Kaarten: Chukus US deel politics and legal system | Quizlet

When did America become an independent country?

In the late 18th century.

Why did early Americans oppose a strong central government?

They associated it with British oppression from which they had just escaped.

What were the Articles of Confederation?

The first US constitution, creating a loose league of independent states with a very weak central government.

What problems arose under the Articles of Confederation?

Economic instability and poor international relations led to calls for a stronger federal system.

Who were the Federalists?

Supporters of a strong federal government, mainly merchants, who backed the new constitution drafted in Philadelphia.

Who were the Anti-Federalists?

People who favoured an agricultural society, opposed the new constitution, and wanted to protect state sovereignty and individual rights.

What was the Bill of Rights?

Ten amendments proposed to address Anti-Federalist concerns, guaranteeing individual rights and limiting government power.

Why was the Bill of Rights added?

To gain support for the Constitution by ensuring certain freedoms would be permanently protected.

When was the new Constitution drafted?

In 1787.

How was the ratification process of the Constitution structured?

At least 9 out of 13 states had to ratify it for it to become legally binding.

When did the Constitution start gaining traction?

By December 1787, five states had signed; by June 1788, the ninth state signed.

When did the new government begin operating under the Constitution?

In March 1789.

Who was the first president of the United States and when was he inaugurated?

George Washington, inaugurated in April 1789.

When did all 13 states ratify the Constitution?

By May 1790.

What were the three key compromises needed to approve the Constitution?

Balance of representation between large and small states, three-fifths compromise for counting slaves, and Congress's right to tax imports.

Why were these compromises important?

They helped unite the North and South under the new Constitution.

What are the four principles of the American Constitution?

Republicanism, Federalism, Separation of Powers, and Checks and Balances.

What does republicanism mean in the American context?

No one is privileged by birth in politics; all citizens are politically equal.

What is federalism?

A system where power is divided between the federal government and the individual states.

What are the three separated powers in the US government?

Legislative (Congress), Executive (President), and Judicial (Supreme Court).

What are checks and balances?

A system to ensure that no single branch becomes too powerful by giving each some control over the others.

How does the US system differ from a parliamentary system?

Members can only belong to one branch, and there's a loose link between the government and Congress.

How is the US president elected?

Through the Electoral College, where voters choose electors who then vote for the president.

Why was the Electoral College created?

To stand between the people and the presidency, mirroring state populations in a federal framework.

What is the legislative branch of the US government?

Congress, which includes the House of Representatives and the Senate.

What is the difference in term length between the House and the Senate?

Senators serve 6 years; House representatives serve 2 years.

Who do senators and representatives represent?

Senators represent entire states; representatives serve specific districts within states.

Why is the House considered closer to the people?

Members have shorter terms and are more responsive to shifts in public opinion.

What is reapportionment?

The process of adjusting the number of House seats per state every 10 years based on population counts.

What is the executive branch?

The presidency.

Why can't the president be a member of Congress?

To maintain the separation of powers between the executive and legislative branches.

How has the power of the president changed over time?

Though limited in theory, it has grown significantly in practice.

What are delegated powers?

Powers that belong exclusively to the national government.

What are reserved powers?

Powers left to the states for local and particular interests.

What are concurrent powers?

Powers shared by both the states and the national government.

How has federal power grown over time?

Through lawmaking, political pressure, and disputes over concurrent powers, leading to a shift from state to federal dominance.

What was dual federalism (1800-1920s)?

A period where the Supreme Court limited national government power, keeping issues like health and safety under state control.

What was cooperative federalism (1930s-1960s)?

A period of collaboration between national and state governments, with federal involvement in local issues and financial support to states.

What is new federalism (1970s-now)?

A reaction against federal overreach, where states sought more autonomy, but federal power continued to grow despite efforts.

How do state and federal government structures compare?

Both have written constitutions, separation of powers, and systems of checks and balances.

How are state legislatures structured?

Like Congress, with two houses typically called the state senate and the state assembly.

How are state constitutions different from the US Constitution?

They are longer and more detailed.

Who is the executive at the state level?

The governor.

How is a governor's power stronger than the president's?

They have more control over the state budget and can use a line-item veto.

How is a governor's power weaker than the president's?

They have limited appointment powers, less control over law proposals, and must share power with independently elected state executives.

How does the state judiciary differ from the federal one?

State judges are often elected, and the state supreme court may not have the final say in major cases.

What types of local government exist in the US?

Special districts, counties, towns, cities, boroughs, and school districts.

Who creates local governments in the US?

The states create local governments and determine their powers.

Do local governments have sovereignty?

No, all local powers are delegated by the state.

Why do local government systems vary across the US?

Each state develops its own system and legal definitions, often based on historical and local conditions.

What are ordinances?

Local laws enacted by local governments.

What are arguments for the large number of local authorities?

It is democratic, allows citizen participation, and supports policy experimentation.

What are arguments against the large number of local authorities?

It can overwhelm voters and reduce participation due to complexity.

Why does law play such a big role in the US?

Due to individualism, constitutionalism, and legalism in American culture.

How is individualism connected to law in the US?

The frontier mentality and self-reliance encouraged legal independence and protection of individual rights.

What is constitutionalism in the US?

A belief that the Constitution is the ultimate guide and protection for citizens.

What is legalism in the US?

A belief that legal processes can resolve conflicts and clear individuals through the courts.

What are the two types of law in the US?

Civil law (compensation) and criminal law (punishment).

What are the two sources of US law?

Common law (based on precedent) and statutory law (based on written laws).

Which US state did not adopt the English common law system?

Louisiana, due to its French heritage.

How is statutory law different from common law?

Statutory law is based on legal texts passed by legislatures, while common law evolves from court decisions.

What are the three levels of law in the US?

Federal law, state law, and local law.

How many federal District Courts are there?

94 District Courts.

What do federal District Courts handle?

They handle most federal cases involving criminal and civil law.

How many Courts of Appeal are there?

12 Courts of Appeal.

What do the Courts of Appeal do?

They handle appeals from District Courts and federal agencies.

What is the role of the US Supreme Court?

It is the highest court and hears cases involving the Constitution, federal law, and conflicts between states.

How many justices are on the Supreme Court?

9 justices (8 judges and 1 chief justice).

What is judicial review?

The Supreme Court can compare state constitutions with the federal Constitution to ensure compliance.

How does the Supreme Court typically interpret cases?

It tends to play a conservative role, favouring the Constitution and tradition.

What characterises the state and local court systems in the US?

They are complicated and vary individually by state.

Why do state laws differ across the US?

Each state has its own constitution.

What do state and local courts decide?

Guilt or innocence in state criminal cases and civil disputes under state law.

What is the role of local courts?

They are the lowest courts in the state system and have limited jurisdiction.

What are two key differences between state and federal judiciary?

State judiciary handles state laws and constitutions; federal judiciary deals with federal law and constitutional issues.

What role does the Supreme Court play in federalism?

It ensures that state laws align with the U.S. Constitution, maintaining federal supremacy.

Why do Americans strongly identify with law?

Due to individualism, constitutionalism, and legalism.

How does individualism shape American views on law?

The frontier mentality encouraged self-reliance and the idea of moving away when society gets crowded or intrusive.

What is the historical significance of the "frontier" in American culture?

It symbolized freedom, movement, and individual opportunity—core values tied to legal independence.

What is constitutionalism in the U.S. context?

The belief that the Constitution is a sacred, guiding document that protects individuals from government abuse.

Why is the Constitution considered sacred in American culture?

It represents a common foundation for a diverse population and a check on government power.

How did Trump challenge constitutional norms?

He refused to cooperate with Congress, raising concerns over separation of powers.

What is legalism in American culture?

The belief that all conflicts can be resolved fairly and clearly through legal processes.

How do populists typically relate to legal institutions?

They undermine and ridicule legal institutions, framing them as obstacles to the will of the people.

What are the two types of law in the U.S.?

Civil law and criminal law.

What is civil law about?

Compensation for harm or damage in personal matters like divorce or custody.

What is the focus of criminal law?

Punishment for actions that harm society, such as theft or murder.

What are the two main sources of American law?

Common law and statutory law.

What is common law?

Case-based law developed from judicial decisions and precedent, originating from English tradition.

What is statutory law?

Written laws passed by legislatures that assign specific punishments to crimes.

How did American states initially develop their legal systems?

Most adopted common law systems based on English law, except Louisiana which used French-style statutory law.

Why is Louisiana's legal system unique?

It is based on French statutory law instead of English common law.

How has the balance between common law and statutory law changed over time?

Statutory law has become more dominant in the U.S. legal system.

What challenge does the variation in state law pose for lawyers?

Lawyers must be licensed in each individual state where they want to practice.

What is the structure of the federal court system?

94 District Courts → 12 Courts of Appeal → U.S. Supreme Court.

What is the role of the U.S. Supreme Court?

It is the highest court in the land, handling constitutional and inter-state disputes.

How are Supreme Court justices selected?

They are nominated by the president and confirmed by the Senate.

Why do Supreme Court justices have significant political influence?

Their interpretations of law shape major issues like abortion and civil rights.

What types of cases does the Supreme Court hear?

Constitutional issues, conflicts between states, and appeals where justice may have been denied.

How often does the Supreme Court hear cases?

About 100 per year out of roughly 7,000 submissions.