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hobbes
enlightenment thinker known for his social contract theory and the belief in absolute sovereignty. the leviathan
john locke
enlightenment thinker who advocated for natural rights and government by consent. favored a representative government and the right to rebellion against unjust rulers.
charles montesquieu
enlightenment thinker; checks and balances
jean-jacques rousseau
enlightenment thinker; “we the people..”
structure of the US constitution
preamble: states the goals and purposes of government
articles (7): explain how the government is to work
I: legislative branch
II: executive brach
III: judicial branch
IV: all states must respect anothers’ laws + explains the process of adding new states
V: how to be amended
VI: constiution is the supreme law of the land
VII: constitution would take effect when 9 states ratify it
amendments (27 + counting): additions to the constitution
thematic breakdown of the amendments
individual rights
civil war/civil rights
suffrage rights
government operations + powers
prohibition
eminent domain
the government’s right to take private property
double jeopardy
putting someone on trial for the same crime of which he or she was previously found innocent
virginia plan
two chambers, representation based on population (large- state plan)
new jersey plan
one chamber, representation equal (small-state plan)
great compromise
two chamber congress; house representation based on population, senate representation equal
3/5 compromise
slaves counted as 3/5 of a person when counting population. for representation in congress and taxing
federalists v. anti-federalists
feds: in favor of the new constitution, strong national government
anti-feds: not in favor of the new constitution, afraid a strong national government would result in a tyranny, bill of rights
joseph j. ellis on founding fathers
achievements: created the first modern nation-state based on liberal principles, defeated the most powerful army during that time, established the first large-scale republic in the modern world, invented political parties, and established the principle of the legal separation of church and state
failures: allowance of slavery and their inability to implement a just policy toward the indigenous inhabitants of north america
federalist papers
fed 10: james madison; dangers of faction, only way to control them is large-scale republic
fed 51: james madison; separation of powers + checks and balances
fed 70: alexander hamilton; executive branch should consist of a single person (president)
fed 78: alexander hamilton; judicial branch would have the power of judicial review
brutus no. 1
the first publication that began a series of essays: the federalist and anti-federalist papers. poses questions about and critiqued the then-proposed constitution. the proposed national government had too much power.
free exercise clause
protects the rights to practice religion freely.
articles of confederation
the first written constitution of the US. had many flaws. strong federal government, weak national government. only one branch. no power to tax or regulate trade (national gov)
constitutional convention
(1787) meeting in Philadelphia where delegates from twelve states decided to completely scrap the weak articles of confederation and, instead, drafted the entire US constitution, establishing a new, stronger federal government.
key clauses in the consitution
necessary and proper clause: to make all laws which shall be necessary and proper
probable clause: strong reasons to think that the person or property was involved in a crime
supremacy clause: constitution, federal laws, and treaties are the "supreme law of the land."
establishment clause: prohibits congress from making any law respecting an establishment of religion
due process clause: guarantees that the government cannot deprive a person of life, liberty, or property, without due process of law
federalism
a system of government in which power is formally divided and shared between a national (federal) government and several regional (state or local) governments
fundamental principles of the constituion
popular sovereignty: government is created and sustained by the consent of its people
limited government: bill of rights; limits the government from taking away peoples rights
separation of powers: three branches that distribute power
checks branches check and balance each other, no branch has more power than others
federalism: a system of government in which power is formally divided and shared between a national (federal) government and several regional (state or local) governments
natural rights: rights given to the people that cannot be taken away
marbury v. madison
established the principle of judicial review
enumerated powers
powers specifically listed for congress
implied powers
powers not specifically stated in the constitution but that are reasonably suggested or inferred as necessary for the federal government
reserved powers
the powers that are neither specifically granted to the federal government nor specifically denied to the states by the constitution, and are therefore kept or "reserved" for the states or the people.
concurrent powers
powers shared by the national and state governments
libel
written false statements that harm someone’s reputation
slander
spoken false statements that harm someone’s reputation
search warrent
court order allowing police to search property
indictment
formal charge accusing someone of a crime
due process clause
guarantees fair treatment under the law
equal protection clause
requires laws to apply equally to everyone
suffrage
the right to vote
why we limit civil liberties
to protect safety, order, and others’ rights
checks and balances
system where the branches limit each others powers
impeachment
process to remove a government official from office
brown v. the board of education
(1954) supreme court case that ended segregation in schools
nonviolent resistance
peaceful protest against injustice
jim crow laws
laws enforcing racial segregation in the south
black codes
laws that kept african americans from holding certain jobs, gave them few property rights, and limited their rights in other ways
voting rights act
(1965) a landmark US federal law that prohibits racial discrimination in voting, enforcing the fifteenth amendment by banning tactics like literacy tests and authorizing federal oversight to ensure all eligible citizens, regardless of race or color, have an equal opportunity to register and vote
civil rights act
(1964) outlawed discrimination based on race, color, religion, sex, or national origin in major areas of American life, including public accommodations, public education, and employment