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53 Cards in this Set
- Front
- Back
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Magna Carta
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The idea first appeared here that the gov't was not all-powerful. TRIAL BY JURY, DUE PROCESS OF LAW, RIGHT TO PRIVATE PROPERTY.
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The Petition of Rights
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Limited the King's power. NO KING TAX COLLECTION, NO QUARTERING OF SOLDIERS IN HOME AND A PERSON CANNOT BE IMPRISONED WITHOUT A CAUSE.
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English Bill of Rights
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Set clear limits on what a ruler could or couldn't do. NO CRUEL AND UNUSUAL PUNISHMENT, NO EXCESSIVE BAIL, RIGHT TO BEAR ARMS, RIGHT TO PETITION THE GOV'T.
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Two Treatises of Gov't
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John Locke. Helped state that people should contract among themselves to form gov't to protect natural rights.
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The Spirit of Laws
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MONTESQUIEU. Popularized the idea of SEPARATION OF POWERS.
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Leviathan
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Thomas Hobbs. First to theorize on the SOCIAL CONTRACT between citizens and gov't.
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England taxing colonists. Colonists get mad and form ___. Next came the ____. Then the __. And finally the ____ which was the 1st national gov't and led to the ___.
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The Albany Plan of Union; The Stamp Act Congress; 1st Continental Congress; 2nd Continental Congress; Declaration of Independence
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Government
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institution which the state maintains social order, provides public services and enforces binding decisions on citizens
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What does the gov't do?
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Enforce public policies- action which gov't responds to an issue.
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What is a state
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political community that occupies a definite territory and has an organizational gov't which the power to make and enforce laws without approval from any higher athority... about 200 in world.
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4 Essential Characeristics of a State
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Populatoin, Territory, Sovereighnty, Government
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Force Theory
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person or group forces control over an area... US!!
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Evolutionary Theory
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state originates in a family
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Divine Right Theory
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God(s) give consent to rule area
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Social Contract Theory
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Thomas Hobbs. People agree to give up power to state in return for state's services... US!!
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The Preamble
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goals of American gov't
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The Articles
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set up the gov't
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The Amendments
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protections against gov't
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The Virginia Plan
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Strong nat'l gov't with 3 branches, legislature reps based on POPULATION- favored large states
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The New Jersey Plan
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Increased power to collect taxes and regulate trade, equal reps in Congress, Resembled Articles of Confederation... favored small states
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The Great Compromise (The Connecticut Compromise)
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3 Branches of Gov't- executive, legislative, and judicial. Congress=bicameral; senate equal reps, house population reps
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Concurrent Powers
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Powers that both the nat'l gov't and the states SHARE. (power to tax)
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National Powers
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"DELEGATED POWERS" the gov't only has power that is granted to it in the Constitution
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EXPRESSED POWERS
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WRITTEN IN CONSTITUTION (Congress coins money and collects taxes)
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IMPLIED POWERS
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Elastic Clause, Necessary & Proper Clause- power gov't requires to carry out expressed power (Congress builds interstate highway systems)
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INHERANT POWERS
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Powers a nation has simply being a nation (regulating immigration and acquiring territory).
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State Power
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RESERVED POWERS- power that belongs specifically to the state.
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How states help the nation (2 ways)
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conduct and pay for elections of nat'l officials, Amendment process 3/4
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George Washington
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Oversaw the Constitution, get ppl to trust its work.
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Roger Sherman
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Connecticut Compromise
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Federalists
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approved new constitutionn, feared anarchy
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Antifederalists
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opposed new constitution
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3/5ths Compromise
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Slaves count as 3/5ths a person
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Popular Sovereignty
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people give the gov't consent to rule
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Federalism
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POWER DIVIDED BETWEEN FEDERAL AND STATE GOVERNMENT. Political parties are key. Affects how policies are made and limits in policy making.
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Limited Gov't
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limits written in Constitution
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JUDICIAL REVIEW
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courts have power to declare acts of COngress and the president unconstitutional. MARBURY VS MADISON-1803
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Separation of Powers
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each of 3 branches has its own role
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Checks and Balances
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each branch has some control over the other branches.
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Need of Compromise
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THE necessary tool for democracy
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Amendment 1
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freedom of religion, speech, peition, assemble, press
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Amendment 4
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No illegal seach and seizure
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Amendment 5
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Due Process- list of rights protected a accused criminal
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Amendment 8
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No cruel and unusual punishment
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Brief Description of Judicial Branch
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Establishes the COURT SYSTEM. The Supreme Court is the highest in land. Declare Constitutionality and interpret meaning of laws
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Brief Description of Executive Branch.
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Carries out the laws and makes sure they are obeyed. President, VP, cabinet and independent agencies.
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Brief Description of Legislative Branch
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Makes laws, House of Representatives and Senate
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How Executive Branch checks and balances the Legislative Branch
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VETO BILLS, RECOMMEND LEGISLATION
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How Executive Branch checks and balances the Judicial Branch
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President NOMINATES FEDERAL JUDGES AND MAY ENFORCE COURT ORDERS
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How Judical Branch checks and balances the Executive Branch
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Declare president's actions unconstitutional
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How Judicial Branch checks and balances the Legislative Branch
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Declare acts of Congress unconstitutional
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How Legislative Branch checks and balances the Executive Branch
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Creates executive agencies, override veto 2/3, impeach president, confirm presidential appointments
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How Legislatve Branch checks and balances the Judicial Branch
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Impeach judges, create lower federal courts, set size of supreme court, determine judicial salaries and confirm judges
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