system
- congress did not have the power to settle disputes among states.
- laws needed approval by 9 out of 13 states.
What powers did the constitution give the federal government?
Expressed powers aka enumerated powers - regulate foreign trade, coin money, declare war, interstate commerce etc
Implied powers - powers the constitution is presumed to have delegated to the national government, those “necessary and proper” to carry out.
Checks and Balances
Separation of powers - power and responsibilities are divided among the legislative, executive and judicial branch.
Checks and Balances - each branch has some control over the other two. This prevents any branch from abusing its powers.
The 3 Branches of Government
Legislature - Congress can pass laws, congressional oversight, must approve spending, senate confirms presidential appointees, congress has the power to declare war, ratify treaties.
Executive - President can propose legislation, president can veto legislation passed by congress, president can call Congress into special session, Pres can refuse to spend money.
Judiciary - judicial review - power to declare laws unconstitutional, judges are appointed for life, salaries cannot be lowered and they cannot be fired.
How the Constitution may be amended
Amendment is passed by 2/3rds vote of both the House and Senate.
OR
A constitutional convention by the legislature of 2/3rds of states.
Ratification- After being proposed, an amendment must be ratified by the legislatures of 3/4 of state
OR
by ratifying conventions in 3/4 of the states (21st amendment)
Why was the Bill of Rights added to the Constitution?
Added to the constitution in 1791 in order to gain support from the Anti-federalist, who believed that the new Constitution gave the national government too much power.
Federalist 10
Factions- any group with a common interest. Why were factions a problem? You don’t want factions imposing what they think on everyone else.
You avoid factions by creating a large republic, giving the people representatives to represent the public’s voice.
Federalist 51 : Why did Madison argue that the Constitutional structure would prevent the federal government from abusing its power?
checks and balances, separation powers, they can control each other