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50 Cards in this Set

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John Locke
English; Two Treatises on Government; "preserve life, liberty, and property"; people should be sovereign; monarchs not chosen by God
Hobbes
English; wrote Leviathan; life without government is "solitary, poor, nasty, brutish, and short"; absolute government needed to control evil behavior (not divine right)
Montesquieu
French; wrote The Spirit of Laws; no liberty without separation of powers
Rosseau
French; wrote The Social Contract; government is a contract between people and rulers, can be broken by rebellion; "man is born free, but everywhere he is in chains"
Voltaire
French; "I do not agree with the words you say, but I will defend to death your right to say it"; freedom of speech, separation of church and state, life is better with liberty
Shay's Rebellion
proved that the Articles didn’t provide enough national security (couldn’t put down a farmer uprising)
faction
interest group
republic
representative democracy (not direct)
separation of powers
three branches of government
federalism
separaton of national and state powers
McCulloch vs. Maryland
states cannot tax the federal government
coalition
allegiance of people who would normally not come together; agree on some issue, form a group; temporary
Proportional Representation
occurred at constitutional convention—representing states proportionally
enumerated powers
9th amendment; just because it wasn’t stated doesn’t mean citizens can’t have it; helped federalists (who thought that making an exhaustive list would be impossible)
Roe vs. Wade
right to privacy...abortion (used 9th amendment, right not actually written in)
necessary and proper clause
the national government can do anything necessary and proper to carry out any of the powers it has been given; can declare war (need money and army); elastic clause (can be stretched to fit the actions of the government)
supremacy clause
national government is always supreme to the state governments; habeas corpus, immigration
electoral college
*each state gets number of senators + congressmen for each party --> loyal party activists are electors
*the winner of the state send their party's electors to vote
*Go to state capital and cast vote in electoral college- most of them cast their vote for their party, occasionally they vote for another candidate (usually for an independent or 3rd party)
formal amendment
*written in the Constitution
*purposely made difficult to hold back opinions and passions
*. proposed by a 2/3 vote of each House (supermajority)  ratified by ¾ of state legislators (38 states)
*proposed by 2/3 of state legislatures (ask for national convention)  ratifying convention in ¾ of the states…done only once, ratified by ¾ of state legislators
weaknesses of Articles of Confederation
*one vote for each state, regardless of size
*congress powerless to lay and collect taxes or duties
*congress powerless to regulate foreign and interstate commerce
*no executive to enforce acts of congress
*no national court system
*amendment only with consent of all states
*a 9/13 majority required to pass laws  “supermajority”: require more than just majority (3/4 of group)
*articles only a “firm league of friendship”  loose central government, each state independent (not connected—different money; NOW no state can coin its own money)
bill of attainder
law that declares a person, without a trial, to be guilty of a crime; state legislatures and congress forbidden to pass such an act (by article 1)
ex post facto law
law that makes criminal an act that was legal when it was committed, or that increases the penalty for a crime after it has been committed, or that changes the rules of evidence to make conviction easier; retroactive criminal law; state legislatures and congress forbidden to pass such a law (by article 1)
slavery in the constitution
*slaves represented 3/5 of a person in the House of Representatives; Congress couldn’t prohibit slaves imported before 1898; slaves that escaped to free states had to be returned to their master
*southern states wouldn’t have ratified the constitution if it abolished slavery
*if a slave ran away to a free state, they still weren't free
line item veto
*the power of an executive to veto some provisions in an appropriations bill while approving others; president doesn’t have the right to exercise it (must approve or reject an entire appropriations bill)
*could stop unwarranted spending without vetoing other provisions of a bill
formal amendment
*written in the Constitution
*purposely made difficult to hold back opinions and passions
*. proposed by a 2/3 vote of each House (supermajority)  ratified by ¾ of state legislators (38 states)
*proposed by 2/3 of state legislatures (ask for national convention)  ratifying convention in ¾ of the states…done only once, ratified by ¾ of state legislators
weaknesses of Articles of Confederation
*one vote for each state, regardless of size
*congress powerless to lay and collect taxes or duties
*congress powerless to regulate foreign and interstate commerce
*no executive to enforce acts of congress
*no national court system
*amendment only with consent of all states
*a 9/13 majority required to pass laws  “supermajority”: require more than just majority (3/4 of group)
*articles only a “firm league of friendship”  loose central government, each state independent (not connected—different money; NOW no state can coin its own money)
Virginia Plan
strong national union with 3 branches…legislative (2 houses, directly elected by the people and chosen by the first house from state legislature nominated people), executive (chosen by national legislature), judicial (chosen by national legislature); each branch “checked” on the other and could veto things; national legislature had supreme powers on all matters which separate states weren’t competent to act and could veto any state laws; at least one house would be directly elected by the people
New Jersey Plan
amend Articles of Confederation; enhanced power of national government; each state had one vote; protect interests of small states
Great Compromise
protected interests of both large and small states; House of Representatives had members from each state based on population and elected by the people; Senate had two Senators from each state
Supreme Court compromises at Constitutional Convention
*Electoral College
*4 year term for president, with no limit to re-election
*Supreme Court justices nominated by president and confirmed by Senate
judicial review
*the power of the Supreme Court to declare an act of congress unconstitutional – limits the power of popular majorities, safeguarded against passion
federalists
*nationalists; proponents of Constitution
*many opinions and interests with large republic, less chance of tyranny
*form alliance for diversity
*national government somewhat distant from the people
*prevent politicians and people from corrupting government
anti-federalists
*states’ rights; opponents of Constitution
*believed liberty could only be secure in a small republic in which the ruled closely checked the ruler
*wanted a weak national government, loose confederation of states
*power in state legislatures and courts
*limitations on national government – narrower jurisdiction of Supreme Court, council to review actions of President, state militias for military, bigger House of Representatives, eliminate Congress’ power to levy taxes
*bill of rights
habeas corpus
court order directing a police officer, sheriff, or warden who has a person in custody to bring the prisoner before a judge and show sufficient cause for his or her detention; designed to prevent illegal arrests and imprisonment
social contract
a
natural rights
a
state of nature
a
second treatise
a
unalienable rights
a
democracy
a
popular sovereignty
a
James Madison
author of the Articles of Confederation; separation of powers, checks and balances
Alexander Hamilton
head federalist, lawyer who favored a strong central government
Bill of Rights
a
apportionment
a
veto
a
Original Jurisdiction
a
Appellate Jurisdiction
a
Informal amendment
not written in;
6 things that emerged from Constitutional Convention
1. popular sovereignty
2. limited government
3. separation of powers (3 branches)
4. federalism (division of power—national over state)
5. judicial review
6. checks and balances