Unit 1 and 2 Flashcards
- King John of England is forced
to hand tax rights over to Parliament.
The Great Charter (Magna Carta)
- The Massachusetts Bay Colony sets up
a written set of laws to rule the new world colony. This idea gives the
American colonies a basis for rule of law.
The Mayflower Compact
1640s- The first colonial Legislature.
An elected body would set the laws for Virginia along with its eventual
Governor.
The Virginia House of Burgesses-
- The brain child of founding father
Benjamin Franklin. It is the first time that the idea that the colonies
might try and act as one entity is ever really discussed. It fails to gain
popular support but the idea is now out there.
The Albany Plan of Union-
1774-1775. The colonies attempt
to act as a united front for the first time.
The 1 st and 2 nd Continental Congress
- The idea of the United States
as a “people’s democracy” is attempted.
The Declaration of Independence.
Expressly given to certain entities in the
Government.
(Expressed Power)
Delegated Power
This is the basis of what we consider the
Necessary and Proper Clause to the Constitution. This allows
the Congress (and Government) to address all issues that may
arise.
(Sometimes referred to as the Elastic Clause)
Legislature- Passes laws to deal with issues in business,
society, or laws that affect the General populace.
Implied Power
These are powers that all Governments have.
Trade, Declaring War, Immigration policy.
Inherent Power-
Both the States and Federal Government
have the right to declare these types of Laws.
Schools, Elections, Policing,
Concurrent Power-
Power that is not delegated to the Federal
Government is held by the states.
Sales Taxes, Marriages, Speed Limits, (Assisted Suicide?).
Reserved Power-
Army/Navy,
territory defense, foreign relations, coining money.
Supremacy Clause.
Exclusive Powers to the Federal Government-
Baron De Montesquieu-
Believes that power in one person’s hands is
corruptible. States that division of power into an Executive, Legislative, and
Judicial Branch is necessary.
Voltaire-
Believes that freedom of speech (among other freedoms) is the natural
state of man.
Jean Jacques Rousseau-
Argued that for a Government to be legitimate it must
derive from the consent of the people. He makes the argument that if a
Government doesn’t represent the people that it is not only the people’s right
to overthrow that government, but their duty.