Final Study Guide

Government

The institution through which a society makes and enforces its public policies such as taxes, defense, education, crime and healthcare.

Legislative

Makes the laws. (Congress)

Executive Branch

Enforces the laws. (President)

Judicial

Interprets the laws. ('Supreme Court)

Constitution

The body of fundamental laws setting out the principles, structure, and processes of a government.

4 characteristics of a state

Population

territory

sovereignty

government

State

A body of people living in a defined territory who have a government with the power to make and enforce law without the consent of any higher authority.

Force theory

One person/group claimed control over an area and its people.

Evolutionary theory

State developed naturally from family.

Divine right theory

God created the state and that God had given those of royal birth a "divine right" to rule.

Social contract theory

The people have given away some of our personal freedom so the government has power.

Democracy

A form of government in which the supreme authority rests with the people.

Direct Democracy

A form of government in which policies and laws are decided by majority.

Indirect Democracy

A form of government in which people elect representatives to rule in their interest.

Republic

A form of government in which citizens choose their leaders by voting.

Dictatorship

A form of government in which the leader has full power.

Autocracy

A system of government in which one person has absolute power.

Oligarchy

A government ruled by a group of powerful people

Unitary

A government that gives all key powers to the central government.

Federal

A government that all the power is given to the central states.

Confederation

A government in which all power is given to the state.

Presidential Government

A separation of powers between the executive and the legislative branches of the government.

Parliamentary Government

A government where the people elect members of parliament.

4 aspects of capitalism /free eneterprise

Private ownership of property-a citizen may purchase property from another citizen at a mutually agreed upon price rather than one dictated by the government.

Individual instinctive-private enterprises control land, labor, and capital and seek to maximize profit and efficiency.

Profit-provide an incentive to work harder, innovate more, produce things more efficiently.

Competition-private businesses compete to provide consumers with goods and services that are better, faster, and cheaper.

Ordered Government

The government can regulate the relationships between people.

Limited Government

People retain certain rights for themselves.

Representative GOVERNMENT

The idea of the government is there to serve the will of the people.

First Continental Congress

September 5-October 26,1774

John and Sam Adams, Roger Sherman, Stephen Hopkins, John Dickinson, Joseph Galloway, John Jay, Phillip Livingston, Washington, Richard Henry Lee, P. Henry, and John Rutledge sent declaration of rights to King George.

Urged colonies to refuse trade with Britain until taxes regulations were repealed.

Second Continental Congress

Began in May 1775, all 13 colonies sent representatives, selected George Washington to lead the army, and was basically the first U.S. government.

Declaration of Independence

The people should rule instead of being ruled.

Importance of individuals and equality.

Consent of the governed as basic rather then divine right

Important ideas in the first state constitutions

Popular sovereignty, limited government, civil rights and liberties, separation of power, checks and balances.

What were the Articles of Confederation?

Established a 'firm league of friendship' among states for their common defense, the security of their liberties, and their mutual and general welfare."They should only have the legislative branch.

What problems resulted from the Articles of Confederation?

Couldn't tax, couldn't regulate trade among states, and laws could not enforced

3 major compromises that created the Constitution

Connecticut compromise (also known as the Great Compromise), Three-Fifths Compromise, and Commerce and Slave trade compromise.

Virginia Plan

-3 branches

-legislature-bicameral-# of reps in each house determined by the population

-presented May 29 by Edward Randolph

New Jersey Plan

-3 branches

-legislature-unicameral - each state equally represented

-presented June 15 by William Patterson

Connecticut Compromise

A compromise adopted at the Constitutional Convention providing the state with equal representation in the senate and proportional representation in the House of Representatives.

Three-Fifths Compromise

It determined that three out of every five slaves was counted when determining a state's total population for legislative representation and taxation.

Three-Fifths Compromise what was it really about?

The states with slaves wanted more power in the government.

Commerce and Slave Trade Compromise

Convention agreed Congress had to have the power to regulate foreign and interstate trade but slave states insisted on compromises before passing this congressional power. Could not trade between nations.

Federalists Papers

Papers that argued in favor of ratification.

What did the Federalists believe?

They liked the new government and opposed the Articles of Confederation.

Which part of the country tended to lean towards the Federalists?

New England, Virginia, North Carolina, and South Carolina

What did the anti-Federalists general believe?

They disagreed with the Declaration of Independence because of the power of the National government and lack of a bill of rights.

What part of the country did the anti-federalist generally come from?

Massachusetts and New York

What role did the Bill of Rights play in passing the constitution?

The Federalists agreed to pass a bill of rights immediately after the Constitution was ratified.

the preamble

introduction to the constitution

general format for the constitution

preamble, 7 articles, 27 amendments

general format for the constitution article 1

congress (legislative branch)

general format for the constitution: article 2

executive (presidential)

general format for the constitution: article 3

judicial (courts)

general format for the constitution: article 4

state/ federal gov relations

general format for the constitution: article 5

amendments

general format for the constitution: article 6

supreme law of the land

general format for the constitution: article 7

ratification

basic principles of the constitution: popular sovereignty

the people are the source of all government power

(the people rule)

basic principles of the constitution: limited government

the government can only do things that the people have given it power to do

(the rule of law)

basic principles of the constitution: separation of powers

these powers are distributed between 3 distinct and independent branches of the government

basic principles of the constitution: checks and balances

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

basic principles of the constitution: judicial review

the power of the court to determine the constitutionality of the government

basic principles of the constitution: federalism

the division of power among a central government and several regional governments

Marbury vs. Madison: what happened/ why is it important

Jefferson won the 1800 election over Adams. Adams (federalist) tried to appoint party members as they were leaving, William Marbury was one the appointed ones. Jefferson was angry and told Madison not to deliver the applications

the court could declare actions of the other two branches of the government to be unconstitutional

2 ways to propose an amendment

congress can do this by a 2/3 vote in each house

national convention can do this by requested by 2/3 of the states

2 ways to ratify an amendment

state legislature can do this by a vote of ¾ of the state

state convention can do this by a vote of ¾ of the states

other ways the constitution can be amended without changing any of the words: basic legislation

farmers left the constitution “skeletal” so congress has passed a number of laws to spell out the constitution brief provisions

other ways the constitution can be amended without changing any of the words: executive action

action of the president: commander and chief, executive agreement, issue an executive order

other ways the constitution can be amended without changing any of the words: key decisions of the supreme court

the supreme court is “a constitutional convention in continuous session”

other ways the constitution can be amended without changing any of the words: activities of political parties

although political parties were not included in the constitution, they have played a major role in shaping our government and its process

other ways the constitution can be amended without changing any of the words: custom

president will only serve 2 terms: never said that the vice president would take the place of the president when he died until it was added

federalism

a system of government with a written constitution divides the power between central gov and state gov

delegated powers

the national government only has those power delegated (granted) to it in the constitution

delegated powers: expressed

the constitution say it directly what powers it has

ex.the power to declare war, regulate foreign and interstate commerce, conduct foreign relations, coin money, and raise and maintain a military

delegated powers: implied powers

powers not expressed in the constitution but reasonably suggest by the expressed powers

ex.the power to regulate commence implies the ability yo punish tax evaders

delegated powers: inherent powers

a reasonable and logical extension of the powers delegated to the president and congress

ex.the power to control immigration, the power to acquire territory, and the power to quell insurrections.

delegated powers: elastic clause

(under implied powers) congress shall have the power to make all laws to carry out their expressed power: can also do things to

exclusive powers

power only the national gov has

ex. coin money, regulate trade, conduct relations with foreign countries, establish post offices, gov. territories, have an army, declare war/ make peace, establish immigration and naturalization laws.

concurrent powers

powers the national government and the states both have

ex. tax, barrow money, charter banks, pass bankruptcy laws, establish courts, build roads, take property for public purposes, pay debts

10th amendment

federal gov only has those powers delegates in the constitution

powers denied to the states

cant enter treaty’s, cant print/coin money, cant tax agency’s of the federal government, cant deny life liberty and property

where does the supremacy clause appear in the constitution

article 6 para 2

the supremacy clause

if there is a conflict between federal and state law the federal gov will win bc of this… it says:

the constitution, law of congress, treaties of the us, are the supreme law of the land

McCulloch v Maryland

Maryland hoped to put the 2nd national bank out by placing heavy tax on all bank notes issued by the Baltimore branch McCulloch refused to pay the tax and Maryland convicted him until the supreme court reversed it.

this established that while the federal gov. it has limited powers, it is always the supreme when acting with regard to the powers they it does have

admitting new states

people request administration> congress passes enabling act> contention prepares constitution> people vote in proposed state to approve constitution> constitution submitted to congress for approver;> congress passes act of admission> president signs act.

interstate compacts (ex.)

agreements among themselves foreign states… with congressional approval

ex.Compact on Juveniles allows all 50 states to share law enforcement data.

full faith and credit (ex)

constitution requirement that each state accept publics act judicial records to give full faith in other records

extradition

states are required to extradite a criminal back to the state

privileges and immunities (ex)

no state can draw unreasonable distraction on its own residents and other from other states

ex.include life, liberty, and property, but also include the right to sue, the right to protection of a federal Marshall, and the right to run for federal office and vote in federal elections

reserved powers

power reserved to the state

bicameral

the house has 2 chambers the house and the senate

why is our legislation bi-cameral

-historical British had a bicameral legislature and most of the 13 original states were using it

-physical had to pick it because of the Connecticut compromise

-theoretical extension of the idea of separation of powers and checks and balances

how long is a term in congress

2 years

how often is congress in session

2 sessions per 1 year

what are special sessions

when the body convenes outside of normal legislative session

how many members are in the house

435

who determines the seats in the house

seats are apportioned based on apportioned of states

apportionment and reapportionment

every 10 years there is senates to recount the population seats of the house are result of the census (the # of seats each state gets)

redistricting

redrawing state lines, each states is divided into a number of districts that equal the number of seats in the house- the districts vote on 1 rep

term length in the house

2 year

when are federal election held

the first Tuesday after the first Monday in November