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51 Cards in this Set

  • Front
  • Back
Natural law
Universal morals that apply to the human race
Ex of natural law
Thomas Aquinas theory that natural law could be disco covered through ones conscience
The Magna Carta
Limited the power of kings establishing the concept of limited government
ex; the magna carta
the document in the 1215 established to control abuse of power
thomas hobbes
introduced the social contract a "state of Nature" which deals with having to restrict some absolute freedom's in exchange for bringing social order
ex: thomsa hobbes
he wrote these ideas in his book Leviathan:Government being necessary
john locke (2nd treatise on gov't)
introduced natural rights idea saying people had the right to life, liberty, property. When the gov't doesn't protect the peoples rights they have the right to overthrow government
example of john locke
second treatise on government: american revolution
Baron De Montesquieu (spirit of laws)
introduced the seperation of powers, 3 branches of gov- executive, judical, legistalive
ex of montesquieu
wrote the sprirt of laws: systems of checks and balnces to prevent one branxh from having to much power
Jean Jacques Rousseau
the legitmacy of the ruler is dependent upon people's support. He further argued that a government shpuls be able to dissolve
ex of Jean Jacques Rousseau
Added on to the social contract
mayflower compact
first ritten framework. efficent in massuchutts which established a representative government along with a rule of law or social contract
ex: of mayflower compact
3 branches og government with legi. being chosen by a govenor is an upper and lower house being choosen by the people with more power
english bill of rights
passed in 1689 inculded the fight to fold free elections have weapons and a trial by juy. It also abolishehed the power of parilment over monarcy
ex of english bill of rights
rule of law, petition of rights, INDIVUAL RIGHTS
STRUCTURE OF THE CONSTITUTION (THE DUFFERENT PARTS)
OLDEST written form of gov't still is use today. Republican form of government where power comes from the people excersing by elected officals
ex of structure of the consitution
the preamble, articles and amendment
enumerated vs implied powers WITH EXAMPLES
Enumerated a power given to congress purposely Ex: collecting taxes, coining money, declaring war

implied power: with an elastic clause COngress can adapt power Ex: NASA, Internet policies
necessary and proper clause
EXamples
congress can ifer laws that are nessecary and proper to the innovations of the tine period with the heko of an eleastix clause
ex: nasa and internet regulations
the process for amendingthe constitution
two thirds of congress- 3/4 majority of state legislators approve it (most common method) or each state having a special ratifying convention which three fourths have to approve
ex of the processes for amending the constistutions
amendement 5 establishes the amendment process
limited government
controlling the power the government has, in terms if the constitution thw people put control on the gov't.
ex of popular soverngity
Rousseu, Thomas Paibe, holding elections
popular soverngnty
power the people give to the gov;t by voting if missed=used it can be taken back
ex of limited gov't
founders knowing they didnt want a leader in place to abuse
the rule of law
all citizens are under the law and have to obey by its conquences
ex of the rule of law
Richard Nixon with watergate scandal and Kwai Kilpatrick
checks and balances
power is seperated evenly betweeen three firms if giv't
ex of checks and balances
Cingress passes a law, the president vetoes law.
President chooses supreme court nominee, the senate blocks it
. Congress pases but the supreme court rules it as unconstitutional
individual rights
certain rights that can't be taken away such as a trial by jury as stated in the first amendment.
ex of induiviual rights
due process, speech, religion, to bear arms
federlasim
power that is seperated between national and state gov't
ex of fedarlism
delegates powers (federal)- declare war, entering treaties
A served power state- set up schools, drivers licenses
cocurrent: shared- taxation and law enforcement
fiver sources of judical interpretation
1. the text of the constittuions itself
2. the orginal intent of framers
3. Past President of preious decisions of the courts
4. the consequences of a descision on current society
5. Morals and ethnical values
ex of judical interpetitation
supreme court figuring out how laws should be applied in a modern society
strict constituion
interpetation tof the constitution as ut was orginally and literally writtwn.
ex of strict construction
4 out of 9 sumpreme court judges are th, favored by republican party, and belives in founders orginal intent (no adaption)
loose construction
a flexiable readinf of the constitutionthat adaots with time
examples of a looose construction
democrats favor this appoarch, 4 of 9 supreme courts fall in this category, constitution is a living document. Modern value and laws soical conquences need to be given serious consideration
marbyry vs madison
etablished the power of judical reviw , ruled by that the Judicary act was unconstitutional and set a precedent allowing the supreme court to declare axctsa of congress unconstituytion
EX OF MCCULLOCH V MARYLAND
the nessecary and proper clause
example of marbury vs madison
dred scott decision
mcculloch v maryland
consitution written grants implied powers for constitutions expression of power in order to create a functional national government. states have no right to tax national government
federalist papers
used to promote the constution. James Madison who explsins systems of checks and balnces to anti-federalist, john jay and alexander Hamiltion were alll extreme backers of the constution who wrote papers to promote the constition.
ex of the fedarlist paper
madison is the father of the constyitution said "ambition must be used to counteract ambition: this is referring to getting antifederalist to change their minds
Federalist paper 10 and 51
#10- Madison conquered the antifederalist qualms about representative democracy not working on large areas claiming a large group was an advantage allowing the likeness of a corrupt government with taking a majority vote vs a small group to make decisions

#51 Madison addresses the concern over a strong national government leading to a tranny by explaining the checks and balances, "if men were angels the need for government wouldn't be necessary" But since they aren't A counteracting tactics must be madeand the power of government necking checked
Ex of federalist paper 10 51
The process of making alas and the need for boundaries
compare and constrast strict and loose constructism
loose interpetation of the constitution allows an elastic clause in which "nessxary and proper" to be carried out while a strict construction interpets the constition on the literal sense of what the founding fathers wrote. Republicans favor a strict government interpetation while democrats favor a living document. in supreme court they are represented equally wirth each side and one swing vote
Both forms of constructionism recongize the constituion as a ruling force
explain how the influence of britsh and french philosphy shaped the founders when they wrote the constituion
britsh and french philophers such as:
B-Thomas Hobbes, John Locke
F- Baron de Montesquieu and Jean Jacques Rosseau
Contributed ideas influence the writing of the constitution.

THomas Hobbes in his work with the social contract and "state of nature described in his book the Leviathan.

John Locke with his ideas of natural rightd to life liberty and property described in his book the Second Tretise on Government

Montesqiu with his view on the seperation of powers and a system of checks and balances in his bookthe Spririt of Laws

Jean Jacques Rosseau ad ideas of legitmacy and popular sovernigty tht he added on to the social contract
how does the constituion limit the powers of gov;t to limit leaders from becomin corrupt
"You must first enable the power of gov't to control the governed" and in the nexr place to oblige for it to control itself"
1. Popular sovernighty- power comes from the people not the government
2. Rule of Law- Law applied to a fairly to all citizens
3. Seperation of power a 3 party system with checks and balances\
4. Federalsim- Power in nation diveded by the national and state governments
5. Independent Judicary-Court system is independent and "above politics"
6. Certain rights can' be taken away