POS 2041 Mini Quiz #1

Traditional democratic theory

One government depends on the consent of the governed, given directly or to reps.

Pluralist theory

Interest groups compete in political arena, promoting their own interests and resulting in conflict.

Elite theory

Small number of powerful elite form upper class

Bureaucratic theory

Hierarchial structure that allows bureaucrats to hold real power over public policy

Hyper pluralism

democracy system of many groups, with them pulling in many different directions at the same time and causing gridlock

Magna Carta

First attempt to limit government power. Granted trial by jury, due process of law, and protections against taking of life, liberty and property.

John Locke

Supported social contract: an agreement between government and governed

2nd Treatise on Civil Government (1689)

John Lock,

Argued people are born with natural rights (life, liberty, property).

Believed governments exist to protect those rights, if they fail the people can change the government.

Mayflower Compact (1620)

Social contract

Agreed to establish government based on consent of governed

Limited government

Petition of Right (1628)

Extended Magna Carta to include commoners

Restricted monarch from taxing without consent of parliament, declaring martial law during peacetime, housing military in homes without consent, and guaranteed trial by jury

English Bill of Rights

Agreement between Parliament and King William

Guaranteed free parliamentary election, gave citizens rights to fair and speed trial, freedom from excessive bail, prevented cruel and unusual punishment, prohibited suspension of public laws, made it illegal to tax without consent of Parliament

Declaration of Independence

Made by Thomas Jefferson

Three parts: theory of government based on social contract and natural rights, list of grievances against king and parliament, statement of unity and separation from Britain

Articles of Confederation

Written by second continental congress

Created a confederation

Weak unicameral legislatuire

No national executive or judicial branch

No power over the states (they could enter treaties, coin their own money, and tax other states)

Government couldn’t deal with nation’s economic chaos and violence

Northwest Ordinance

Passed under the Articles:

created government structure

made method for admitting new states

listed a bill of rights

Shay’s Rebellion

Led by Daniel Shays

Rebelled over taxes and imprisonment of debtors

Massachusetts militia had to take down farmers when they attacked an arsenal

Weaknesses of the Articles of Confederation (8)

Created a confederacy: constitution made a federal system of government

Congress couldn’t tax: National government was given power to tax

Congress couldn’t regular interstate/foreign commerce: Congress was given power to regulate interstate/foreign commerce

No national executive to enforce acts of Congress: Article 2 made the executive department to enforce the laws of Congress

No national judiciary to handle disputes between states: Article 3 created national judiciary (Supreme Court) and established lower courts

States had power to coin money: only national government can coin money

Each state only had one vote: states are represented based on population in house of representative, kept the equality in Senate

9/13 states had to approve to pass legislation: bills just need a majority in both houses of Congress

Unanimity required to amend Articles: 2/3 of Congress and ¾ of states necessary to amend constitution

Constitutional Convention

Formed to revise Articles of Confederation

12/13 states present (Rhode Island)

agreed on new government being a republic, federal system with sharing of powers between a strong central government

The Great Compromise

Known as Connecticut Compromise

Made to settle conflict between Virginia and New Jersey plans

made house of representatives and senate

Three-Fifths Compromise

Southern states wanted slaves counted for representation, north opposed and wanted South to pay taxes on slaves

Compromise: South could count 3/5 of slaves and had to pay taxes (they were never collected)

Main rifts that occurred when needing 9/13 states to ratify the Constitution

Federalists vs Anti Federalists

85 art6icles were written to generate support for Constitution (The Federalist Papers), written by James Madison, Alexander Hamilton, and John Jay)

Federalist vs Anti Federalist views (6)

Favored constitution: opposed constitution

Argued for strong government to protect nation: wanted strong state government and feared strong national government

Wanted checks and balances to protect against abuses: had strong executives like a monarchy

Wanted protection of property rights: wanted fewer limits on population participation

Had Bill of Rights with limited actions and reserved power for states: wanted bill of rights to protect people against national government

Constitution Basic Principles (3)

Limited government

popular sovereignty (people are the source of government’s authority)

Separation of powers (three branches)

Checks and balances (each branch is restrained by the other two branches)

Federalism (government power divided between the national government and the states)

Legislative Power

Power to make law

Legislative checks over executive

Can override president’s veto with 2/3 vote of both houses

Can impeach and remove president from office

Senate can refuse to confirm presidential appointments to ratify treaties

Creates executive agencies and programs

Appropriates funding

Legislative checks over judicial

Creates lower federal courts

Sets salaries for federal judges

Can refuse to confirm judicial appointments

Can propose constitutional amendments to rule over court decisions

can impeach and remove federal judges

Executive power

Power to reinforce and enforce laws

Executive checks over legislative

President can veto acts of Congress

President can call special sessions of Congress

President can recommend legislation

Executive checks over judicial

President appoints federal judges

President can grant reprieves and pardons to federal criminals

Can refuse to enforce court decisions

Judicial branch power

Interprets the law

Judicial checks over legislative

deem legislative acts unconstitutional

chief justice presides over impeachment trial

Judicial checks over executive

Can rule executive actions unconstitutional

Article I

Legislative branch, longest

Article II

Executive branch

Article III

Judicial branch

Article IV

Intergovernmental relationships, full faith and credit clause (documents working across states), privileges and immunities clause (prevents states from discriminating against citizens of other states)

Article V

Amendment process

Article VI

Supremacy of the constitution (it is the supreme law of the land)

Article VII

It’s own ratification process (still original from back when 9/13 states)

Amendment process (4 ways)

EITHER:

Amendment proposed by 2/3 vote of each house of Congress

Amendment proposed by a national convention called by Congress at request of 2/3 state legislatures

THEN EITHER:

Amendment is ratified by 3/4 state legislatures

Amendment is ratified by ¾ of state conventions

Informal Amendment Process (2)

Changing the way the government works but not officially changing the written constitution

Can happen by:

Legislative action: congress passing acts that have altered or made clear the meaning of the Constitution (Judiciary Act 1789)

Executive actions: presidents using their powers to create executive agreements and expand presidential authority

Judicial Review: courts declaring legislative and executive actions unconstitutional (those actions not being part of the constitution)

Customs and usage: traditions that are “unwritten rules” (not running for 3 presidential terms)

Marbury v Madison

Established principle of judicial review (affirming the supreme court the power to strike down laws that violate the Constitution)

Writ of mandamus

Court order forcing a public official to perform an action