POLS 1010 Week 1 Flashcards
Why do governments form?
To ensure order in society
To establish justice and equality of law
To provide for general human welfare
To promote common good and defense
OJWD
Introduction
What is the introductory statement that explains the Constitution’s purpose and intent?
The Preamble
Which part of the Constitution outlines its purpose to establish justice, insure domestic tranquility, provide for common defense, and promote general welfare?
The Preamble
An agreement between society and government, rules of conduct by a just society, and established legal equality is implied by the concept of the __________ ___________.
Social Contract
Government by the people or popular sovereignty; form of government; way of life.
Democracy
A government where those with gov. authority acquire or retain it directly or indirectly by winning elections.
Republic
Government where authority of those who govern is limited to ensure people’s voice is heard through free and fair elections.
Constitutional Democracy
Education, economic development, social, and ideological conditions are all part of the requirements for building a __________ __________.
Constitutional Democracy
Interacting values
Government by the people
Popular consent
Interacting values
A term that means we all have certain worth.
Individualism
Found in Declaration of Independence
Interacting values
The idea that all people should have an equal chance to access resources and opportunities, without discrimination based on factors like race, religion, gender, or age
Equality of Opportunity
Interacting values
What fundamental aspect of a democratic society describes the freedom of an individual to make choices and decisions about their own life, without interference from others or the government.
Personal Liberty
Interacting values
Legal requirement that the government must respect a person’s legal rights before taking away their life, liberty, or property
Due Process
5th and 14th Amendments
System of interrelated processes
The group with the most members has the most power in a country. The Constitution keeps this in check by also upholding minority rights. The rule that states 51% of a vote must be achieved to win a decision. What am I?
Elections, laws, policies, etc.
Majority Rule
System of interrelated processes
Assured protected rights of a group not part of the majority.
Minority rights
These rights are key to maintaining democracy.
System of interrelated processes
The right to share ideas and opinions without interference, retaliation, or punishment from the government.
Freedom of expression
Freedom of speech
System of interrelated processes
What is a civil right that allows people to gather and express their ideas?
Protests, sit-ins, rallies, strikes, etc.
The right to assemble and protest.
1st Amendment
Interdependent political structures
A system of government that divides power between a central government and regional governments
Federalism
Interdependent political structures
A constitutional law doctrine that divides the government into three branches, each with specific duties and responsibilities, to prevent any one branch from becoming too powerful.
Separation of powers
Interdependent political structures
A set of rules and procedures that allow each branch of government to limit the power of the other branches.
Checks and balances
Interdependent political structures
The first 10 amendments to the United States Constitution, which defines the rights of individuals in relation to the government
Bill of Rights
Having to do with processes and procedures of our democracy.
Procedural Democracy
Having to do with a commitment to the ideals of democracy (ie. more concerned with groups).
Substantive Democracy
Which paper, written by James Madison proposed the concept of checks and balances for our system of government?
The Federalist #51
Series of 85 essays on federalism written by Alexander Hamilton, John Jay, and James Madison that were aimed at facilitating the ratification of the US Constitution.
The Federalist
The branch of government that passes laws:
Legislative Branch - Congress
The branch of government that interprets laws:
Judical Branch - Supreme Court
The branch of government that enforces laws:
Executive branch - Presidency
The Unites States was what type of government before becoming a federalist government?
Confedrate / Confederation
What was the first constitution of the newly independent colonies / states?
The Articles of Confederation
States were dominant governing force.
A constitutional law doctrine that protects citizens from state laws that infringe on their rights. It’s a process that applies certain rights from the Bill of Rights to the states through the 14th Amendment’s Due Process Clause.
Selective incorporation
Not all rights from the Bill of Rights are applied to the states
Constitutionalism
Do we have a living constitution? Why?
Yes. It is being interpreted, amended, enforced, and it has evolved over time.
Constitutionalism
A set of arrangements which places limits on the powers of those who govern.
Constitutionalism
Name four examples of constitutionalism.
Federalism
Separation of Powers
Due Process
Bill of Rights
Constitutionalism
_____ ___ __ divides powers.
_______ ___ ____ grants powers to ensure no branch dominates.
Separation of Powers
Checks and Balances
Dispersion, and restriction of power.
President appoints justices; Senate confirms appointments. Supreme Court can declare laws passed by Congress and the president unconstitutional. Congress enacts laws, president can veto them. All are examples of what?
Checks and Balances
Congress can override presidential vetoes by a ____ vote in both houses.
2/3
Checks and Balances
The House and Senate have absolute veto power over each other. Why?
Because bills must pass each house.
Ratification
How many colonies were required for ratificationof the US Constitution?
9
Government numbers
How many members of congress are there?
Senate = 100, House = 435
535
Electoral College
How many electoral votes are required to elect a president?
270 / More than half of all electors.
Electoral College
How many senators are in each state?
2
Electoral College
How many representatives are in each state?
As many as there are districts.
Electoral College
How is the number of representatives determined by each state?
The number is based on populaton.
Checks and Balances
What are some factors that have or will contribute to the modification of checks and balances?
- Emergence of National Political Parties.
- Expansion of the Electorate
- Establishment of Independent regulatory agencies like the FCC, EPA, etc.
- Changes in technology
- Expansion of Presidential power.
Right to restrict personnel / resources that contradict the constitution
Judicial Review
Power of the court to strike down a law or regulation that conflicts with the Constitution.
Judicial Review
Courts are the guardians of the Constitution
Judicial Review
Marbury v. Madison established what principle?
Judicial Review
First time a law was declared unconstitutional.
An order from one court to a lower court, corporation, or person to do something.
Writ of Mandamus
Is judicial review democratic or anti-democratic?
It can be democratic in that it can help to secure democracy through an objective interpretaion of the law, but it is undemocratic in that interpretation is inherently subjective, and the branch that interprets laws in made up of appointed - not elected - officials. In short, an unelected official’s interpretation doesn’t always align with popular consent.
