Unit 1 Flashcards
What did John Locke believe the purpose of government was?
Believed that the purpose of the government is to protect the laws of nature and natural rights
What are the three main rights John Locke believes everyone should have
Life, liberty, and property
What did John Locke believe people could do if the government doesn’t protect the peoples rights?
If a government failed to protect these rights, people were justified in rebelling and changing that government.
What does John Locke believe that a “Legitimate Government” requires?
the consent of the governed, people to like the government
What kind of Government did Montesquieu want?
A government divided into branches with shared powers, a mixed constitution in government between legislative, executive, and judicial
What was the Natural Rights Philosophy?
Everyone has the right to life, liberty, and ownership of property and citizens have the right to overthrow the government when their “natural rights” are violated
Who created the natural rights philosophy?
John Locke
What is the idea of Popular Sovereignty?
Governments get their power from the people.
Who created the idea of Popular Sovereignty/Social Contract Theory?
Jean-Jacques Rousseau
What was the idea of Limited Government?
The concept that a government’s power was not absolute
What was the Magna Carta and what did it do?
The Magna Carta established a permanent guarantee of limited government and protected people form unjust punishment by the government and from the charging of taxes without popular consent.
What is judicial review?
The power of the judiciary to interpret the Constitution and overturn laws passed by Congress
What were the separation of powers?
Each branch of government has separate and distinct powers
Who created separation of powers?
Montesquieu
What 4 things did Voltaire believe?
Reform in society is needed to fix social condition, Man should not be persecuted because of religious beliefs, and all men should be treated as equals and should have freedom of speech and freedom of the press, separation of church and state
What is the significance of the Declaration of Independence
Official ending to our rule under England to become free and it Ignites Revolutionary War
What was Shay’s Rebellion?
A group of farmers rebelled as state courts began to foreclose on farms and property (post-Revolutionary War) proved National Government was powerless and needed a change
Describe Checks and Balances
Makes sure that one branch of government doesn’t become too powerful, All 3 check each other and not one is more powerful
What is the bill of rights?
First 10 amendments protecting basic rights of all citizens in the U.S.
What were the Reserved Powers to States -10th Amendment?
Powers not given to federal government are reserved to the states
What were delegated powers?
Powers given to the national government in the constitution: examples; foreign affairs, national defense, money, immigration.
What was the necessary and proper clause?
Congress shall have power to make a law if it is necessary and proper to carry out ones foreign power.
What was the necessary and proper clause the basis for?
Congress’s IMPLIED powers.
What is the difference between an Executive Agreement and a Treaty?
Executive Agreements do not need senate approval while treaties do. Therefore, Executive Agreements are much more temporary, when a new president takes office, he can override it with just his signature.
What is Federalism?
A form of government in which powers are divided between a central government and several smaller state governments
Who was for the constitution, Federalists or Anti-federalists?
Federalists
Why did the anti-federalists oppose the constitution?
Loss of states rights, loss of individuals rights, they wanted a bill of rights added, and the powers of the government are vague and general.
Why did the federalists support the constitution?
States had their own constitutions, House of Reps is directly elected by the people and the reps protect their rights, support checks and balances.
What were the problems and weaknesses of the Articles of Confederation?
- Unicameral legislature with equal representation for all states (one vote per state)
- Laws had to be approved by 9 states, Amendments to the Articles required 13 states to agree
- No executive or court system-relied on states for enforcement
- Congress could not collect taxes, keep a standing army, or regulate trade between states (interstate commerce)
What was the Philadelphia Convention?
- Originally planned to revise the Articles of Confederation, but decide to scrap it
- 12 states represented –Rhode Island does not attend
What becomes the main debate at the Philadelphia convention?
Representation, small states don’t want to be ignored, but large states believe their population warrants more influence
What is a formal amendment
ones protecting basic human rights