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Declaration of Independence
gov must protect natural rights: life, liberty, and the pursuit of happiness
social contract: Government gets power from the consent of the governed
basis for constitution and bill of rights
Articles of Confederation
-first national gov after declaration of independence, replaced by constitution, power to the states
-weak central gov: no executive, no judiciary, no power to tax(interstate/commerce)
- laws 9/13 states, amendments, 1 vote per state
Constitution overview
-3 branches gov/seperation of powers, power to tax(interstate commerce),
-amendments: 2/3 congress, ¾ states
-checks and balances, federalism
-elite, pluralist, and participatory democracy
Preamble - goals of the constitution
“form union, justice, tranquility”
Article I - Legislative Branch (congress)
house of reps + senate
Powers: tax, declare war, regulate commerce, make laws
(Elastic Clause = implied powers), necessary and proper clause
Article II - Executive Branch (president)
-enforces laws
-treaties, militia, foreign affairs, appointments, veto
Article III - Judicial Branch (supreme court)
interprets constitutional laws
federal courts(states)
approval of senate
Article IV - State Relations
-rights and privileges for every citizen
Article V - Amendment Process
proposal: 2/3 congress
ratification: ¾ states
constitutional convention: 2/3 states
Article VI - Supremacy Clause
Supremacy Clause: Constitution = supreme law of the land
federal laws over state laws
Article VII - Ratification
-9/13 states ratify constitution
Bill of Rights
protect individual liberties from federal abuse
BofR - 1st Amendment
freedom of religion (Free Exercise + Establishment Clauses), assembly, press/petition, speech
BofR- 2nd Amendment
Right to bear arms
BofR - 3rd Amendment
Right to not quarter soldiers , no quartering of troops
BofR- 4th Amendment
No unreasonable search and seizure
BofR- 5th Amendment
Legal rights: due process of law
-no self-incrimination
-rights of accused
-grand jury
-no double jeopardy
BofR- 6th Amendment
Right to fair, impartial, speedy, public, trial
-right to attorney appointed by state
BofR- 7th Amendment
Right to Civil trial by jury
BofR- 8th Amendment
No cruel or unusual punishment(torture, extreme sentances)
-no excessive fines
BofR- 9th Amendment
Individual rights
-right to privacy
-rights not listed in the constitution
BofR- 10th Amendment
Reserved power to the states
-Powers not given to the federal government go to states or people
13th Amendment
Abolished slavery 📝 Passed after Civil War. First of the Reconstruction Amendments.
14th Amendment
Equal Protection
no state can make laws that take away rights of ppl
citizenship
15th Amendment
right to vote for US citizens
-Voting can’t be denied based on race
19th Amendment
Women’s suffrage
-cant discriminate against sex
- Key victory for the women’s rights movement.
24th Amendment
bans federal and state govs from taxing voters during elections
-eliminate economic barriers to voting
26th Amendment
Lowers voting age to 18
Federalist #10 - JM
control factions(dangerous) in a large republic
Factions (interest groups/parties) are inevitable due to human nature
control effects: large representative republic (pluralism), take away causes
representation refines public views through elected leaders
pluralist democracy
Federalist 51 - JM
How the structure of government protects liberty,
Constitution’s structure uses checks and balances and separation of powers to prevent tyranny and protect individual freedom
federalism
gov in 3 branches: Legislative, Executive, Judicial
legislative most powerful
Federalism #70 - AH
energetic & forceful executive force protects liberty better than a weak or divided one
Protection against foreign attacks
Steady administration of the laws
Protection of property and liberty
separation of powers (executive to balance legislative) checks and balances
Federalist #78 - AH
prevent abuse of power from passing unconstitutional laws
advocates for an independent judiciary, life tenure for judges, and the concept of judicial review as a safeguard of the Constitution and individual rights
judiciary = "least dangerous" branch, crucial check power of the other branches (legislative, executive)
Brutus #1 - anti-federalist
dangers of a large centralized gov bc it cant represent views of ppl
highlighting small republic for protection of state and individual rights
the potential for tyranny
the lack of a Bill of Rights
growing power of the federal judiciary
historical evidence: confederation of states, federalist papers, city states and ancient rome
Letter From Birmingham Jail - Martin Luther King
civil rights movement: justice, civil disobedience, and constitutional rights
right to protest, civil disobedience, equality under the law, and the role of the judicial system in ensuring justice for all citizens
1st amendment: civil disobedience aligns with right to freedom of speech and peaceable assembly
Fourteenth Amendment's Equal Protection Clause, fed gov needs to ensure safety under law
call for justice and equality : balance btwn gov authority and individual rights