The Bill of Rights Flashcards
What is a defining characteristic of American culture?
- the lack of established traditions rooted in a long common history.
- a relatively short history, and few common traditions
- resulted in a strong attachment to the founding (myth) of the country.
Founding documents
- declaration of Independence, 1776
- US Constitution, 1787-89
- Bill of Rights, 1789-91
Three fundamental principal of American political culture
- Independence and self-determination
- Federalism (in favour of small local government)
- Civil liberties (the people must be protected from the government owning the monopoly of the use of force)
The Constitution of the USA
1787-89
- a document wrote to unite the 13 newly independent states
- established a national federal government
- created a system of checks & balances
Why is the political system created by the constitution remarkably stable?
the process of modifying the constitution established in Article V : it is very difficult to propose and ratify amendments
Why does America seem like such a conservatice country compared to France?
- the American political system was designed to be conservative
- the federal structure tends to favour rural conservative states, giving them a disproportional influence in the US Senate and the Electoral College, and therefore disproportionate influence on Supreme Court nominations and Presidential elections.
- federalism also allows relatively small number of very conservative people to pass state laws which are enforced over a large geographic area.
Anti-Federalism, about the movements
- “anti-federalists” (Thomas Jefferson, James Monroe) who preferred the existing Articles of Confederation because it gave individual states more power
- “Federalists” proponents of the new constitution (Alexander Hamilton, and James Madison) wrote a series of texts known as the Federalist Papers to try to convince as many people as possible of the benefits of a stronger federal government created by the US constitution.
> still a debate today
the Bill of Rights
- the first 10 amendments of the US constitution
- proposed as a way of convincing anti-federalists states
The 1st amendment
- freedom of religion (majority of Americans identify as religious)
- freedom of speech, or of the press
The 2nd amendment
- the right of the people to keep and bear arms
The 3rd amendment
- No solider can enter a house without the consent of the owner
The 4rd amendment
If you are not under arrest you cannord be searched or seized
The 5th amendment
- you cannot be judge twice for the same crime
- you can’t be forced to say something incriminating yourself
- only court/jury can decide if you get punished
The 6th amendment
- your rights have to be said outloud
- assisted by a counsel for your defence in court
The 8th amendment
cruel punishment is forbidden