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137 Cards in this Set
- Front
- Back
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Age of Enlightenment (L) |
A scientific and philosophical movement of the 18th century characterized by...
- questioning of traditional values - doctrines - teachings - values - the free use of reason |
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Atomistic (L)
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- Legacy of the enlightenment |
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Individualism (L)
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- Legacy of the enlightenment
- As the avenue of universal human progress. |
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Deism (L)
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- Legacy of the Enlightenment |
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Capitalism (L)
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- Legacy of the enlightenment
- Emergence as accepted economic doctrinaire. |
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Republicanism (L)
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- Legacy of enlightenment
- As the preferred form of government. |
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What is the meaning of legacies of enlightenment? (L)
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The things that are left behind after the enlightenment is over.
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Organic Concept (L)
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Political society is an organism or a product of nature, it has a life into and unto it's self. Individuals contribute to better of the whole. Society=A living being and has a life that proceeds through centuries. |
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Mechanical Arrangement/Concept (L)
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People came to say that society is NOT a living organism, but it is this arrangement so it can achieve a purpose. |
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Atomistic Concept challenged what? (L)
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Organic/holistic concepts, and collectivism.
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Deism challenged what? (L)
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Catholicism
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Capitalism challenged what? (L)
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Mercantilism
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When was the deceleration of independence ratified? (L)
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1776
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When was the constitution ratified? (L) |
1789 |
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When was the bill of rights ratified? (L) |
1791 |
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Merchantilism (L) |
Economic systems developing during the use of the European nation-states intended primarily to unify the state or increase power and wealth of the state through colonization and conquest and by strict government regulation of entire economy to secure balance of trade. |
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When were the Bill of Rights drafted? (L) |
1789 |
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What goes into the Decleration of independence? (L) |
- Natural Rights - Social contract theory - Limited Government - Rights of revolution |
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Along with the declaration terms, what also goes into the Constitution? (L) |
- Bill of Rights (civil liberties) & Main Body of constitution (property rights. - Preamble & methods of leadership (Articles 1,2,3) - Structural Mechanisms (separation of powers and federalism) - Formal amendment process |
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Why was the Declaration written? (L) |
The people needed to write out their arguments against King George the III, and the rights he violated. The King had broken the contract, so citizens felt they did not need to abide by it. |
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What prompted a 1st Constitutional convention? (L) |
Shays rebellion proved that the Articles of Confederation was not strong enough, and there were other rebellions as well. |
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What are the basic things the Declaration states? (L) |
The rights and ideas and it established a form/structure of government. |
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When was the Constitution drafted? (L) |
1787 |
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What are the 2 basic components of the Social Contract Theory? (L) |
1. The legitimate purpose of government is to secure the rights of individuals. 2. The legitimate source of governments authority is consent of the government. |
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The Constitution is a contract between who? (L) |
The government and the people. |
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What is the whole idea about having a government? (L) |
To place limitations on it, and form a limited government that protects the liberty of the people. |
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Why did trouble begin with Britain after the 7 years war? (L) |
Britain was putting horrible taxes and policies on the citizens in the US. |
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Why do Americans write the constitution out? (L) |
So that the terms are more outlined. |
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What is the fundamental MAIN idea of the constitution? (L) |
Limited Government |
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The right of Revolution... (L) |
People have the right to change their government if the government is abusing their authority. (This is in the Declaration, and is made more peaceful through the Constitution=the amendment process). |
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What are the 2 general approaches to Limited Governmnet? (L) |
1. Specific denials of authority to government. (Bill of rights, and else where - provisions against the suspension of the writ of habeous corpus and prohibition of ex post facto laws ect.) 2. Structural Mechanism which decentralized political power. (Seperation of powers/checks and balances & Federalism & bicameralism). |
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If they are the fundamental rights to the person, then it makes sense to... (L) |
Put limitations on these things with the government. |
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Why did they wait 2 years to do the Bill of Rights? (L) |
There were proposals for a Bill of rights, but the framers rejected the idea of the bill of rights. James Madison said it was undesirable and unnecessary. |
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What does James Madison when describing the Bill of Rights mean when he say "Undesirable"? (L) |
IF you list certain liberties than it might be taken as those are the ONLY liberties people have. Thomas Jefferson argued with him about this. |
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What does James Madison when describing the Bill of Rights mean when he say "Unnecessary"? (L) |
1, there are enumerated powers of the government, the government powers are delegated in section 8, and if some powers are not given, then it does not have those powers. 2, Structural mechanism, the way government was set up, these things were sufficient as a protection of liberty. |
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Our system of government ___ conflict, especially between the Legislative and executive branch. (L) |
Assumes |
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What was the original intent of the Bill of rights? (L) |
Limit the powers of congress (national government). |
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What are the 3 reasons why we call James Madison the "father of the constitution?" (L) |
1. Architect of Virginia Plan 2. He took detailed noted at the convention. 3. One of the 3 writer in the federalist papers.
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What was offered to the Anti-Federalist if they just ratified the Constitution? (L) |
A bill of rights. |
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Amendment 9... (L) |
This states that if the rights are not listed here, then that does not mean that you do not have the rights that are not listed. |
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What was the argument in the 1965 Griswold Vs. Connecticut case? (L) |
Connecticut made using sexual contraceptives illegal, and Griswold said its a private thing if a man and a women want to make a baby. |
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What was the Court ruling in the 1965 Griswold Vs. Connecticut case? (L) |
- Supreme court agrees that it is a fundamental private matter. - 1st time the supreme court makes a decision in court based on the right to privacy within the constitution. |
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What was the Supreme Courts Penumbras in the constitution for privacy in the 1965 Griswold Vs. Connecticut case? (L) |
- 9th Amendment: Gives rights not listed an opportunity for still having those rights. - 1st Amendment: "Right of the people to peacefully assemble" implied privacy. - 3rd Amendment: About soldiers living in homes, and this showed that your home is your privacy. - 4th Amendment: About search and seizure, and this said that you and yourself is private. - 5th Amendment: About self incrimination, because whatever you know is your privacy. |
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Th body of the constitution was for who? (L) |
The federalist because they wanted a strong central government. |
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The Bill of rights was for who? (L) |
The Anti-Federalists, because they did not want a strong central government. |
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The 14th Amendment... (L) |
- Passed 1866 and ratified 1868,. - Only person born/naturalized in the US is a citizen. So this was put here so southern states wouldn't deny black their citizenship and they were citizens in the states they lived in. - "States shall not deprive any person of life, liberty, or property" without due process of law. |
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The bills of rights was __ written directed towards the states, it was written towards the __ __. (L) |
- NOT - Central Government |
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The Doctrine of Selective Incorporation... (L) |
- The process that the court has used "the right of free speech, religion, ext." because those are fundamental rights. - Through decades they show that some things in the bill of rights are fundamental liberties, but some things still have not been incorporated. |
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1925 Gitlow Vs. New York... (L) |
The 1st time the supreme court says that the right of free speech is a fundamental liberty and in the 14th amendment it says that States allow it. |
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What is an example of a liberty that has not been incorporated yet? (L) |
"Indictment of Grand jury" |
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What happens to the things that are not incorporated yet? (L) |
They are left up to the states to decide what to do with them. |
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Bicameralism (Structural mechanisms in Constitution)... (L) |
- 2 chamber legislature. - Created because people wanted representation in Congress, because in the articles the states only had 1 vote each. - Virginia plan (big state plan) and New Jersy (small state plan) made up the Great compromise, that all states no matter population have only 2 senators in the Senate. And the amount of representatives in the House depends on population. - Texas has 36 reps. |
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Congress can sometimes fail at passing a bill because...? (L) |
The house or representatives and the senate can not agree on things. |
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Congress was going to be the biggest threat to liberty, so they limited its powers by making it a... (L) |
Bicameral legislature |
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Separation of Powers (Structural mechanisms in constitution)... (L) |
- 3 intrinsically distinct types of political power (legislative, executive, and judicial) - 3 distinct functions ought to be exercised by 3 separate branches of government, which should be constitutionally independent from and equal to others. - there should be an overlapping of powers so each branch can check and balance each other. |
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What were the 2 main reasons behind having separation of powers? (L) |
1. Keeping to a minimum the powers loged in any singly organ or government. 2. Opposing each organ against the others.
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Power in 1 hands = ?? (L) |
Tyranny. |
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Montsquieu created the original idea of what? (L) |
3 separated branches within government. |
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Each branch gather their authority from the ___, NOT from each other. (L) |
Constitution |
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They wanted to spread out government power, so that... (L) |
It takes a while to act on things slowly, because government has bad intentions most of the time. |
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Judicial Branches main power? (L) |
Adjudicate laws (hear and resolve disputes under the law) |
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Legislature branches main power? (L) |
Making the laws. |
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Executive branches main power? (L) |
Executing the laws. |
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Federalism... (L) |
- A system of government in which constitutional powers are divided between 2 levels of government (central & regional). - There is a constitutional division of government powers such that each level is autonomous in a least one sphere of action. |
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Unitary Systems... (L) |
The ultimate source or political power is in the monarchy, so he has sovereign power, and that makes a central government which makes regional governments. The central power can take and give power to the regional governments. - United Kingdom & Japan & Saudi Arabia |
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Confederal Systems... (L) |
The ultimate source of power comes from the rational governments and they can take and give power to the central government. - USA was this under the Articles of Confederation (1776-1789) & the common wealth of independent states & the United Nations. |
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Autonomous... (L) |
You can make decisions for your self/self govern yourself. Example would be an Adult. |
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Under federalism, each government is ___ and ___ in its constitutionally assigned sphere. |
Final & Supreme |
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Under Federalism Both levels of government may do what? (L) |
- Act directly on citizens - Derive their authority from the Sovereign (both levels of government) rather than from one another. - Therefore, night can unilaterally change the relationship. - So the national government can't modify its own powers or then states powers, and same for the states. The only way to change powers would be amending the constitution. |
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Under Federalism, the regional governments exist in their own ___. (L) |
Right |
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What are the 2 methods of proposing an amendment and ratification of it? (L) |
1. Proposal: 2/3rd House and 2/3 Senate are required to vote for. 2. Ratification: 3/4 of the state legislatures have to be in favor of the amendment. |
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The Constitution __ certain powers to the national government. (L) |
- Delegates (The national government is a government of delegated or enumerated powers) |
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The Constitution ___ other powers to the state governments. (L) |
- Reserves (State government are the governments of reserved powers). |
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The 10th amendment... (L) |
It gives the left over national powers to the states. |
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What are the 2 types of delegated powers? (L) |
1. Expressly Delegated Powers (specifically mentioned in the constitution) 2. Implied delegated powers (Those that are delegated by the elastic clause- Article I section 8:18). |
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What are other names for Article I section 8:18 in the constitution? (L) |
- Elastic Clause - The necessary and proper clause - Doctrine of implied powers (ALL THE SAME THINGS) |
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Foregoing powers... (L) |
The listed powers in the constitution. |
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Treaty of 1916... (L) |
Protecting the hunting geese. |
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Act of 1918... (L) |
Put hunting seasons into effect. |
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Anti-Federalism (R) |
A political group that opposed the adoption of the Constitution because of the document's centralist tendencies and because it did not include a bill of rights. |
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Articles of Confederation (R) |
The nation's first national constitution, which established a national form of government following the American Revolution. The Articles provided for a confederal form of government in which the central government had few powers. |
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Bicameral Legislature (R) |
A legislature made up of 2 chambers, or parts. The United States has a bicameral legislature composed of the House of Representatives and the Senate. |
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Bill of Rights (R) |
The first 10 amendments to the US constitution. They list the freedoms - such as the freedoms of speech, press, and religion - that a citizen enjoys and that cannot be infringed on by the government. |
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Checks and Balances (R) |
A major principle of American government in which each of the 3 branches is given the means to check (to restrain or balance) the actions of the others. |
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Commerce Clause (R) |
The clause in Article I, section 8, of the constitution that gives Congress the power to regulate interstate commerce (commerce involving more than 1 state). |
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Confederation (R) |
A league of independent states that are united only for the purpose of achieving common goals. |
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Constitutional Convention (R) |
The conventional (meeting) of delegates from the states that was held in Philadelphia in 1787 for the purpose of amending the Articles of Confederation. In fact, the delegates wrote a new constitution (the US constitution) that established a federal form of government to replace the government system that had been created by the Articles of Confederation. |
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Faction (R) |
A group of persons forming a cohesive minority. |
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Federalists (R) |
A political group, led by Alexander Hamilton and John Adams, that supported the adoption of the Constitution and the creation of a federal form of government. |
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Federal System (R) |
A form of government that provides for a division of powers between a central government and several regional governments. In the United States, the division of powers between the national government and the states is established by the Constitution. |
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First Continental Congress (R) |
A gathering of delegates from twelve of the 13 colonies, held in 1774 to protest the Coercive Acts. |
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Great Compromise (R) |
A plan for a bicameral legislature in which 1 chamber would be based on population and the other chamber would represent each state equally. The plan, also known as Connecticut Compromise, resolved the small-state/large-state controversy. |
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Interstate Commerce (R) |
Trade that involves more than one state. |
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Madisonian Model (R) |
The model of government devised by James Madison, in which the powers of the government are separated into 3 branches: legislature, executive, and judicial. |
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Rule of Law (R) |
A basic principle of government that requires those who govern to act in accordance with established law. |
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Second Continental Congress (R) |
The congress of the colonies that met in 1775 to assume the powers of a central government and to establish an army. |
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Separation of Powers (R) |
The principle of dividing governmental powers among the legislative, the executive, and the judicial branches of government. |
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Shays' Rebellion (R) |
A rebellion of angry farmers in western Massachusetts in 1786, led by former Revolutionary War captain Daniel Shays. This rebellion and other similar uprisings in the New England States emphasized the need for a true national Government. |
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Three-fifths Compormise (R) |
A compromise reached during the Constitutional Conversion by which three-fifths of all slaves were to be counted for purposes of representation in the House of Representatives. |
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Tyranny (R) |
The arbitrary or unrestrained exercise of power by an oppressive individual or government. |
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Unicameral Legislature (R) |
A legislature with only 1 chamber. |
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Veto Power (R) |
A constitutional power that enables the chief executive (president or governor) to reject legislation and return it to the legislature with reasons for the rejection. This regents or at least delays the bill from becoming a law. |
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Block Grant (R) |
A federal grant given to a state for a broad area, such as criminal justice or mental-health programs. |
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Categorical Grant (R) |
A federal grant targeted for a specific purpose as defined by federal law. |
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Competitive Federalism (R) |
A model of federalism, devised by Thomas R. Dye, in which state and local governments compete for businesses and citizens, who in effect "vote with their feet" by moving to jurisdictions that offer a competitive advantage. |
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Concurrent Powers (R) |
Powers held by both the federal and the state governments in a federal system. |
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Confederal System (R) |
A league of independent sovereign states, joined together by a central government that has only limited powers over them. |
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Cooperative Federalism (R) |
A model of federalism in which the states and the federal government cooperate in solving problems. |
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Devolution (R) |
The surrender or transfer of powers to local authorities by a central government. |
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Divison of powers (R) |
A basic principle of federalism established by the US Constitution, by which powers are divided between the national and state governments. |
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Dual Federalism (R) |
A system of government in which the federal and the state governments maintain diverse but sovereign powers. |
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Expressed Powers (R) |
Constitutional or statutory powers that are expressly provided for by the Constitution; also called enumerated powers. |
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Federalism (R) |
A system of shared sovereignty between 2 levels of government - 1 national and 1 subnational - occupying the same geographic region. |
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Federal Mandate (R) |
A requirement in federal legislation that forces states and municipalities to comply with certain rules. If the federal government does not provide funds to the states to cover the costs of compliance, the mandate is referred to as an unfunded mandate. |
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Fiscal Federalism (R) |
The allocation of taxes collected by 1 level of government (typically the national government) to another level (typically state or local government). |
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Implied Powers (R) |
The powers of the federal government that are implied by the expressed powers in the Constitution, particularly in Article I, Section 8. |
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Inherent Powers (R) |
The powers of the national government that, although not always expressly granted by the Constitution, are necessary to ensure the nation's integrity and survival as a political unit. Inherent powers include the power to make treaties and the power to wage war or make peace. |
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Necessary and Proper Clause (R) |
Article I, Section 8, Clause 18, of the Constitution, which gives Congress the power to make all laws "necessary and proper" for the federal government to carry out its responsibilities; also called the Elastic Clause. |
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New Deal (R) |
A program ushered in by the roosevelt administration in 1933 to bring the United States out of the Great Depression. the New Deal included many government-spending and public-assistance programs, in addition to thousands of regulations governing economic activity. |
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New Federalism (R) |
A plan to limit the federal governments role in regulating state governments and to give the states increased power in deciding how they should spend government revenues. |
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Picket-fence Federalism (R) |
A model of federalism in which specific policies and programs are administered by all levels of government - nation, state, and local. |
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Police Powers (R) |
The powers of a government body that enables it to create laws for the protection of the health, safety, welfare, and morals of the people. In the United States, most police powers are reserved to the states. |
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Preemption (R) |
A doctrine rooted in the supremacy clause of the Constitution that provides that national laws or regulations governing a certain area take precedence over conflicting state laws or regulations governing the same area. |
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Secession (R) |
The act of formally withdrawing from membership in an alliance; the withdrawal of a state from the Federal Union. |
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Supremacy Clause (R) |
Artivle VI, Clause 2, of the Constitution, which makes the Constitution and federal laws superior to all conflicting state and local laws. |
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Unitary System (R) |
A centralized governmental system in which local or subdivisional governments exercise only those powers given to them by the central government. |
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Civil Liberties (R) |
Individual rights protected by the Constitution against the powers of the government. |
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Writ of Habeas Coprus (R) |
An order that requires an official to bring a specified prisoner into court and explain to the judge why the person is being held in jail. "Produce the body" |
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Bill of Attainder (R) |
A legislative act that inflicts punishment on particular persons or groups without granting them the right to a trial. |
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Ex Post Facto Law (R) |
A criminal law that punished individuals for committing an act that was legal when the act was committed. " after the fact " |
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Due Process Clause (R) |
The constitutional guarantee, set out in the 5th and 14th amendments, that the government will not illegally or arbitrarily deprive a person of life, liberty, or property. |
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Due Process of Law (R) |
The requirement that the government use fair, reasonable, and standard procedures whenever it takes any legal action against an individual; required by the 5th and 14th Amendments. |
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Medicare (R) |
A federal government program that pays for health-care insurance for Americans aged 65 years and over. |
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Medicaid (R) |
A joint federal-state program that pays for health-care services for low-income persons. |
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Children's Health Insurance Program (CHIP) (R) |
A joint federal-state program that provides health-care insurance for low-income children. |
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National Health Insurance (R) |
A program, found in many of the world's economically advanced nations, under which the central government provides basic health-care insurance coverage to everyone in the country. Some wealthy nations, such as the Netherlands and Switzerland, provide universal coverage through private insurance companies instead. |
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Individual Mandate (R) |
In the context of health-care, a requirement that all persons obtain health-care insurance from one source or another. Those failing to do so would pay a penalty. |
