American Government and Politics

Quiz 2

3/5 compromise

·       Counted 3/5 of a states slave population for purposes of representation in the house of rep. Each slave counted as 3/5 of a person

Bill of rights

·       This was a list of ten things the government could not do. Written to protect citizens’ individual rights.

·       Most federalists didn’t even believe it was necessary

·       Many historians contended that it was written only to appease the anti-federalists.

Federalists

·       Supported ratification of the constitution

·       Wanted strong central government

The Constitution and its structure

·       Structure of government is established in the articles of the document

Constitution

·       Written primarily by James Madison

·       First ratified by Delaware in 1787, Rhode Island is number 13 in 1790

New Jersey plan

a proposal presented at the Constitutional Convention of 1787. It aimed to create a unicameral legislature with equal representation for each state, regardless of population size. This plan was designed to protect the interests of smaller states against larger ones, contrasting with the Virginia Plan, which favored representation based on population.

Virgina Plan

was a proposal presented at the Constitutional Convention of 1787. It called for:

• A strong national government with three branches: legislative, executive, and judicial.

• A bicameral legislature with representation based on state population.

• The ability for the legislature to veto state laws.

The plan favored larger states and was a key factor in shaping the U.S. Constitution.

Articles of Confederation

Unknown

were the first constitution of the United States, ratified in 1781. They established a weak central government, granting most powers to the individual states. Key features included:

• Unicameral legislature

• No executive or judicial branches

• Each state had one vote

• Amendments required unanimous consent

- were replaced by the U.S. Constitution in 1789 due to their ineffectiveness in governing the nation.

Amendments

are formal changes or additions proposed to a legal document, such as a constitution or law. In the context of the U.S. Constitution, there are 27 of them that outline fundamental rights and government structure. The first ten are known as the Bill of Rights, which guarantees individual freedoms and protections.

Legislature

·       the body of government that makes laws

bicameral legislature

·       Meaning it has two chambers: house of rep and senate

·       Article 1, section 8: Commerce clause

grants Congress the power to regulate commerce with foreign nations, among the several states, and with the Indian tribes. This clause is foundational for federal regulation of economic activity and has been interpreted to allow a broad scope of federal authority over interstate commerce.

Executive

·       the branch of government responsible for executing the laws, putting them into effect. Article 2 spells out the structure of this branch

The president

·       Head of the executive branch

The executive branch

created the establishment of the electoral college

Judicial power

·       The power to interpret laws and judge whether a law has been broken. Article 3 spells out the structure for this branch

Judicial Branch

·       This was the “least dangerous” branch because it has the power of neither the purse nor the sword

Judicial review

is the power of courts to assess whether a law, policy, or executive action is in accordance with the constitution. It allows the judiciary to invalidate laws and decisions that are deemed unconstitutional, ensuring a system of checks and balances within government.

Amenability

·      - is the provision for the constitution to be changed. It is somewhat difficult and has only been done seventeen times since the constitution was ratified. (Ten amendments were attached to the original constitution via the bill of rights).

Amendments

·       May be proposed either by a 2/3 vote of the house and the senate or, when 2/3 of the state’s request it, by a constitutional convention whereby the blank must be approved either by the legislature of ¾ of the states or by conventions of ¾ of the states.

The Bill of Rights

is the first ten amendments to the United States Constitution, ratified in 1791. It guarantees essential rights and civil liberties, including:

1. First Amendment: Freedom of speech, religion, press, assembly, and petition.

2. Second Amendment: Right to bear arms.

3. Third Amendment: Protection from quartering of soldiers.

4. Fourth Amendment: Protection against unreasonable searches and seizures.

5. Fifth Amendment: Rights in criminal cases, including due process.

6. Sixth Amendment: Right to a fair trial.

7. Seventh Amendment: Right to jury trial in civil cases.

8. Eighth Amendment: Protection against excessive bail and cruel punishment.

9. Ninth Amendment: Rights not specifically enumerated.

10. Tenth Amendment: Powers reserved to the states or the people’s given rights

Civil Liberties

are fundamental rights and freedoms protected from government interference. They include:

• Freedom of Speech: The right to express opinions without censorship.

• Freedom of Religion: The right to practice any religion or none at all.

• Right to Privacy: Protection against unwarranted government intrusion.

• Due Process: The right to fair legal proceedings.

• Equal Protection: The guarantee that individuals will be treated equally under the law.

These rights are often enshrined in constitutions and legal frameworks.

Federalism

·       Is the power sharing arrangement where political authority is divided in different levels

·       Each level has some power and independence so that no level is entirely dependent on the other for its existence.

·       National VS State

Enumerated powers of Congress

·       congressional powers that are specifically named in the constitution,found in article 1 , section 8. Examples the power to tax, the power to pay debts, and the power to coin money

Necessary and proper clause

·       Constitutional authorization for congress to make any law required to carry out its power; also known as the elastic clause, found in article 1 section 8 clause 18.

Supremacy clause

·       constitutional declaration in article VI that the constitution and laws made under its provisions are the supreme law of the land. If there is a conflict between federal and state law, federal law prevails

Concurrent powers

powers shared by the federal and state governments, such as the power to tax citizens, to build roads, to establish lower courts

Two current trends

Government is growing at federal and state levels, gradual strengthening of federal government at the expense of states

John Marshall

·       Strengthened the constitutional powers of the federal government

Civil war

·       National domination of the states

The new deal

: national programs stimulated economy and created citizens’ expectations of their government

Civil Rights

·       federal government acted against states

Devolution

·       the transfer of powers and responsibilities from federal government to the states. This trend existed in the late 1980s and early 1990s. Most agree it died completely after September 11, 2001

Congress

·       continues to try to influence state policy because it is beneficial politically.

Congress influences state policy

o   No national government influence ( but no funding)

o   Categorical grants

o   Block grants

o   Unfunded mandates

·       The desire for devolution has not died away, but its fate is unclear because current issues favor federal government

o   Terrorism

o   social issues

o   Recession

The establishment clause

is part of the First Amendment to the United States Constitution. It prohibits the government from establishing an official religion or unduly favoring one religion over another. This clause is often interpreted to ensure the separation of church and state, preventing government endorsement or support of religious activities.

Separationists

·       a wall of separation between church and state

refer to individuals or groups advocating for the separation of a particular group from a larger entity, often for political, cultural, or religious reasons. This term is commonly associated with movements seeking autonomy or independence, such as in regions with distinct ethnic identities or historical grievances. Examples include the Quebec sovereignty movement in Canada and various nationalist movements worldwide.

Accommodationists

accommodation of non- preferential treatment of religion

refer to individuals or groups that advocate for a compromise or adjustment between differing beliefs or practices, often in contexts such as religion, politics, or social issues. They seek to find common ground rather than insisting on strict adherence to one side's views. This term is often used in discussions about the relationship between science and religion, where accommodationists may argue for a harmonious coexistence of both.

How do we solve conflicting rights

·       Sue the courts

·       President can executive order and do something to enact it

·       Interests’ groups to advocate on your behalf

·       Pass laws