unit 1 va us govt

bill of rights

• intended as restrictions to the national govt not the states

• felt basic rights needed to be added to the constitution

1st amendment

• allows for freedom of the press, religion, speech, assemble, and to petition

• assemble allows for protest & petition means right to complain about the govt without fear of punishment

2nd amendments

• provides the right to bear arms

militia

a military force raised from civilians in order to support the armed forces in a time of emergency

3rd amendment

• forbids having to “quarter” (provide housing) for a soldier without consent

• written after the revolutionary war when citizens were forced to house British soldiers

4th amendment

• makes search and seizure without a warrant or probable cause illegal

• does not apply in a school setting , in order to maintain safety

5th amendment

• allows for a witness to decline to answer a question that might incriminate them in a crime

• “pleading the 5th”

• also holds “double jeopardy” that prohibits someone from being tried twice if crime previously acquitted

6th amendment

• allows the right to a speedy trial and to be judges by an impartial jury, to be confronted by witnesses, and present witness to support your court case

7th

• allows for trial by jury in a civil case

• any amount over 20

• civil case deals with $$$

8th amendment

• protects from cruel and unusual punishment as well as prohibits excessive bail or fines ( not 500mill $$$ )

• bail usually determines by judge

9th amendment

• protects rights not exactly spelled out in the constitution - can be fairly liberally interpreted

10th amendment

• powers not given to the national govt nor prohibited are given tot he states or to the people

AOC structure

• each states with 1 vote in congress - regardless of pop.

• no ex. branch

• no jud. branch

• no elections for pres.

• congress would elect one member as “presiding offficer"

powers of congress under the AOC

• make war and peace

• make treaites

• borrow money

• raise an army / navy

weaknesses of the AOC

• no power to tax

• can only raise money by borrowing

• no power to regulate trade between the states

federalists

• strong national govt w/ ex. branch

• govt by elite

• thought checks and balances protected rights

• james madison, alexander hamilton

antifederalists

strong states goovt

direct election of officials

govt run by common man

wnated bill of rights to protect

patrick henry, george mason, sam adams

virginia plan

• proposed by James madison

• called for three sep. govt. branches

• leg. branch would be 2 houses

new jersey plan

• deleware , maryland, new jersey, and new york did not agree with the VA plan

• proposed by william patterson

• wanted unicameral congress

conneticut compromise

• congress should be divded into 2 houses

• what ab slavery? —→ 3/5ths compromise

• house based on population (bigger states more representatives)

limited govt

• no govt is all powerful, govt may only do things people have given it the power to do

constitutionalism

govt must follow the law

separation of powers

powers are distributed among 3 independent branches

checks and balances

each branch is subject to a number of constitutional checks by other branches

judicial review

power of courts to determine the constitutionality of a govt action

federalism

division of power among a central govt and several regional govts

1st method of amending

may be proposed by a 2/3 vote in each house of congress

must be ratified by ¾ of the state legislatures (state congress)

2nd method of amending

an amendment may be proposed by a national convention, called by congress, at the request of 2/3 rd of the state legislatures but then must be ratified by 3/4th of state legislatures

13th amendment

ends slavery

14th amendment

equal protection under the law

15th amendment

prohibits denying the right to vote based on race

28th amendment

prohibited the manufacturing and sale of alcohol

19th amendment

provided women the right to vote

21st amendment

repealed the 18th amendment

26th amendment

lowers voting age to 18

articles of confederation (1781)

• no executive branch

• no national court

• supermajority to make laws (9/13)

• needed all 13 states to amend AOC

• no ability to regulate commerce

shays rebellion

farmers rebelled against courts foreclosing on farms

government

the institution through which society makes and enforces its public policies

legistlative branch

• power to make law and frame public policies

excecutive branch

power to execute, and administer law

judicial branch

power to interpret laws, to determine their meaning, and to settle disputes that arise within society

population

a group of individuals living in a defined area, often forming a political community

territory

land and recognized boundaries

sovereignty

has supreme and absolute power within its own territory and can decide its own foreign and domestic policies

democracy

• supreme political authority is held by the people. Government is run by the people

direct democracy

people work together in mass meetings to make laws, typically only works in small communities

indirect democracy

• representative democracy - representatives are elected in order to make laws for their people

dictatorship

• where the government doesn’t really care what the people want

autocracy

•  a single person holds unlimited power

oligarchy

•  the power to rule is held by a small, typically self appointed, elite group

unitary

• centralized government - all powers held by the government belong to a single, central agency

federal

• power is divided between a central government and several local governments

confederation

• an alliance of independent states

the 1st colonial legislature

Virginia house of burgesses

athens, greece

direct democracy

-only male citizens with military training could vote

rome italy

indirect democracy

-only qualified men could vote

magna carta(great charter)

signed in 1215 by English Barons & King John

• trial by jury

• due process of law

• protection of life, liberty, property

• protections only for privileged people

english petition of rights

1628 - sent to king charles I complaining of broken laws

recognition of 4 principles

• no taxation without consent of the parliment

• no imprisonment without cause

• no quartering of soldiers by citizens

• no material law in peacetime

king accepted - later ignored the petition

limited the kings power

english bill of rights

written by members of parliament during the reign of william and mary to prevent abuse of powers

• prohibited standing army in peacetime without consent of parliament

• guaranteed the right to a fair trial, freedom from excessive bail, and from cruel and unusual punishments

13 colonies

virginia, rhode island, conneticut, new hamp, new york, new jersey, pennsylvania, delaware, maryland, north carolina, south carolina, and georgia, massachusetts

• each settled with grant by king

• the king named the governor - advisory council named by the king to advise governor

virginia colony

• virginia began as commercial venture

• later on it was not profitable enough so charter was revoked

• colonists were employees of the VA company of london

massachusetts colony

• settled because seeking religous freedom

bicameral govt

a lower house was the obdy elected by property owners qualified to vote forming this house

pennsylvania colony

• settled as proprietary colony settled by an owner appointed by the king

• had a unicameral govt

thomas hobbes

• believed that people were inherently wicked and selfish

• Thinks that people gave up their individual sovereignty in exchange for peace and order provided by the state

• Helped to create the ideas of popular sovereignty and limited government

john locke

• Believed that people are born with 3 natural rights - life, liberty, and property

• Believed in the idea of limited government that relies entirely on the consent of the governed

• Government has legitimacy because the people give it authority, not God

baron montisque

• believed in a separation of powers to protect people’s freedoms

• Influenced the idea of checks and balances

george mason

• was responsible for the Virginia Declaration of Rights

• Stated that Virginians should have certain rights including freedom of religion and freedom of the press

thomas jefferson

• wrote the Virginia Statute for Religious Freedom

• He believed that all people should be free to worship however they wanted

• This was the first time that religious freedom was protected by law

• This also became part of the 1st Amendment of the Constitution

james madision

• who later became the 4th President of of the US, is considered the “Father of the Constitution”

• He wrote the “Virginia Plan” during the Constitutional Convention, which proposed much of what became our national government

• He proposed a federal government with 3 separate branches:

  • Legislative 

  • Executive

  • Judicial

• He also wrote much of the Bill of Rights

rousseau

• believed that “All Men are Created Equal”

• Did not believe in rights for women, slaves, or people who did not own land

articles of confederation (1781)

• no executive branch

• no national court

• supermajority to make laws (9/13)

• needed all 13 states to amend AOC

• no ability to regulate commerce

articles of confederation weaknesses

• no national military

• trade and commerce

• taxation

• one vote per state

• had trouble raising money

shays rebellion

farmers rebelled against courts foreclosing on farms

tbc

tbc

thomas hobbes

• believed that people were inherently wicked and selfish

• Thinks that people gave up their individual sovereignty in exchange for peace and order provided by the state

• Helped to create the ideas of popular sovereignty and limited government

john locke

• Believed that people are born with 3 natural rights - life, liberty, and property

• Believed in the idea of limited government that relies entirely on the consent of the governed

• Government has legitimacy because the people give it authority, not God

baron montisque

• believed in a separation of powers to protect people’s freedoms

• Influenced the idea of checks and balances

george mason

• was responsible for the Virginia Declaration of Rights

• Stated that Virginians should have certain rights including freedom of religion and freedom of the press

thomas jefferson

• wrote the Virginia Statute for Religious Freedom

• He believed that all people should be free to worship however they wanted

• This was the first time that religious freedom was protected by law

• This also became part of the 1st Amendment of the Constitution

james madision

• who later became the 4th President of of the US, is considered the “Father of the Constitution”

• He wrote the “Virginia Plan” during the Constitutional Convention, which proposed much of what became our national government

• He proposed a federal government with 3 separate branches:

  • Legislative 

  • Executive

  • Judicial

• He also wrote much of the Bill of Rights

government

the institution through which society makes and enforces its public policies

legistlative branch

• power to make law and frame public policies

excecutive branch

power to execute, and administer law

judicial branch

power to interpret laws, to determine their meaning, and to settle disputes that arise within society

population

a group of individuals living in a defined area, often forming a political community

territory

land and recognized boundaries

sovereignty

has supreme and absolute power within its own territory and can decide its own foreign and domestic policies

democracy

• supreme political authority is held by the people. Government is run by the people

direct democracy

people work together in mass meetings to make laws, typically only works in small communities

indirect democracy

• representative democracy - representatives are elected in order to make laws for their people

dictatorship

• where the government doesn’t really care what the people want

autocracy

•  a single person holds unlimited power

oligarchy

•  the power to rule is held by a small, typically self appointed, elite group

unitary

• centralized government - all powers held by the government belong to a single, central agency

federal

• power is divided between a central government and several local governments

confederation

• an alliance of independent states

the 1st colonial legislature

Virginia house of burgesses

athens, greece

direct democracy

-only male citizens with military training could vote

rome italy

indirect democracy

-only qualified men could vote