Law and Justice Unit 1 Study Flashcards

Rule of Law

The principle that everyone, including government officials and rulers, must obey the law.

The king was not supposed to be completely above the law.

Why does this matter today?

The United States operates under the principle that the president, Congress, judges, police officers, and ordinary citizens are all subject to the law.

Due Process

Due process means that government must follow fair and established procedures before taking away a person's life, liberty, or property.

Examples today include:

• The right to a fair trial

• Notice of legal charges

• The opportunity to defend yourself

• Impartial legal procedures

The idea of due process eventually became an important part of the 5th and 14th Amendments.

Magna Carta

• The Magna Carta was originally issued in England in 1215.

• It was an agreement forced upon King John by English nobles that established important principles limiting the power of the king.

• Although the Magna Carta did not create modern democracy, it became an important influence on later ideas about constitutional government and individual rights.

Limited Government

Definition

• Government power is restricted by the Constitution and the rule of law.

• Government officials cannot simply do whatever they want.

Example

The president cannot eliminate elections simply because the president wants to remain in office.

Articles of Confederation

• The Articles of Confederation were the first constitution of the United States.

• They were adopted during the American Revolution and went into effect in 1781.

• The Articles created a confederation, meaning the states retained most of the political power.

Federalism

• Federalism is a system in which governmental power is divided between a national government and state governments.

Federalist

A federalist is someone who supports a system of government where power is divided between a central national authority and individual states or provinces.

Anti-Federalist

a person or member of a political coalition in early U.S. history who opposed the ratification of the 1787 U.S. Constitution and the creation of a strong centralized national government.

Great Compromise

Resolved the disagreement between large and small states.

Created a bicameral Congress:

House of Representatives

• Representation based on population.

Senate

• Two senators per state.

Three Fifths Compromise

• For purposes of representation and taxation, enslaved people were counted as three-fifths of a person.

• This compromise reflected and protected the political interests of slaveholding states.

• Important: This was a deeply unjust provision of the original Constitution. It was later rendered obsolete by the 13th, 14th, and 15th Amendments.

Ratification

The Constitution required 9 of the 13 states to ratify it before it could take effect.

Separation of powers

Branch	Main Institution	Basic Function
Legislative	Congress	Makes laws
Executive	President	Enforces laws
Judicial	Federal courts	Interprets laws

Government power is divided among three branches:

1. Legislative

2. Executive

3. Judicial

Purpose

• To prevent too much power from being concentrated in one person or institution.

Checks and Balances

• Each branch of government has powers that can limit or check the other branches.

Examples

Congress → President

• Can override a presidential veto with sufficient votes.

• Controls funding.

• Can impeach and remove federal officials.

President → Congress

• Can veto legislation.

Courts → Congress/President

• Can declare government actions unconstitutional.

Senate → President

• Confirms many presidential appointments.

• Must approve treaties by a two-thirds vote.

Popular Soverignty

• The ultimate source of government power is the people.

• Government receives its authority from the consent of the governed.

Example

“We the People”

• The opening words of the Constitution express the idea of popular sovereignty.

• Elections are another major example.

Republicanism

• Citizens exercise political power through elected representatives.

• The United States is a republic, rather than a direct democracy.

Example

Citizens elect:

• Members of Congress

• State legislators

• Governors

• Many local officials

Enumerated Powers

Powers specifically given to the federal government by the Constitution.

Reserved Powers

Powers kept by the states - 10th amendment

Concurrent Powers

Powers shared by both federal and state governments.

Surpremacy Clause

The Supremacy Clause is found in Article VI, Clause 2 of the Constitution.

It establishes that the following things are the Supreme Law of the Land

• Constitution

• Federal laws made pursuant to the Constitution

• Treaties

Why is this important?

• When a valid federal law conflicts with a state law, the federal law generally takes precedence.

Example

Suppose:  

• Congress passes a constitutional federal law concerning an issue.

• A state passes a law that directly conflicts with that federal law.

• Under the Supremacy Clause, the valid federal law takes priority.

Important Limitation

• The federal government does not automatically win every dispute with a state.

• The federal action must itself be constitutionally authorized.