Principles of Democracy Flashcards
describe the Social Contract
-the idea that individuals consent, either
explicitly or implicitly, to form a government to protect their rights in exchange for giving up some freedoms.
-a principle is consent of the governed: a governments legitimacy comes from the permission of the governed.
philosophers:
-Locke: emphasized that if government
fails to protect natural rights, citizens have the right to overthrow them
-Hobbes: believe it was necessary to prevent chaos, advocating for a strong central authority
-Rousseau: highlighted collective good, arguing governments derive legitimacy from the “general will” of the people.
describe Separation of Powers/ Checks and Balances
SoP- divided government into 3 branches to prevent one from become too powerful, ensuring no single branch controls all functions and protects liberty.
CeB- each branch has powers to limit the others, maintaining balance.
**Legislative can override a veto, approve treaties, and impeach officials.
**Executive can veto laws, appoint judges, issue executive orders.
**Judicial can declare laws or executive actions unconstitutional
Philosopher:
Montesquieu- argued for dividing government power to prevent tyranny and power must check power to ensure
define the Rule of Law
-principle that all individuals, including government officials, are subject to the law.
Key principles:
-accountability, transparency, equality, due process
Application:
-Constitution, Bill of Rights, Separation of Powers, Checks and Balances, Due Process, and Federalism
describe Due Process
-the constitutional guarantee that the government must follow fair and established legal procedures before depriving someone of their natural rights.
Substantive: protects individuals from laws or government actions that might interfere with fundamental rights, such as speech, freedom, and marriage
Procedural: guarantees that individuals are provided with fair hearings, adequate notice, and the opportunity to be heard before being charged.
Justice System:
- right to an attorney
- miranda rights are stated
- right to a fair trial
stages are
1. can only arrest and investigate individuals with probable cause
2. defendant has a right to a attorney, fair and public trial, an impartial jury, and to confront witnesses
3. sentence should be proportional to the crime committed
4. have the right to appeal a case,
ensuring protection from wrongful convictions or unfair legal proceedings
describe Equality under the Law
-all individuals, regardless of discrimination, are treated the same by the legal system. No one is above the law and everyone is entitled to the same legal rights and protections
**the law does not guarantee equal outcomes as people have different circumstances, behaviors, and choices
describe Popular Sovereignty
- principle that the power and authority of the government comes from the consent of the people, typically through elections, and can be held accountable through impeachment
**Ensures that laws, policies, and decision reflect the will of the people, while safeguarding rights and freedoms
**power stays in the hands of people through direct or indirect roles, and can’t go to a single individual
describe Natural Rights and Law
Rights- the basic, inalienable right every person has (life, liberty, property/happiness)
Philosopher:
Locke- argued the rights, including property but not happiness. The role of the government is to protect these rights
Law- theory that laws should align with universal moral principles accessible through reason, support the existence of the rights
Philosopher
Aquinas- argued that human laws should reflect natural law, and those contradicting are unjust and should not be followed
describe Federalism
-divides power between national and state government, each with its own responsibilities and powers
**in theory: clear division of powers
**in practice: lots of overlapping which leads to conflict
Powers:
Concurrent (shared)- when federal and state share powers such as taxation, law enforcement, and court establishments.
Enumerated- granted by the constitution for federal governments to regulate interstate commerce, maintain a military, and coin money.
Reserves- powers not explicitly granted to anyone, giving states authority over issues not specifically addressed by the federal
Exclusive- rights given exclusively to the state or federal governments
describe Individual Liberty
-the basic freedoms and rights that every person possesses, ensuring protection from government overreach
Protected in amendments and due process
**public order and safety can sometimes limit individual liberties, but any restriction must be justified and cannot be arbitrary.
describe Republicanism and Representative Democratic Government
Republicanism
- a government where elected officials represent the people and adhere to the rule of law, instead of directly voting on issues.
-originated from roman republic
Democratic
-government in which citizens elect representatives to make decisions on their behalf, ensuring democratic participation without direct decision-making
-originated from ancient greece
**differences: republic is when people elect representatives to make decisions on their behalf, democracy has people
directly participate in the decision-making process.
**why not full democracy?
- feared that it would lead to tyranny of the majority, where the majority’s overrule the rights of individuals or minority groups.
-having a set group of educated people to be in decision-making would lead to stability and order.
-checks and balances would be more powerful
describe Constitutionalism
-government authority is defined and limited by a constitution, ensuring that all governmental actions are consistent with the rule of law
Philosophically;
draws from enlightenment thinkers like Locke, Montesquieu, and Rousseau, who empathized natural rights, separation of powers, and consent of the governed
Practically;
embodied in the Constitution, which outlines the structure of government, limits on government power, and protection of rights, ensuring checks and balances, judicial review, and popular sovereignty
describe Majority Rule and Minority Rights
Majority Rule
-the principle in democracy, the decision of the majority of voters and representatives will prevail, reflecting the collective will of the people
Minority Rights
-ensure that even when the majority rules, the rights of minority groups are protected
Constitutional:
-Constitution seeks to balance it through judicial review and legislation to prevent oppression
Practical:
-tensions arise when majority decisions infringe on minority rights, but constitutional protections, such as court decisions and civil rights laws, are crucial in protecting them.
describe Equal Protection
-Clause of the 14th amendment that guarantees that no state shall deny any person within its jurisdiction the equal protection of the laws.
**prohibits discrimination based on certain characteristics, ensuring equal
treatment under the law
describe the Bill of Rights and the Protections of Civil Rights and Liberties
-initially intended to limit federal power and ensure the protection of individual freedoms
Historical practice:
focused on limiting the federal governments, ensuring individuals freedoms in the context of a new government
Contemporary practice:
reflects an expansive interpretation of those freedoms, applying
them to state governments and adapting them to modern social
and technological contexts.
**supports the idea of the document being a living one
describe elections
Free, fair, and secure;
-ensuring that the will of the people is accurately represented and protected from fraud or undue influence
Federal elections:
President : held every 4 years and the people vote for electors in the electoral college
Congressional: Each state needs 2 senators, with 6 year terms and elections every 2 years. HoR serve 2 years and all 435 seats are up for election every 2 years. Elections are held at the state level.
State level: states have their own laws for elections…
Governor: most states hold elections every 4 years.
Legislators: most states have a bicameral legislature, with members elected to serve similar terms to those in Congress (2 or 4)
