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1st ammendment
freedom of speech, religion, press, assembly, and petition
2nd ammendment
right to keep and bear arms
3rd ammendment
prohibits the forced quartering of soldiers
4th ammendment
protects against unreasonable searches and seizures; needs warrant or probably cause
5th ammendment
ensures rights to due process, protects against self-incrimination, and prohibits double Jeopardy.
6th ammendment
right to speedy and public trial, legal council, and to confront witnesses
7th ammendment
right to trial by jury
8th ammendment
no excessive bail or fines, no cruel or unusual punishment
9th ammendment
citizens have rights not listed in the constitution
10th ammendment
the federal government an only do things in constitution, anything else belongs to the states and citizens
ideals of democracy
natural rights
popular sovereignty
social contract
limited government
natural rights
all people have certain rights that cannot be taken away, that are given to them by God, not a monarch or ruler.
popular sovereignty
all government power comes from the consent of the people
social contract
people give up some of their freedoms to maintain social order.
characteristics of a limited government
separation of powers
checks and balances
federalism
republicanism
separation of powers
power is divided among different branches of government to prevent any branch from becoming too powerful
checks and balances
each ranch of government is given constitutional means to limit the power of the other branches
federalism
systems like the U.S., power is further divided vertically between a national government and state governments, decentralizing authority.
republicanism
government should be based on the consent of the governed and emphasizes individual rights, civic virtue, and the common good.
the European Enlightenment
an intellectual movement emphasizing reason, individualism, and skepticism of traditional authority
this influenced U.S. government by promoting natural rights, social contract theory, and separation of powers.
representative republic
a form of government where citizens elect officials to make decisions and pass laws on their behalf, balancing popular sovereignty with institutional limitations.
types of democracy
participatory
pluralist
elite
participatory democracy
emphasizes broad participation in politics and civil society
citizens vote on laws directly, not through representatives
shown through state laws mostly
initiatives, referendums
shown in constitution through seperation of powers between the fed government and the state governments
elite democracy
emphasizes limited participation by a few, well-educated and informed statespeople who are qualified to direct the nation through law making on behalf of the people
example includes electoral college and supreme court justices.
shown in constitution through it providing elected representatives that legislate on behalf of the people
pluralist democracy
group based activism by nongovernmental interests which work to impact political decision making
interest groups, ie NAACP, NRA
shown in constitution through stating in order to get a law passes, various interests, both states and otherwise, have to comprimise to get it done
federalists
wanted more centralized power in the federal governemnt
antifederalists
power should stay with the states
state powers
powers granted to the individual states
includes establishing schools, intrastate commerce, conducting elections
federal powers
powers given to the national government
includes printing money, maintaing treaties with foreign nations, declaring war
concurrent powers
shared powers between the federal and state governments
includes collecting axes, enforcing laws, protecting public health and safety
confederation
an association of states with some authority delegate to a national government
the U.S. under the articles of confederation
the states in such a system retain most of the power, but the national government is authorized to carry out some functions, such as a diplomatic relations.
unitary government
only one central government has authority over a nation
there are no levels of government that share power, power is note shared
federal governmet
decentralized
power is shared by a powerful central government and the staes
public involvement: citizens can elect local, state, and federal representaitves
access: a greater # of interests can be represented across levels, ensuringthat the government will be more responsive to public concerns
weaknesses of articles of confederation
federal government only had one branch (legislative)
all 13 states had to agree to an amendment of the articles
no power to raise taxes
no national currency
Congress had no power to raise a national army
shays rebellion
farmers who had gotten in to debt while they were off fighting the war, and they wanted relief from taxes because they were serving their country
did not get relief, so they raised militia
massachusets could not raise a national army to come help fight militia
shined bright light on weaknesses of articles
constitutional convention
called to fix issues w/articles of confederation
the great comprimise
how would people be represented in new Congress?
comprimise of the Virginia plan and the new jersey plan
bicameral legislature, house of representatives apportioned by population, Senate apportioned equally with one member per state
virginia plan
argued that representatives ought to be apportioned by population
bigger states would have more representatives and smaller states would have less
interests of small states would never prevail
larger states have the advantage over smaller states
new Jersey plan
argued that representatives ought to be apportioned equally: each state gets one vote
small states have the advantage over big states.
electoral college
each state is given the same # of electors as they have representatives in Congress, and it is the electors who put the president in office
3/5 comprimise
how would enslaved people account for representation int eh House of Representatives
comprimise between slave-holding and non-slave hold states (south and north) was that slaves accounted for 3/5 of the population and taxes
importation of enslaved people
slave trade wouldn’t be touched until 20 years, and it was abolished in 1808
proposal of ammendment
either Congress or special state convention can propose an ammendment
2/3 vote is needed to pass the ammendment on to the next state
ratification of ammendments
proposed amendment must be ratified or accepted by ¾ of the states
can be done by state legislatures or state ratifying conventions
if ¾ of states approve, it becomes an official amendment to the constitution
advantages of federalism
prevents growth of tyranny
provides training for future leaders
permits a uniform country with different opinions
keeps people closer to the government
encourages expirimentation
legislative branch
branch of gov’t responsible for making, amending, and passing law
consists of the congress, which is the house or representatives and the Senate combined.
executive branch
the branch of government that enforces laws, including the bureaucracy and the president.
judicial branch
system of federal courts and judges that interprets laws, applies them to the real-world, and decides if laws violate the constitution.
legislative checks on the executive
power of advise and consent, a checking power specifically designated to the senate
power of impeachment
executive checks on legislative
can check Congress through veto, but Congress can override this through 2/3 vote
judicial checks on legislative
the power of judicial review, to declare laws unconstitutional
stakeholder
anyone with a vested interest in the outcome of policymaking
speaking into law
interest groups can pay professional lobbyists to meet with representatives to make them aware of the group
average citizens can write letter or emails to representatives.
neccessary and proper clause
clause that gives Congress what are considered implied powers
article one section 8
implied powers
powers that are assumed to be true without being specially stated.
commerce clause
gives Congress the power to regulate the “movement of goods, services, and people across state lines”.
article 1, section 8
intrastate commerce
trade inside one state
power of state
interstate commerce
trade with between two states
power of congress
expressed powers
powers expressed or stated in the constitution by the founders
aka enumerated powers
implied power
political powers granted to the United States government that are not explicitly stated in the constitution
reserved powers
powers that the states excercise but generally the federal government does not.
14th ammendment
granted citizenship and equal civil and legal rights to all African Americans, especially those who had been emancipated after the American civil war
all persons now counted as citizens
equal protection of the law
due process clause
no one shall be “deprived of life, liberty or property without due process of law” by the federal government
included in the 5th and 14th amendments
revenue sharing
distribution of a potion of federal tax revenue to state and local governments
mandated funds
federal money distributed to states with specific directives
categorical grant
federal money distributed to states who meet specific federal standards
block grant
federal money distributed to states with broad boundaries