Section 1 Flashcards
natural rights
the right to life, liberty, and property; believed to be given by God; no government may take away
state of nature
a theory on how people might have lived before societies came into existence
due process
the requirement that government, when dealing with people, has in place a fair procedure that it applies equally to all
social contract
a powerful, foundational agreement between people and their government in which citizens consent to be governed so long as the government protects their natural rights
direct democracy
a form of democracy where people participate personally in making government decisions instead of choosing representatives to do it for them
Declaration of Independence
the original document, authored principally by Thomas Jefferson, that “birthed” the United States and started the Revolutionary War. It lists important natural rights and grievances against the King of England, as well as declaring independence.
Bill of Rights
collectively, the first ten amendments to the U.S. Constitution, ratified in 1791; they list citizens’ civil liberties and civil rights.
bicameral legislature
a lawmaking body in the legislative branch that consists of two separate chambers or two separately elected groups of officials, such as Senators and Representatives, like the Virginia Plan. Bi-, meaning “two,” and camera, meaning “chamber,” are from Latin.
John Locke
a prominent Enlightenment thinker. he had important ideas about the relationship between government and natural rights. In 1689, he published Two Treatises of Government.
Locke identified two key aspects to our existence:
The first is liberty, which is a product of our independence. The second is property, which we use to maintain that independence.
Montesquieu also advocates for
due process. Due process makes the gap in power between the two fairer. It ensures a general sense of political equality.
Adam Smith was
a Scottish economist and philosopher. He published The Wealth of Nations in 1776. he advocates for minimal government regulation of the economic marketplace.
Thomas Hobbes
(1588–1679) seeks out physical security. we need someone to impose order; preferably an absolute monarch. Yes, life under such a monarch might be brutal, but it is better than being dead.
Leviathan
Hobbes published in 1651. argues that society is not something natural; it is something we created. We created it to resolve problems we all face and to improve our lives.
The Tea Party
movement came about in 2009 and is still present. It is a reaction by conservative elements in U.S. politics over a perceived liberalization of the social contract. These people have come out against an intrusive government and the degradation of moral standards.
Occupy Wall Street
This movement seeks to redress the inequalities in today’s society. These inequalities deny minority groups, such as LGBTQ+ persons, their constitutional rights.
describe the Enlightenment
A time that redefined human existence by being more compatible with human individuality and liberty
John Locke’s view of the state of nature
The state of nature was peaceful and consisted of rational human beings
In what way is the state of nature important for constructing a social contract?
The state of nature gives definition to what it means to be human.
The state of nature gives definition to natural rights.
Which statements are true about natural rights?
They let you do what you need to survive and be secure.
They impart an equality of being among all people.
What is the purpose of a social contract?
To acknowledge and protect natural rights
According to the social contract theory, what is the origin of society?
Society is the product of human desire and effort.
Which statement describes characteristics of a social contract?
A definition of human nature
A specification of natural rights
A collective expression of a collectively shared interest
Which ideas are embodied in the Declaration of Independence?
The natural rights of life, liberty, and pursuit of happiness
The idea that governments are created by people to protect their natural rights
Which natural right was explicitly protected in the Declaration of Independence?
Liberty
Which Constitutional mechanism, suggested by Montesquieu, balances the national government and allows each branch of government to limit the exercise of power over the other two branches?
Checks and balances
Which Constitutional principle, suggested by Montesquieu, lessens the potential harm of the national government over the people?
Separation of powers
Which type of rights are contained in the Bill of Rights?
The Bill of Rights contains natural rights.
The Bill of Rights contains procedural rights.
Why does the Enlightenment influence American politics and government?
Those immigrating to the American colonies are attracted to the Enlightenment’s ideas of liberty and property.
The colonists have a long history of self-government, consistent with the Enlightenment’s ideas about government by consent.
Ideas of the Enlightenment frame the colonists’ response to British violations of natural rights.
How do conflicting ideas of the Enlightenment influence American government and politics?
The Constitution sets up a system of government that is not favorable to the democratic expression of the popular will.
The protection of private property can interfere with the government’s dealing with important social needs.
Which statements are true concerning the state of nature?
Permits a philosophical definition of human nature
Is a thought experiment upon which a definition of proper society and government are built
What is it called when people make an agreement between themselves and the government?
A social contract
Which of the following protects Locke’s idea of natural rights and provides Montesquieu’s protections known as due process of law?
The Bill of Rights
political ideologies
a coherent philosophy about the structure, power, and purpose of government. American political ideologies include progressive, liberal, moderate, independent, conservative, and libertarian.
Articles of Confederation
the first attempt at organizing the government of the United States, consisting of a unicameral (one-chamber) Congress. It did not permit Congress to tax, regulate foreign or interstate commerce, or enforce its laws. The Articles of Confederation failed as it formed an alliance of sovereign state governments with too weak a national government.
Why was limiting the powers of the national government under the Articles of Confederation a major concern?
It maintained the sovereignty of state governments
Which system of government allows states to retain most of their power and authority while delegating few defined powers to the national government?
A confederation
How did creating a Republican form of government in the United States ease the fears of the national government becoming too powerful?
A Republican government rested political power in the hands of the people.
The national government could (according to articles of confederation)
make the currency of the United States, declare war as it deemed appropriate with other nations, enter into treaties or agreements with other nations, negotiate and regulate trade with the Native Americans, and had the authority to settle all boundary disputes that arose between the states.
How is the unicameral congress different from a bicameral congress?
A unicameral congress has one chamber while a bicameral congress has two.
How did creating a Republican form of government in the United States ease the fears of the national government becoming too powerful?
A Republican government rested political power in the hands of the people.
Why did the Articles of Confederation provide for such a weak national government?
The colonists or citizens of the United States were afraid of a strong central government.
Even though the national government had the power to declare war under the Articles of Confederation, why was the power limited and ultimately ineffective?
There was no national army so the national government had to rely on the individual states to allow their soldiers to participate.
Why did the United States have currency problems under the Articles of Confederation?
The new government had to rely on states to provide funds for backing a currency and paying back loans.
Why was the inability to regulate trade among the states a weakness of the national government under the Articles of Confederation?
It allowed the states to make their own agreements with countries without the national government knowing.
Why did the Articles of Confederation fail?
The Articles gave the states too much authority.
The Articles limited the powers of the national government too much, making it weak and ineffective.
What was one reason why it was necessary to replace the Articles of Confederation?
The United States lacked the military forces to defend the new country.
What was the basis of representation in Congress under the Articles of Confederation?
Each state had one vote in the Congress.
Which powers did the national government have under the Articles of Confederation?
The power to declare war
The power to borrow and coin money
The power to settle disputes among different states
What was a major weakness of the Articles of Confederation?
Congress could not enlist men for a national army.
Why was the national government given power to regulate trade with the Native Americans under the Articles of Confederation?
Because Native Americans were not considered citizens of the United States and were treated as foreign nations
popular vote
the outcome of a democratic election in which all qualified voters are eligible to participate and the winner is the person who receives the largest number of individual votes
Virginia Plan
a plan proposed by the representatives of Virginia (including James Madison) at the Constitutional Convention for a two-house (bicameral) legislature, wherein the number of a state’s representatives in each chamber would be based on the state’s population
New Jersey Plan
a plan proposed by the representatives of New Jersey (including William Patterson) at the Constitutional Convention that called for a one-house national legislature in which each state would have one vote
Great Compromise
also known as the Connecticut Compromise (for its author Roger Sherman of New Haven), this was a 1787 agreement that created a bicameral legislature in the new U.S. Constitution, with representation based on population in the House of Representatives and equal representation of states in the Senate.
Three-Fifths Compromise
During the creation of the U.S. Constitution, an agreement made between Northern and Southern states that called for counting of all a state’s free population and 60 percent of its enslaved population for the twin purposes of federal taxation and representation in Congress
veto
the power of a president to reject a law passed by Congress. Veto is a Latin term meaning “I forbid.”
checks and balances
constitutional powers that allow each branch of government to limit the exercise of power of the other two branches or approve their actions. This system requires different parts of the government to work together and find agreement in order to accomplish new official actions.
separation of powers
the division of a government’s powers among three separate branches of government, managed by different groups of people. In the United States, the three branches of government are legislative, executive, and judicial.
federal system
a form of government in which power is divided between state governments (subnational) and a national government (central).
enumerated powers
powers given explicitly to the federal government by the Constitution in Article I, Section 8. The enumerated powers include: regulating interstate and foreign commerce, raising and supporting armies, declaring war, coining money, and conducting foreign affairs.
reserved powers
any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government as outlined in the Tenth Amendment
New Jersey Plan:
Small states plan, Unicameral, Executive appointment, power to the states and equal representation
Virginia Plan:
Large states plan, Bicameral, Power from the people, proportional representation
During the Constitutional Convention, how did the Virginia Plan differ from the New Jersey Plan?
The Virginia Plan wanted a legislature in which states received representation in proportion to the size of their population, while the New Jersey plan wanted a legislature that gave each state equal representation, regardless of the size of its population.
What are three characteristics of the New Jersey Plan?
A unicameral legislature
Smaller states would be given the same amount of power as larger states in the national legislature.
A legislature that gave each state one vote regardless of the size of their population
What are three characteristics of the Virginia Plan?
Bicameral Legislature
Representation is state based.
Role of the national government: can legislate for states and veto state law.
To reinforce the representational differences in the national bicameral legislature, the Great Compromise required that
Members of the House of Representatives be selected by the voters and members of the Senate be selected by the state legislatures
The most important structural outcome of the Great Compromise was
The creation of a bicameral national legislature, with each chamber representing a different type of political actor
The Three-Fifths Compromise worked to
Increase the representation of Southern states in the House of Representatives
Which effect did the Fugitive Slave Clause (Clause 3, Article IV of the Constitution) have?
It allowed enslavers to reclaim their enslaved people even if they fled to other states.
Marbury v. Madison
in the 1803 case the U.S. Supreme Court established its own authority to rule on the constitutionality of laws. This was a process called judicial review.
As a “check” on the power of Congress to pass laws, the president was given the power to
Veto legislation
As a “check” on the power of the Supreme Court, Congress has the power to
Increase the number of justices on the Supreme Court
Enumerated powers of the federal government:
manage interstate and foreign trade, raise armies and declare war, coin money and impose taxes, make treaties with foreign nations and Native American tribes, and make laws regulating the naturalization of immigrants.
reserved state powers:
pass laws regarding intrastate commerce (trade within its borders) and marriage. Some powers apply to both the state and federal governments.
Which is not an accurate example of checks and balances in the national government?
Congress has the power to declare laws and actions by the executive branch as unconstitutional.
Which debate did the Great Compromise settle so the Constitutional Convention could continue?
The Great Compromise settled the debate between the large states and small states over state representation in the legislative branch.
What did the Great Compromise seek to balance?
The ideological differences over representation of the people or of the states
Under the terms of the original Constitution, what would happen to an enslaved person who escaped and fled to another state?
Runaway enslaved people could be reclaimed by their owners and taken back.
Which concern did a separation of powers address during the Constitutional Convention?
The concern was that increasing the power of the national government would allow it to become too powerful.
Several mechanisms were put into place to satisfy the fears of those who felt that if the Constitution gave the national government more power, it would be able to abuse its power and the rights of the people. What are those mechanisms?
Separation of powers, checks and balances, and the veto.
ratification
the action of signing or otherwise officially approving a treaty, contract, or agreement, making it legally valid
republic
a system of government in which political power is held by the people through their ability to elect representatives who make laws on their behalf
habeus corpus
meaning, in Latin, “show me the body,” this is the right for a jailed citizen to appear before a judge to hear criminal charges. Habeus corpus prohibits imprisoning people without due process of law.
The Federalist Papers
a series of 85 essays written and published by several of the Founders—Alexander Hamilton, James Madison, and John Jay—in 1787–88, in favor of ratifying the newly written U.S. Constitution.
Why did the Federalists want to make the national government as strong as possible?
To provide more protection for the United States against potential threats
To build and maintain a strong economy
Why did the Anti-Federalists want the government to remain closer to the people?
To prevent the possibility of government tyranny
To keep the wealthy elites from having complete power
Article VII
the final article of the Constitution. It said that 9 out of 13 states had to ratify the Constitution for it to become the law.
As a compromise to win support for ratification of the Constitution from the Anti-Federalists, the Federalists agreed to
Add a bill of rights to the Constitution
Federalist No. 51
Power would be divided between the national and state governments, and the federal government would have its power divided into separate branches.
Federalist No. 35
Hamilton argued that people’s interests could be represented by men who were not their neighbors.
Federalist No. 2
union had been the goal of Americans since the Revolution.
Which of the following arguments would be more likely to be advanced by an Anti-Federalist?
In small republics, similarities among members of the community lead them to similar issue positions, making it easier for elected officials to represent the views of their constituents.
Federalist No. 10
He pointed out how big the republic was and how diverse the people’s interests were. He said because of this, it would not allow the development of large, powerful political parties.
Federalist No. 68
He provided assurance that placing the leadership of the country in the hands of one person was not dangerous. Electors from each state would select the president.
Federalist No. 70
easier to control one person than it was to control many. Making decisions alone, the president could decide what actions should be taken faster than Congress could.
Which of the following groups would have been least likely to support ratification of the Constitution?
Small farmers and planters
Which is a reason James Madison found it necessary to write Federalist No. 10?
To inform the states that factions could be contained by a representative government
To get more states to support ratification of the Constitution
To address the fears of the Anti-Federalists who were suspicious of a government run by elites
Which Constitutional change was not advocated by the Federalists?
The addition of the Bill of Rights
What was the name of the series of essays published beginning in 1787 that argued in support of a strong federal government and the ratification of the Constitution?
The Federalist Papers
Which of these beliefs would have been least likely to be held by a Federalist at the time the Constitution was being developed?
A belief that the Constitution should not be ratified
Which of these options helped the Federalists gain more support for their theories of a representative government with increased national powers?
The Federalist Papers
Which constitutional mechanism discussed in Federalist No. 51 discusses the powers that each branches of government has to impact how the other branches of government operate?
Checks and balances
impeachment
a process for removing government officials suspected of “high crimes and misdemeanors,” including judges and the president; impeachment requires a majority vote in the House of Representatives on articles of impeachment and then the support of two-thirds of the Senate for conviction and removal
executive order
a written direction to a government agency issued by a president, usually in the absence of congressional action, to pursue a particular course of action. Generally, such an order modifies an existing law or the interpretation of it, and can be subject to challenge through the courts.
bill of attainder
an act of a legislature, such as Congress, declaring a person guilty of a crime and levying a punishment, without a trial. The U.S. Constitution prohibits Congress from passing any bills of attainder.
Which area of trade does Congress control?
Congress controls all international and interstate trade.
Which check limits the power of congressional law-making?
he president’s power to veto is a limitation to congressional law-making.
Which power is a check on the executive branch?
The ability to override a presidential veto
Article I of the Constitution focused on:
Congress
Article II of the constitution focuses on:
The executive branch
Which power or role is associated with the executive branch?
Power to pardon
Power to carry out the laws of the land
Power to be commander-in-chief of the armed forces
Which entity has the power to execute laws passed by Congress?
The president and officials in the executive branch are in charge of executing the laws passed by Congress.
Who decides how the government budgets and spends money?
It is approved by both Congress and the president.
Which of these powers does the president hold?
The power to grant pardons
Article III of the Constitution focuses on:
The supreme Court
What does the power of judicial review permit the courts to do?
Determine the constitutionality of a Congressional Act
Why did the Founders provide so little detail for the judiciary?
They provided little detail for the judiciary because they understood the role of courts and the judicial system from the English system and the colonial period.
How long is the term for federal judges?
Judges serve during times of good behavior.
What is a key role of supreme courts in a federal system?
A key role of supreme courts is to resolve disputes between the national government and the state governments.
Which statement is true of unitary and federal systems?
The state and national governments can tax individuals.
Which statement about federal and unitary systems is most accurate?
In a federal system, powers are divided between states and national governments. In a unitary system, all power is held within the national government.
Defense of Marriage Act (DOMA) in 1996
declared that “No state (or other political subdivision within the United States) need recognize a marriage between persons of the same sex, even if the marriage were concluded or recognized in another state.”
United States v. Wrightwood Dairy Co.
the Court enabled the federal government to regulate commercial activities that occurred within states.
Article IV, Section 1, referred to as the Full Faith and Credit Clause, or the Comity Clause
requires the states to accept court decisions, public acts, and contracts of other states. So, an adoption certificate or driver’s license issued in one state is valid in any other state.
Baehr v. Lewin
took place in 1993. In this case, the Hawaii Supreme Court asserted that the state’s ban on same-sex marriage was unconstitutional.
United States v. Windsor
struck down the part of DOMA that outlawed federal benefits.
Obergefell v. Hodges
- the Supreme Court identified a constitutional right to marriage based on the Fourteenth Amendment. The Privileges and Immunities Clause of Article IV asserts that states cannot discriminate against out-of-staters by denying them such guarantees as court access. It also cannot deny them legal protection, property rights, and travel rights.
Why did the Founders develop the system of checks and balances?
The Founders feared a government that would be too strong.
On which branch of government does the Constitution provide the most detail as it relates to powers?
Congress
What is a federal system?
It is a division of power between national government and state governments where both levels have specific powers.
Which statement characterizes a unitary system of government?
The central government controls the allocation of funds spent at the local level.
In a unitary system, the central government controls virtually all spending directly or by how it delegates spending power to the local level.
Federalist systems work best in countries that are large and diverse.
Which concept is an Enlightenment idea that influenced the leaders of the American Revolution?
Social contract
How does the Bill of Rights reflect the influence of Enlightenment ideas on the Constitution?
The Bill of Rights explicitly listed individual freedoms.
What describes the general structure of the U.S. government under the Articles of Confederation?
It was an alliance of independent states under a limited central government
What was a major problem with the Articles of Confederation?
The national government did not have the power to impose taxes.
What describes Article IV, Section 2, Clause 3 in the Constitution, otherwise known as the Fugitive Slave Clause?
Enslavers could reclaim their enslaved people in states where they had fled.
Which major compromise regarding apportionment was made at the Constitutional Convention?
The proportional representation of enslaved people
What describes the opposing views in the debates between the Federalists and Anti-Federalists?
Federalists favored a strong central government while the Anti-Federalists favored strong state governments.
What is an argument outlined in Federalist No. 10?
The diverse interests of the people would prevent the development of powerful interests.
How do the branches of government operate under the concept of checks and balances?
The branches of government must cooperate to function, and each branch can restrict the others branches’ powers.
