williams gov unit 1

govt

an instituion where leaders exercise power to make and enforce laws affecting the poeple under its control

nation

a sizeable group of people who believe themselves united by a common bond of race, language, custom, religion, sometiems govt

state

a political community that occupies a definite territory & has organized govt

functions of govt

maintain laws, provide leadership, provides public services, provide national secutiry

4 features of a state

population, territory, seoverignty, government

unitary system

govt gives all key powers to central govt

confederacy

loose union of independent and sovereign states

federal system

divides powers of govt between national and state govt

consittuion

plan that provides rules for the govt

authoiritarian

govt controls all aspects of citizens economic, political, and social lives

dictatorship

power is in the hands of one ruler who has total control

oligarchy

authoritarian govt gives power to a few people/political party

monarchy

one person has great power: king, queen, emperor etc who interits the throne and heads the state

similarities and diff of democracy & republic

democracy needs citizen input to govern; republic means power is with the people, no monarch

magna cart

reocgnized the rights that were oppressed by king john. established permanent principles of govt. gaurantee of limited rights

english bill of rights

set clear limits on the monarchy

hobbes

humans are naturally cruel, selfish and greedy. purpose of govt is to protect people from their own selfishness

locke

govt is a social contract among free people. govt purpose = protect natural rights to life, liberty, property

rousseau

govt should have limited control over people’s behavior, should be freely elected. general will prioirtized (collective goal for the good fo the community as a whole)

montesquie

separation of powers (seprate but equal in power, can limit each other)

main ideas of the delcaration of indepdence

natural rights, social contract, purpose of govt, right to revolt

strenghts of americas first govt

helped 13 colonies thru the revolutionary war; created northwest ordinance; allowed national congress to delcare war

weakness

cant collect taxes, ,no president to enforce laws/court to settle legal battles; cant oversee international/interstate trade

virginia plan

proposal for strong national legistlature with 2 chambers. strong executive chosen by legislature. national judiciary appointed

new jersey plan

unicameral legislative with 1 vote per state. nationa continues as a confederation of soverign states

connecticut compromise/great compromise

bicamerical legislative branch: house of reps & senate; congress can impose taxes

bicameral

having 2 separate legislative chambers

interstate commerce

trade between the states; congress regulated it

consittuoinal convention dealing with slavery

3/5th compromise, slave trade clause (cant ban slave trade for 20 years), fugitive slave clause (escaped slave must be returned to owner)

antifederalists arguments

consitution lacked a bill of rights to protect citizens from their own govt. feared a strong nat govt would take away the rights won in the revolutionary war

fedearlists argument

only a strong nat govt could protect the nation from enemies abroad and solve the country’s internal problems

3 parts of the constition

preamble - explains purpose and goals of the new constituoinu

articles - set up the govt

amendments - changes made to the original constition

popular soveignty

people are the source of power and govt needs consent of the governed

limited govt

idea that no govt is all powerful. constitionalism = the govt must also follow the consitution

separation of powers

creation of 3 branches of govt

checks and balances

each branch has constitional checks from other branches

judicial review

power of the power to determine whether a govt act is unconstitunalf

federalism

power is divided and shared between the central govt and gederal govt

elastic clause

necessary & proper clause; gives power to congress to allow them to expand their authority if necessary

checks and balances list

ECL - vetoing bills & implementing laws

ECJ - appoint judges and pardon federal criminals

LCE - override veto, approve/reject presidential appts, ratify treaties, impeach president, reduce funding for executive agencies

LCJ - confirm/deny judicial appts, impeach federal judges; create, regulate and fund courts

JCE - rule executive actions unconsititional and preside over impeachment proceedings

JCL - rule a law unconstitional and rule of meaning of laws

1st amendment

freedom of religion speech, press, assembly, petition

2nd amendment

right to bear arms

3rd amendment

restricts the govt from quartering roops in the homes of ppl

4th amendment

protects against unreasonable searches and seizures

5th amend

right to grand jury hearing

prohibits double jeopardy

protection from self incriminiation

govt must follow due process

govt cant take away someones prviate property wo compensation

6th amend

speed and public trial, impartial jury

hire a lawyer

know charges and evidence

question all witnesses

seventh amend

civil cases to a jury

money, property, famliy members

8th amend

prohibits excsiive bail and cruel and unusual punishment

9th amend

bill of rights are not all rights

10th amend

powers not given to national govt are reserved for state govt

how can consitition be amended

propose 2/3 national, ratify ¾ states

arguments abt 2nd amendment

ppl debate whetehr the amendment intended to protect individual american's’ rights sto keep weapons unrelated to military surface. supreme court said that the amednment protected the right to use guns for legitmate reasons

13 amend

end slavery

14 amend

citizenship rights and equal protection

15 amend

right to vote not denied by race

16 amend

federal income tax

17 amend

popular election of senators

19 amend

womens right to vote

24 amend

prohibits poll tax

26 amend

right to vote at 18yo

27amend

limits pay raises in congress

local charters

state govts issue to local govts. grants the community a legal status and allows it to have a separate local govt

structure of state govt vs federal

-both have separation of powers w/ checks and balances

-both have consittional framework

difference: president vs governor executive

amending state vs US constituion

-much easier to amend state consittion

-state legislatures propose constitiinal amendments

-people propose amendments through ballot initiatives

federailsm

system of govt where power is divided b/w the central and regional govts

delegated powers/expressed powers

powers specifically mentioned in the consititon (collecting tax, coining money, declare war, grant patents)i

implied powers

not directly state in the constition, but logical extension of expressed powers

reserved powers

powers that the constition doesnt give the national ovt

concurrent powers

powers held by both the national and state govts

supremacy clause

the constition stands above all forms of law in the us

powers denied to federal govt

denied specifically in constition: tax exports, imprison wo fair trial, pass retroactive laws, grant titles of nobility

denied because not specially listed: public schools, marraiage & divorce laws

federalist venn diagram

national govt: coin money, declare war, regulate interstate commerce

concurrent: levy taxes, borrow money, establish courts, make laws

state govt: regulate intrastate commerce, establish public shcools, set marriage and divorce rules

enabling act

allows the people of a territory interestedin becoming a state to prepare a constition

federal grants

money given to state/local govts

mandates

congress takes over some functions that used to be controlled by state govts

preemption

power of congress to pass lows that allow the national govt to assume responsibility for state govt function

mcculloch v maryland

concluded that when the national govt and state govt come into conflict, national govt is supreme

national govt gaurantees + obligations to the state

-each state has republican form og govt where voters hold soverign power

-state and local govts conduct and pay for elections, can also change time and stuff

federalgovt impact on state/local govt

the federal govt provides federal grants to states and passes mandates that require state & local govts to follow certain policies

extradite

legal proces where a fugutive from justice in one state is returend to that state. prevents a person from escaping justice by fleeing the state

prviliges and immunities clause

no state can draw unreasonable distinctions between its own residents and ppl who live in other staets

full faith and credit clause

various states must recognize each others public acts, records and judicial proceedings of every other state. civil only not crimincal

interstate compacts

agreements between states. compress must approve.