GOV Test 1

Social Contract

agreement between people and gov; people give consent to be governed

Thomas Hobbs

monarchy; people are naturally bad

John Locke

limited gov.; people are naturally good

Pure Democracy

direct; where citizens vote on laws passing and budget

Representative Democracy

representative act on our behalf

Republican

voting on representatives to represent

Democracy Characteristics

gov by the people for the people; equal under law; representation; freedom; rights are protected; majority rules

Direct Democracy

people make their own decisions

Initiative

people submit law to the ballot for popular vote

Referendum

representatives submit law, people still have a say

Recall

voters can vote to remove an official from office

Participatory Democracy

broad participation; citizens have power:

Elite Democracy

rich; small number of people have the most influence

Pluralist Democracy

a group/faction; no on group dominates, but competes with each other

Pluralism

competing and collaborating powers; different groups with different opinions coexist

Massachusetts Bay Colony (1629)

General Court; self-governance and loyalty to the crown which worked till colonies embraced partial independence… a right not a privilege

Mercantilism

strain of American-British relationship, system designed to increase a nations wealth through trade control or commercial development

First Continental Congress

not to separate from England, but resolve issues

Second Continental Congress

“we need to be free” - Richard Henry Lee - Declaration of Independence

Article of Confederation

1777, binding the state to a league of friendship; not united yet

Articles of Confederation (fails)

9 States would need to agree for a law to pass; States had authority to govern authorities; only congress; one vote regardless of size

Virginia Plan (BIG)

James Madison and Edmund Randolph; national gov. gets power from the people; 3 branches; 2 house legislature; legislature has the power to select the executive and judiciary

New Jersey Plan (small)

William Paterson; strengthen articles, not replace; one house legislature - one vote each state; Congress has the power to raise and collect taxes; Supreme Court

The Great Compromise (Connecticut Plan)

ideas from both VA and NJ Plan; (VA)two house legislature; (NJ)House and Senate; national power is supreme over state gov.; created supreme court and allowed federal taxation

3/5 Compromise

each slave would be counted as 3/5 of a free person

Federal System

power is divided and shared between the national, state and local gov.

Division of Powers

assigns national and reserve state and local

Separation of Powers

took ideas from French philosopher: Montesquieu; 3 branches; seperatly staffed; constitutional equality

Legislative Powers

pass fed laws, pass fed budget, declare war, regulate trade, lay and collect taxes, create/provide form army and navy

Legislative Check on Executive

impeachment on president, override presidents veto by 2/3 vote; power of the purse

Legislative Check on Judiciary

impeach federal judges; change the number of fed courts and number of judges; propose constitutional amendments to override judicial decisions (never has happened)

Executive Powers

enforce laws and court orders; make foreign treaties; nominate officers of the US gov, and federal judges; serve as Commander in Cheif of the armed forces; pardon people convicted in fed courts

Executive Checks of Legislature

veto legislation; call Congress into special session; implement or fail to implement law passed by Congress

Executive Check on Judiciary

appoint fed judges; refuse to implement decisions

Judicial Powers

interpret law from the US Constitution

Judicial Checks of Legislature

declare fed legislation unconstitutional

Judicial Checks on Executive

declare executive branch actions unconstitutional; presides over presidential impeachment trials

Article One

Establishes the Legislative branch - making law and bicameral legislative

House qualification

US citizen of 7 years; live in the state; 25 years old

Senate qualification

US citizen of 9 years; live in the state; 30 years old

Article 1 Section 8

specific powers on Congress

Article Two

full executive branch - law enforcing sing president (fed 70); selected through electoral college

President qualifications

4 year office; natural born citizen; 35 years old; 14 years of residence

Article Three

establishes Judiciary - creates Supreme Court and details jurisdiction Congress was given the power to create lower national courts

Article Four

• Full Faith and Credit Clause - understanding between states that they will honor laws and rulings of other states

• Privileges and Immunities Clause - state cannot treat citizens of others states in a discriminatory manner

Article Five

details the process for amending constitutions; 2/3 both houses 3/2 all state legislature

Article Six

Supremacy Clause - national gov. is more powerful; deeply concerned Anti-Feds and established US federalism

Article Seven

detailed the process for ratification; 9 of 13 states had to approve to make official

Supremacy Clause

national gov. is more powerful; deeply concerned Anti-Feds and established US federalism

Full Faith and Credit Clause

understanding between states that they will honor laws and rulings of other states

Privileges and Immunities Clause

state cannot treat citizens of others states in a discriminatory manner

Federalists beliefs

strong central gov., constitution protects personal freedom, pro-business, national debt to establish credit, political power with wealthy rich men

Democratic-Republican beliefs

weak central gov., constitution limits personal freedoms, against national bank, wanted to pay-off national debt, political powers with standing man, against standing military

The Federalists

Madison, Hamilton, Washington, Adams, John Jay = 85 essays

The Anti-Federalists

Jefferson, P. Henry, G. Clinton, Winthrop, = scared of necessary and proper and supreme clause

Anti-Federalists refused to ratify Constitution

Bill of Rights must be promised

• fed power was needed to limited and checked

• big, strong central gov. was the only way to truly protect valued civil rights

• a list was not perfect and there is always something to add

1st Amendment

freedom of/from religion, freedom of speech, freedom of the press, freedom of petition and to peaceably assemble

Establishment Clause (from religion)

Engle vs. Vitale - forcing children to pray in NJ public schools

Free Exercise Clause (of religion)

Wisconsin vs. Yoder - taking Amish children out of school after the 8th grade

Protected speech

Tinker vs. Des Moines - wearing black arm band to not support the fight in the Vietnam War

Unprotected speech

Schenck vs. US - flyers handed out to influence young men to dodge the draft

New York Times vs. US

gov. cannot block media before it is released (prior-restraint)

2nd Amendment

the right to keep and bear arms

McDonald vs. Chicago

allowed to own a gun for protection, and the states must follow the Bill as Rights as well

3rd Amendment

no quartering soldiers in peace-time without homeowners consent

4th Amendment

freedom from unusual search and seizure, except with probable cause - Exclusionary Rule

5th Amendment

the right to Due Process the law, freedom from self-incrimination, double jeopardy, protects private property from gov. acquisition

6th Amendment

CLIAP

Gideon vs. Wainwright

poor man convicted of crime, cannot afford lawyer or someone to defend - right to know charges and testify

Miranda Rights

list of right the police must tell the convicted

7th Amendment

right to trial by jury in fed courts for certain civil cases, $20

8th Amendment

prohibits excessive bail fines and cruel and unusual punishment

9th Amendment

people have more powers than are listed

10th Amendment

limits the powers of the fed gov. to those delegated to by the Constitution

11th Amendment

states cannot sue non-citizens of that state

12th Amendment

distinction between president and vice president vote

13th Amendment

abolished slavery

14th Amendment

grants full citizenship; colored people not count as 1

Baker vs. Carr

gerrymandering is “okay” but keep an eye on it

Shaw vs. Reno

racial gerrymandering is never okay

Brown vs. Board of Education

cannot take away rights to get a fair education

15th Amendment

black men can vote

16th Amendment

income tax

17th Amendment

direct election of US senators

18th Amendment

prohibition

19th Amendment

EVERYONE is allowed to vote

20th Amendment

president start date is Jan. 20, Congress start date is Jan. 3 - lame duck

21st Amendment

repeals 18th

22nd Amendment

limits president to only 2 terms

23rd Amendment

rep in D.C. in Electoral College; 3 votes

24th Amendment

bans poll tax - Grandfather Clause

25th Amendment

defines presidential succession

26th Amendment

lowers voting age to 18

27th Amendment

limits Congressional pay raises

Federal System

central gov. where all level of gov. get its power from the people, a way to fix the confederation system in opposition from British unitary

John Marshall (1801-1835)

identified balance of power between federal and state gov.

Marbury vs. Madison (1803)

established the power of judicial review where fed. courts have the power to say it is unconstitutional/constitutional (Power Placement)

McColloch vs. Maryland (1819) BANK

Congress chartered the Second Bank of the US, Supreme Court said unanimously that the fed. enumerated power through Necessary and Proper Clause does have the power to establish national bank

• first case that truly defined federalism

• Maryland said that non-Maryland banks must buy tamped note paper, pay $15,000, or go out of business

• McColloch refused this

Gibbons vs. Ogden (1824)

Commerce Clause; who would get trade on the Hudson with NY and NJ- none, the national gov. because commerce lays with them

US vs. Lopez (1995)

teen in Texas took a gun to school - ruled as commerce; Guns-Free Act unconstitutional; Ruled Congress had overstepped ruling guns in school is not a commerce ruling; states gov. controlled school and enforced the Gun-Free Schools Act