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
The 9th amendment
The enumeration of certain rights, of the constitution is used for the people not against the people&
The 10th amendment
The powers no delegated to the US by the Consitution belong to the states
The role of the SC
has the last word on federal constitutional law