government FINAL

Foundations of US Constitution

What are the three parts of the Constitution

-preamble

-7 articles

-27 Amendments

Preamble

Introduction, states purpose/goals of government

7 Articles

The “body” establishes framework (branches, federalism, Amendment process)

27 Amendments

Formal changes, includes Bill of Rights (first 10 amendments)

Order of Bill Of Rights, Articles of Confederation, Constitution, and Decleration of Independence

1. Decleration of Independence- “break up letter)

2. Articles of Confederation- first attempt of Constituion but too weak (couldn’t tax, authority)

3. Constituion- created a stronger federal government

4. Bill of Rights- satisfied Anti Federalists, first 10 amendments

Political Parties vs. Interest Groups

Political parties- seek to control government by winning elections and holding office

Interest Groups- Seek to influence policy on specific issues but do not run their own candidates for office

Plurist Theory

Idea that politics is a competition between many groups, where no single group dominates

Basically lots of groups compete to be heard and share their opinions like a group of students who want better food and a group of parents who want it to be healthy

What are the Six Basic Principals (aka the main ideas behind the Constitution)

***memory trick! People Let Some Children Jump Freely

Popular Sovereignty (power resides with the people)

Limited government (government is not all powerful, it must follow rule of law)

Separation of power (division of power into Legislative, Executive, Judicial Branches)

Checks and Balances (each branch can restrain the other)

Judicial Review (power of courts to declare laws unconstitutional)

Federalism (division of power between national and state governments)

10th Amendment

States that powers not delegated to the federal government are reserved to the states (known as the Federalism Admendment)

Necessary and Proper Clause

Gives congress the power to make all laws “necessary and proper” for carrying out its expressed powers allows federal government to expand its reach into areas like enviourmental or labor laws

Basically gives flexibility to the government and lets congress not have to only pass laws that were literally written in the Constitution

US form of government

US is a Representative Democracy with a Federal System

Advantages of Federalism

Federalism Definition: power is shared between the national government and state governments to balance power so one level of the government doesn’t get too strong

Allows for “laboratories of democracy “ (states can try policies first)

Prevents tyranny and increases political participation

Limited Government

The government doesn’t have unlimited power, it must follow the law. It must follow the constitution, bill of rights, and principal that it only possesses enumerated powers

What was wrong with the Articles of Confederation?

The Articles of Confederation was the first form of national government. Its main issue was that it was too weak. They didn’t have any power to tax, no national army, no court system, states had too much power, and it was hard to pass laws (9 out of 13 had to agree)

How did they fix the Articles of Confederation?

Fixed it by replacing the Articles of Confederation with the United States Constitution

Gave the federal government the power to tax, creating an executive branch, creating national courts (judicial branch), balancing powers between state and federal courts

Federalists vs. Anti Federalists

Federalists- supported the Constituion and a strong central government

Anti Federalists- opposed it, feared tyranny and loss of state power and wanted the Bill of Rights to be added to protect individual rights

Agreement- A Bill of Rights would be added after ratification to protect individual liberties

How to change Constitution

Propose/suggest the amendment

Either 2/3 of Congress votes for it

Or

2/3 of states call a convention (rare)

Ratify/approve the amendment

¾ of states must approve (38 states out of 50)

This process is difficult which was intentional

Popular Sovereignty

The power of the government comes from the people

War Powers Act

A law that limits the presidents power to use the military

It says: if the president needs troops somewhere, they must notify congress within 48 hours. Yes, he may be commander in chief but he doesn’t have full control

Judicial Review- what court case established this?

The power of the court to strike down Laws

Marybury v. Madison established Judicial Review

Reasonable Restrictions

Free speech: you cannot yell “fire” in a crowded theater

Freedom of assembly: you can protest but might need a permit to use public streets

Right to Bear Arms: can’t carry a gun into a courtroom

“Rights are protected but the government can set reasonable rules to maintain order”

5th Amendment

Protects you before and during a trial: due process, double jeopardy (can’t be tried twice for the same crime), etc, you dont have to testify against yourself (I plea the fifth)

6th Amendment

Protects you during the trial: speedy and public trial, impartial jury, right to a lawyer, right to call witnesses

Plea Bargain

An agreement where a defendant pleads guilty to a lesser charge for a lighter sentance

9th Amendment

States that people have rights beyond what’s written in Constitution

13th Amendment

Abolished slavery

14th Amendment

Citizenship/equal protection/due process

Ratified after Civil War

15th

Voting rights for men of all races

Ratified after Civil War

Incorporation Doctrine

Using 14th Amendment (citizenship rights) to apply the Bill of Rights to state governments, not just federal government