Semester I Final Flashcards
What is government?
The institution through which society makes and enforces its public policies.
What is the government’s purpose/role?
“to improve the lives of its citizens.”
“protects the rights of its citizens”
Where does the power of the government come from?
- God
- Force
- People
What are the 5 forms of government?
- Anarchy: no government
- Dictatorship/Monarchy: power rests on one person/state
- Oligarchy: rule by a small group
- Democracy: rule by people/majority
- Republic: rule by the law
The government is given 3 kinds of power. What are they?
- Legislative power: make law (congress)
- Executive power: enforce laws (president)
- Judicial: interpret laws (Supreme Court)
What is the dominant political unit in the world?
The State (more commonly referred to as a country or nation)
What are the 4 characteristics of a state?
- Population: (people)
- Territory/Border: (land)
- Sovereignty: (supreme power)
- Central government: (politically organized)
What are the 4 Origins of State?
• Force Theory: the state was born out of force
• Evolutionary Theory: state came out of the family (stages of development) Family then Clan then Tribe then State
• Divine Right Theory: God has a certain group a right to rule
• Social Contract Theory: Free people gave the state as much power as needed to promote
the safety and well-being of all
Recite the Preamble to the Constitution
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
What are the classifications of government? Explain.
Democracy- all can participate
Dictatorship- select few can participate
What are the two types of democracy and dictatorship?
- Direct democracy (themselves)
- Indirect democracy (through their representatives)
- Autocracy: single person holds the power
- Oligarchy: ruled by a small group
What is unitary?
The power lies in the hands of a single central agency (e.g. Great Britain)
What is federal?
The power is shared equally by the central and the local agencies (e.g. USA)
What is confederate?
The power is given to the local agencies only (e.g. Confederate States of
America/ Articles of Confederation)
What is the relationship between the Legislative and Executive Branches: (2 forms)
• Presidential: legislative/executive are independent and co-equal
• Parliamentary: executive (Prime Minister) is chosen and controlled by the
legislative branch
What are 5 basic Concepts/Elements of a Democratic Government?
• Equality of all Persons: A) Equality of opportunity B) Equality before the law
• Worth of the Individual: We are separate and distinct beings!
• Majority Rule, Minority Rights: The minority can become the majority! The
minority has rights!
• Necessity of Compromise: There are two sides to everything!
• Individual Freedom: We have rights but they are not complete!
What is a citizen? What are its duties and responsibilities?
- One who holds certain rights and responsibilities within a State
- Duties of a Citizen: (required)
- Obey Laws
- Go To School
- Pay Taxes
- Responsibilities: (strongly encouraged)
- Vote
- Community Volunteering
- Running for Office
American economic system is based on 5 fundamental ideas. What are they?
- Private Ownership
- Individual Initiative
- Profit
- Competition
- Supply and Demand
What is the “supreme law of the land?”
The Constitution
What is the Constitution’s greatest strength?
Its flexibility
The Constitution is made up of 3 parts. Explain what each is.
Introduction - Preamble • Articles (7) - chapters • I - Creates the legislative branch • II - Creates the executive branch • III - Creates the judicial branch • IV - Relations among states • V - Amending the Constitution • VI - Supremacy of national law • VII - Ratifying the Constitution • 27 Formal Amendments
The Constitution is built around 6 basic principles. What are they?
• 1. Popular Sovereignty - people who are the source of its power - “We the people…”
• 2. Limited Government - the government is not all-powerful
• Rule of Law: the government is subject to and never above the law
• 3. Separation of Powers - 3 branches share power
• 4. Checks and Balances - each branch is subject to restraints of the other 2 (know one of
each check and balance from the chart)
• 5. Judicial Review - the power of the courts to determine whether what the government is doing
is according to the Constitution
• Established Marbury vs Madison
• 6. Federalism - a division of power between the national and state governments
What are the 2 processes of a constitutional change? Explain.
Formal Amendment- change in the written wording of the constitution (permanent)
Informal Amendments- a day to day changes made over time (not written) (temporary)
“Flesh and Bones” of the Constitution are?
The informal amendments
“Soul of the Constitution”
Bill of Rights
Who wrote the Bill of Rights?
James Madison
What are the 2 ways to change the formal amendments?
- Always proposed on the national level (2/3)
* Always ratified on the state level (3/4)
1st Amendment
(Protects 5 Rights) • Freedom of religion • Freedom of speech • Freedom of the press • Freedom of assembly • Freedom of petition
2nd Amendment
(Right to Bear Arms) • Restrictions: • Must have a license • Federal background check • Must have a permit for a concealed weapon • Limits on automatic assault weapons
3rd Amendment
(Quartering of Troops)
• No soldiers can be housed in your home!
4th Amendment
(Search and Seizure)
• Must have a warrant - and show “probable cause” (a reasonable belief that a person has committed a crime)
5th Amendment
(Criminal Proceedings and Eminent Domain)
• 1. The right to a “grand jury” (25)
• Decides if there is enough evidence to bring you to trial
• 2. Protects the accused against “double jeopardy” (can’t be charged twice for the same
crime)
• 3. Protects against self-incrimination
• 4. Due Process: The government must respect all legal rights of its citizens
• 5. The right of a government or its agent to expropriate (take) private property for public
use, with payment of compensation
6th Amendment
(Criminal Proceedings)
• 1. Right to a speedy, public trial
• 2. Right to an impartial, petite jury (12) - decides guilt or innocence
• 3. The accused must be informed of the crime and read their rights (Miranda rights)
• 4. Right to witnesses
• 5. Right to an attorney (lawyer)
7th Amendment
(Civil Cases Right to Trial)
• Right to a jury in any dispute over $20
• Bench Trial: When you wave the right to a jury and let a judge make the ruling
• Civil Case: a dispute between two or more parties involving money. (Law suits)
• Criminal Case: a case in which a person is accused of committing a crime
8th Amendment
(Punishment of Crimes)
• Protects against “cruel and unusual” punishment
• Establish Bail: a sum of money posted to guarantee you will appear for your court date
9th Amendment
(The Enumerated Rights)
• It says that all the rights not listed in the Constitution belong to the people, not the
government. In other words, the rights of the people are not limited to just the rights listed
in the Constitution. (Privacy, traveling, voting, etc.)
10th Amendment
(Powers Reserved for the States)
• Says that any power or right not specifically listed in the Constitution as belonging to the
federal government belongs to individual states or the American people themselves.
11th Amendment
(Immunity of States to Certain Law Suits)
• US Courts cannot hear cases and make decisions against a state if it is sued by a citizen who
lives in another state or a person who lives in another country
12th-27th Amendments
• 12th Amendment: (Changes in how President/Vice President are Chosen)
• 13th Amendment: (Abolished Slavery)
• 14th Amendment: (Every Person Born in the USA is a US Citizen (Introduced “Equality Under the Law”))
• 15th Amendment: (No Denial of the Right to Vote - gave the right to vote to African
Americans)
• 13th, 14th, 15th - Civil War Amendments
• 16th Amendment: (Federal Income Tax)
• 17th Amendment: (Popular (people) election of Senators)
• 18th Amendment: (Prohibition of Alcohol - “noble experiment”)
• 19th Amendment: (Women’s Suffrage (right to vote))
• 20th Amendment: (Date changes in congressional and presidential terms (from March to January))
• 21st Amendment: (Repeal of Prohibition (the only amendment repealed))
• 22nd Amendment: (Presidential Term Limit (2))
• 23rd Amendment: (D.C. gets votes in the Electoral College)
• 24th Amendment: (Ban on poll taxes)
• 25th Amendment: (Presidential Succession and Disability)
• 26th Amendment: (18-Year-Olds Voting Rights)
• 27th Amendment: (Congressional Pay Change (proposed by Madison in 1789!))
What are the 5 basic ways to bring about informal amendments?
- Basic Legislation: Laws passed by Congress
- Executive Action: Powers granted to the President (executive agreements)
- Courts Decisions: The nation’s courts determine the constitutionality of cases
- Party Practice: Ideas brought forth by the political parties
- Custom: Unwritten traditions
What are the 3 basic concepts of Government and where did it originate?
It originated from the British
• 1. Ordered Government: (orderly structure)
• 2. Limited Government: (the government is not all-powerful)
• 3. Representative Government: (government should serve the will of the people)
What are 3 important documents that led to American Freedom?
- Magna Carta: (1215) signed by King John - established the principle that the monarchy was not absolute. The Magna Carta was the cornerstone of the United States Constitution
- Petition of Rights: (1628) signed by Charles I - established the idea that even the monarch must obey the law
- English Bill of Rights: (1688) signed by William and Mary - established the idea that the people had certain natural rights (free speech, religion, fair trial, etc.)
What are the 3 types of Colonial Government?
- Royal: (direct control of the crown) - (8 colonies)
- Proprietary: (direct control of the proprietary) - (3 colonies)
- Charter: (direct control of the people) - (2 colonies)
What type of colony was restrictive and what type was least restrictive?
- Royal Colonies were the most restrictive
* Charter Colonies were the least restrictive
There were 3 attempts to unite the colonies which eventually led to the revolution. What were they?
• 1. Albany Plan of Union- 1754- Attempt to address colonial trade and unite during the
French and Indian War- Failed- Colonies were not ready to give up self-rule
• 2. Second Continental Congress- 1775-
• First time all colonies united!
• *1st national government during the war for independence
• 3. Declaration of Independence- 1776- United to form our new nation!
What was the “First Constitution of the USA” and who wrote the first (1) and final (2) draft?
Articles of Confederation
Benjamin Franklin wrote the first draft
John Dickinson wrote the final draft
How were the Articles of Confederation designed?
They were designed to have a weak central government and a strong state government
What were the 5 weaknesses of the Articles of Confederation?
- No power to tax
- No power to regulate trade
- No power to enforce laws
- No executive or judicial branches
- Amendments (changes to the articles) only with the consent of all 13 states
What was Shay’s Rebellion?
A revolt against land/home foreclosure that led to violence
Why were the Articles of Confederation a failure?
The central government had too little power
Whose idea was it to create a new constitution?
James Madison
Who were the “framers?” How many were there?
A group of 55 delegates sent to Philadelphia that framed the new Constitution.
Who was not present in Philadelphia?
- Patrick Henry- “smelt a rat”
* John Adams and Thomas Jefferson- diplomats in Europe
What were the 6 features of the Virginia Plan and who created it?
James Madison created it • 1. Three Branches • 2. Bicameral- Legislature • 3. Representation based on population or the amount of money you give to the government • 4. Executive Branch- (1 President) • 5. Judicial Branch- (1 Supreme Court) • 6. Greatly increased powers for the central government (tax, regulate trade, etc.) UNITARY!!
What were the 5 features of the New Jersey Plan and who created it?
William Patterson created it
• 1. Three Branches
• 2. Unicameral- Legislature- representation - equal- one vote per state
• 3. Executive- (3 Presidents)
• 4. Judicial- Supreme Court + State Courts
• 5. Limited Powers to the central government/shared with the states- FEDERAL!!!
What was the key issue in the creation of the new constitution?
Representation in the Legislative Branch
“Great Compromise” or Connecticut Compromise
Bicameral Legislature with representation based on population in the lower house and equal representation in the upper house (compromise)
Three-Fifths Compromise
- Slaves would be counted as three-fifths of a person
* 2. South must pay three-fifths of a head tax
The Commerce and Slave Trade Compromise
- Congress was forbidden from taxing exports
* 2. Congress could not regulate the slave trade for 20 years
What were the sources of the Constitution?
- Greece
- Rome
- Great Britain
- Judeo-Christian
Ratify
The official approval of the states
What were the two opposing sides of the new Constitution?
- Federalists- in favor of the new Constitution
* 2. Anti-Federalists- opposed to the Consitution (aka Democratic-Republicans)
Who were the Federalists led by? What was the Federalist’s main argument for the Constitution?
James Madison and Alexander Hamilton
The central government was TOO WEAK!
Who were the Anti-Federalists led by? What was the Anti-Federalist’s main argument for the Constitution?
Patrick Henry
• 1. It gave too much power to the federal government
• 2. No Bill of Rights (rights of the people)
The first and last state to ratify the new Constitution were?
Delaware- first
Rhode Island- last
George Washington was the 1st president of the US and was the only president to what? Who was the first VP?
• 1. Be elected unanimously
• 2. Run unopposed
• 3. Not belong to a political party
John Adams- 1st VP
What is Federalism? What is its major strength?
A “division of power” between the national and state governments
Allows for local action for local concerns and national action for national
concerns
What are the “subunits” of the state governments?
Local governments
What are the 4 types of powers?
- Delegated Powers: powers granted to the national government by the Constitution
- Exclusive Powers: Powers given exclusively to the Federal Government but not the states (reserved for the federal government)
- Reserved Powers: Powers not given to the National Government and not denied to the states (reserved for the state government)
- Concurrent Powers: powers that the States and National Government share (reserved for both the federal and state governments)
What are the 3 types of Delegated Powers?
• 1. Expressed: spelled out in words in the Constitution
• 27 Powers
• 2. Implied: powers suggested but not state in the Constitution- “necessary and
proper clause” or “Elastic Clause”
• There are thousands of these
• 3. Inherent: powers are given to the national government because it is a government of a sovereign state- (inherited)
• Few in number
What is the “Supremacy Clause?”
A way to resolve conflicts between the two levels of government by setting up a “ladder of laws” • 1. United States Constitution • 2. Acts of Congress/National Laws • 3. State Constitutions • 4. State Laws • 5. City/Country Laws (local)
What is the “umpire” to the Supremacy Clause?
The Supreme Court (makes rulings and final decisions)
What are the 4 National Government’s obligations to the States based on Article IV?
• 1. Guarantee states a republican form of government: (representative)
• 2. Protect states against foreign invasion and domestic violence: (attack from other
countries/terrorism, and riots at home and natural disasters)
• 3. Respect territorial integrity of states: (recognize states boundaries)
• 4. Admitting New States: (congress has this power)
What are the 5 steps of becoming a state?
- Territory asks for admission- Congress
- Enabling Act passed- Congress gives the territory permission to set up a state constitution
- Popular Vote- People vote
- Act of Admission- Congress agrees to grant statehood
- President signs into law
What are the 2 types of Federalism?
• Dual Federalism: (original) government power was strictly divided by the
states and national government - National government was small!
• Cooperative Federalism: (current) established social programs to assist states with regulation - National government became very large
What are 4 ways the Federal Government helps the states? Explain.
- Federal Grants-in-Aid
- FBI assists State and Local Police
- Trains the National Guard for the States
- Takes a Census for the States
What are the 3 types of Federal Grants?
- Categorical Grants: used for specific purpose/programs such as college tuition,
school lunch, water treatment, etc. - Block Grants: used for large broad programs such as welfare and Medic-care/aid
- Project Grants: used for projects such as medical research (cancer/aids)- given to
private and government agencies
What are the 3 ways the States assist the Federal government?
- State and Local police assist the FBI
- States run the naturalization immigrant program
- States run all national elections
What are 4 Interstate Relations? Explain.
- Interstate Compacts- Agreements among 2 or more states/foreign states
- Full Faith and Credit- States must recognize the validity of records, documents, civil courts decisions in
other states - Extradition- The legal process by which a fugitive from justice in one state is returned by another
state (purpose: prevent fugitive from escaping justice) - Privileges and Immunities- States cannot draw unreasonable distinctions (discrimination) between their own
residents and residents of other states
What are the 2 types of Interstate Compacts?
- Compacts for the Supervision of Parolees and Probationers
2. Compact on Juvenile Delinquents
