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30 Cards in this Set
- Front
- Back
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As a part of the American Society, who does the Rule of Law apply to?
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Everyone.
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What is the Rule of Law?
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A principle of promoting a particular code of conduct.
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How old is the Rule of Law?
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900 years old.
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What was significant about the Charter of Liberties and who signed it?
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King choosing to limit his power, get out of church business, and stop taking inheritances; signed by Henry the First.
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What was significant about the Magna Carta and who singed it?
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Borrows language from the Charter of Liberties, trial by jury, right to a speedy trial, punishment should fit the crime; singed by King John.
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What is DeJure?
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Discrimination by the law.
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What are the criticisms of the Rule of Law?
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Only a procedural right against arbitrary rule, not a universally excepted truth, benefits people with "stuff", promotes a class system.
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What is the Declaration of Rights and Resolves and when was it written?
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The First Continental Congress sent a letter to King George trying to iron out their differences, independence was not an issue, wanted to lay out their rights.
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What state was absent to the First Continental Congress and how many delegates attended?
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Georgia;56.
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What type of document is the Declaration of Independence?
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It is a political document, not a legal document.
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Who attended the Second Continental Congress and what did they accomplish?
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All 13 states, with 65 delegates, required a unanimous vote; writing and publishing the declaration of independence.
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What was the Olive Branch Petition?
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A document sent by the Continental Congress to King George as a last stitch effort to iron things out before declaring independence.
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What was Common Sense?
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A pamphlet written by Thomas Paine disseminated in the colonies urging the colonists to support independence.
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Who proposed Independence?
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Richard Henry Lee
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Who was on the Declaration of Independenc committee?
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Adams, Franklin, Jefferson, Livingston, Sherman
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What Arguments are made in the Declaration of Independence?
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Leaves the "Creator" open for interpretation, delineates power from a supreme, we have rights, have government to protect rights, king is violating rights
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What is a Constitution?
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A political and legal document establishing the structure, functions and limitations of government.
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What are the Constitutions basic principles?
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Separation of Powers, Checks and Balances, Federalism?
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How does the Separation of powers work in the American System?
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3 Separate branches that are constitutionally equal, selected by and responsible for different constituencies.
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How does Checks and Balances function in the American System?
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Gives branches oversight over the other branches.
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How does the Federalism system function in the American political system.
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Divides power between the governments and the states where the states are unified under a national government.
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What are the differences between the Presidential system and the Parliamentary system?
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Pres.: separate powers, elections, fixed terms
Parliament: combined elections, votes of no confidence. |
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What is a vote of no confidence?
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Parliament votes to rebuke the Prime Minister by calling a special election.
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What are the differences between the President and British Prime Minister?
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Pres.: Enforcer of the laws
Prime: Part of the Law making process |
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What type of legislature does the US Congress have?
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Bicameral
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What is the Commerce Clause?
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Gives Congress the power to regulate interstate commerce, has been used for the expansion of Congressional and governmental powers
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What is Legislative Review and what case established it?
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The power of the courts to overturn Legislative and Executive Acts that are deemed unconstitutional; Marbury v. Madison.
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What are the Common Features of Constitutions?
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Preamble, Structure of Government, specification of individuals, means of making amendments.
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What are the Nations without a constitution?
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Great Britain, Israel, Saudi Arabia
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What are the two stages of formally amending the constitution?
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Proposal and Ratification
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