Test 1 (10.08.2020) Flashcards

1
Q

define democracy

A

government by the people; a form of government in which the supreme power is vested in the people and exercised directly by them (majority rules)

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2
Q

define participatory democracy

A

a model of democracy in which citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions–broad direct participation in which most or all citizens participate in politics directly (voting for men, women, minorities, etc.)

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3
Q

define pluralist democracy

A

no one group dominates politics; political power rests with competing interest groups

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4
Q

define elite democracy

A

a model in which only a small number of people (millionaires, billionaires, etc.) influence political decision making

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5
Q

What are the 5 sections of the declaration of independence?

A

Preamble, statement of human rights, charges against human rights, charges against king and parliament (grievances), and statement of separation & signatures

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6
Q

Who wrote the Federalist papers?

A

Alexander Hamilton, James Madison, and John Jay under the name Publius

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7
Q

What was the publication discussed for Hobbes?

A

Leviathan

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8
Q

What was the publication discussed for Locke?

A

Two Treatises of Government

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9
Q

What was Hobbes’s view of natural state of man?

A

Humans are selfish creatures. People will fight against each other to be better.

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10
Q

What was Locke’s view of natural state of man?

A

All men are free. People are rational and capable of operating a society.

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11
Q

What was Hobbes’s view of natural rights?

A

negative - he believed that they needed an absolute monarchy where people gave up their rights and allowed the government to govern them

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12
Q

What was Locke’s view of natural rights?

A

positive - believed that property was the most important, and the government was supposed to protect people’s right to property.

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13
Q

What was Hobbes’s view of social contract?

A

it is among the people and the people decide to surrender all power to the king

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14
Q

What was Locke’s view of social contract?

A

it is between the people and the sovereign – people gave up rights in exchange for protection from the government

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15
Q

What type of government did Hobbes prefer?

A

absolute monarchy headed by a king - all of the power in the hands of one person provides more consistent authority

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16
Q

What type of government did Locke prefer?

A

constitutional monarchy (limited)

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17
Q

Who was Montesquieu?

A

a French judge and philosopher who is known for the theory of separation of powers. He believed in civil liberties – people are only subject to laws established for common good. He was a founding father of comparative law.

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18
Q

What was the name of Montesquieu’s book and what ideas in it influenced the founding fathers?

A

Spirit of Laws – separation of powers

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19
Q

Did Hobbes believe in divine right?

A

No

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20
Q

What is the purpose of the United States Constitution and the Bill of Rights?

A

to limit the power of the federal goverment; it is NOT to give us rights

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21
Q

Article 1 of the Constitution

A

Legislative Branch –Senate and House, all about representation

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22
Q

Article 2 of the Constitution

A

Executive Branch – President enforces the laws

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23
Q

Article 3 of the Constitution

A

Judicial Branch – the supreme court interprets the law

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24
Q

What was the main problem with the Articles of Confederation?

A

having no money and being in debt

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25
Q

What are the 8 Constitutional principles?

A

popular sovereignty, limited government, civil rights & liberties (individual rights), separation of powers, checks & balances, republican form of gov’t (representative), judicial review (limited government), federalism (representation & limited gov’t)

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26
Q

What is popular sovereignty?

A

people are the only source of government (coming from social contract) – power is received from the people

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27
Q

What is the check from legislative to executive?

A

congress approves presidential nominations and controls the budget – it can pass laws over the president’s veto and can impeach or remove the president from office

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28
Q

What is the check from executive to legislative?

A

The president can veto congressional legislation

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29
Q

What is the check from judicial to legislative?

A

The Court can declare laws unconstitutional

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30
Q

What is the check from legislative to judicial?

A

The Senate confirms the president’s nominations. Congress can impeach judges and remove them from office

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31
Q

What is the check from executive to judicial?

A

The president nominates judges

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32
Q

What is the check from judicial to executive?

A

The Court can declare Presidential acts unconstitutional

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33
Q

What are some of the national powers?

A

declaring war, maintaining armed forces, regulating interstate and foreign trade, admit new states, establish post offices, set standard weights and measures, coin money, establish foreign policy, make all laws necessary and proper

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34
Q

What are some powers shared by national and state gov’t?

A

maintain law and order, levy taxes, borrow money, charter banks, establish courts, provide for public welfare

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35
Q

What are some state powers?

A

establish and maintain schools, establish local gov’ts, regulate business within the state, make mortgage loans, provide for public safety, assume other powers not delegated to the national gov’t or prohibited to the states

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36
Q

What is the necessary and proper clause?

A

power is granted to Congress to make all laws that are necessary and proper

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37
Q

What is the supremacy clause?

A

establishes the Constitution as the “supreme law of the land” – federal law supersedes state laws when a conflict exists – also known as the “linchpin clause”

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38
Q

Federalist views

A

in favor of the constittion, the AOC should be abandoned, the power of the states should be curbed by a central gov’t, the Bill of Rights is not necessary, large Republic was best (supported mostly by wealthy)

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39
Q

Antifderalist views

A

against Constitution, AOC should be amended or fixed, states power is highest, lack of Bill of Rights is a threat to liberties, small republic is best (supported mainly by small farmers)

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40
Q

What is the 10th Amendment?

A

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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41
Q

What were the compromises on representation?

A

3/5ths, Great Compromise, Electoral College

42
Q

What are some “reserved powers” from the 10th Amendment?

A

conduct elections, ratify amendments, public health, regulate state commerce, establish local governments, marriage laws, death penalty, child custody, power the constitution does not delegate to the national gov’t

43
Q

What type of democracy did Brutus #1 prefer?

A

participatory

44
Q

What size of republic did Federalist #10 prefer?

A

large

45
Q

What size of republic did Brutus #1 prefer?

A

small

46
Q

What type of democracy did Federalist #10 prefer?

A

pluralist

47
Q

What values of antiquity influenced the founding generation?

A

Small, uniform communities, citizenship and civic virtue, and moral education

48
Q

What is classical republicanism?

A

the devotion of citizens to the common good

49
Q

What is the divine right theory?

A

the idea that monarchs get their power from God and that to rebel against, disobey, or limit them is against the will of God

50
Q

According to natural rights theory, what type of gov’t occurs in the state of nature?

A

no government

51
Q

To what did Hobbes argue that a state of nature would lead?

A

“war of every man against every man.”

52
Q

To maintain order, according to Hobbes, the Leviathan state must largely rule through __.

A

fear

53
Q

Locke argued that in the state of nature all people are…

A

free, equal, and rational (and possess inalienable rights)

54
Q

What is federalism?

A

A system of government in which power is divided between a central government and smaller political units, such as states (division of powers)

55
Q

What is separation of powers?

A

Basic government roles are divided into branches; no one branch is given all the power (executive, legislative, and judicial)

56
Q

What are checks and balances?

A

each branch of government exercises checks, or controls, over the other branches

57
Q

What is limited government?

A

restricting the power of the government

58
Q

What are individual rights?

A

The Bill of Rights/first 10 amendments to the Constitution guarantee certain liberties and privileges for each individual that the government cannot control

59
Q

What does Locke write about in Two Treatises of Government?

A

he rejects the idea of divine rights, supports natural rights, and supports the idea of limited government for the purpose of protecting citizens

60
Q

What did Locke disagree with Hobbes on?

A

unalienable rights and interpretation of social contract

61
Q

What did the Glorious Revolution do?

A

reduced the power of the king and gave most power to the Parliament (Locke sided with Parliament)

62
Q

What are unalienable rights?

A

can’t be taken away or voluntarily given up by individuals, people are naturally born with the right to life, liberty, and property

63
Q

What was Locke’s interpretation of social contract vs Hobbes’s interpretation?

A

Locke believed that social contract was an agreement between the people and the sovereign. Hobbes, however, interpreted it to mean an agreement among just the people, not involving the king.

64
Q

According to Locke, what limited the king’s power?

A

the natural rights of individuals

65
Q

What type of power should the king NOT have according to Locke?

A

absolute

66
Q

What, according to Locke, was the most important right of the people and the most important thing that the government was to protect?

A

property (right to an adequate standard of living, gov’t is to protect our property, and landowners can do whatever they want on their property unless they are violating the rights of others)

67
Q

Locke believed in a ____ government government

A

representative (but only for adult male property owners)

68
Q

Where did Hobbes believe the power of the government should arise?

A

the people to the sovereign, meaning that people surrender to the King, and that’s how the absolute monarchy gets power

69
Q

What were Hobbes’s concerns with the church? Who did he believe the people needed to support if there was conflict between religious and royal law?

A

that the church would meddle with the king’s government and religion could lead to a civil war; people needed to support the king rather than religion

70
Q

What is a faction?

A

a group of people who have a common idea that can become too powerful and begin working against the common good for their own interests

71
Q

What two ways, according to Madison, can you control a faction?

A

The two ways to control a faction is “by destroying the liberty which is essential to its existence” and “by giving to every citizen the same opinions, the same passions, and the same interests.” - Destroy the cause or control the effects. (It’s almost impossible to destroy the cause, so you must control the effects.)

72
Q

What are some causes of faction according to Madison?

A

“the various and unequal distribution of property.” - differences, people do not have what others have

73
Q

What size republic does Madison prefer (as a federalist)? Why?

A

a large republic because it results in better representatives, better security, and more diversity

74
Q

What were the political weaknesses of the AOC?

A

nonrepresentative, no executive power, no national court system, unicameral, needed 9/13 states to pass laws

75
Q

What were the economic weaknesses of the AOC?

A

no power to tax, could not regulate interstate or foreign trade

76
Q

What were the foreign policy weaknesses of the AOC?

A

limited foreign trading partners, British in the NW territory, Native Americans, piracy, Spanish control of the Mississippi

77
Q

Describe the supremacy clause ladder of laws

A

U.S. constitution, federal laws and treaties, state constitutions, state laws, local laws

78
Q

State Laws are called

A

statutes

79
Q

Local Laws are called

A

ordinances

80
Q

Why the linchpin for the supremacy clause?

A

it holds the republic together by providing a principle for the resolution of conflicts between the states and the nation

81
Q

Choose a Weakness - How would this weakness cause states to view the National Government as a failure? What problems did the failure create for the states?
Why would some states not want to remedy or get rid of the A.O.C.?

A

82
Q

Shay’s Rebellion

A

Uprising in response to the money problem and the increased tax and debt collections of the farmers

83
Q

What is a faction?

A

a group of people who have a common idea that can become too powerful and begin working against the common good for their own interests

84
Q

What precedents did the Northwest Ordinance set for the constitution?

A

public education, prohibition of slavery, trial by jury, religious freedom, property rights, writ of habeas corpus

85
Q

Direct vs Indirect democracy

A

indirect democracy is when people take part in government indirectly through elected representatives

86
Q

Senate elections prior to 17th amendment

A

senators were not elected directly; they were elected by state legislatures

87
Q

Lockean theory applied to the declaration of independence.

A

the ideas that the government had a duty to protect the natural rights of life, liberty, and property (Jefferson put pursuit of happiness), and the people have the right to overthrow if the government fails to do so

88
Q

Why did the founding fathers not make US elections more democratic?

A

to protect minorities

89
Q

The Virginia Plan

A

Representation is calculated by population – large state plan (bicameral)

90
Q

The New Jersey Plan

A

Each state had one vote in Congress – small state plan (unicameral)

91
Q

The Connecticut (Great) Compromise

A
House proportional (representation) to population
Senate equal for each state => electoral college
92
Q

3/5ths Compromise

A

three-fifths of the slave population would be counted for determining direct taxation and representation

93
Q

Commerce & Slave Trade Compromise

A

Congress will not touch the issue of slavery for 20 years, will not interfere with slavery imports or product exports, in exchange, Congress will be granted the power to regulate foreign and interstate trade

94
Q

Electoral college

A

Alexander Hamilton is credited with coming up with it – each state gets the number of representatives (districts) plus their 2 senators

95
Q

Constitutional issues on power of National Congress (new congressional powers)

A

supremacy clause, necessary and proper clause, interstate trade (slave trade) – federalists were for all of these while anti-federalists were against

96
Q

How do you control the effects of a faction?

A

It is impossible to prevent differing opinions, but having a large republic with more diversity would make it harder for a majority faction to arise

97
Q

How is POTUS elected?

A

people > electoral college

98
Q

How is the House of Representatives elected?

A

directly, by the people (most democratic election)

99
Q

How is the Senate elected?

A

prior to the 17th, they were elected by state legislatures, now they are directly elected by the people

100
Q

How is SCOTUS elected?

A

people > electoral college > POTUS (makes a nomination) > senate (confirms nomination)
(least democratic)