Study Cards for gov
Key Ideas:
Separation of Powers: Dividing government into three branches (Legislative, Executive, Judicial) to prevent abuse of power.
Checks and Balances: Ensures accountability by allowing each branch to limit the power of the others.
Ambition Countering Ambition: Recognizes human desire for power and uses structured competition between branches to maintain balance.
Role of Federalism: Power is divided between state and federal governments to further prevent tyranny.
Important Quote:
"If men were angels, no government would be necessary."
5th Amendment:
Protections:
Right to remain silent (protection against self-incrimination).
Double jeopardy clause (cannot be tried twice for the same crime).
Due process clause (fair treatment under the law).
Eminent domain (just compensation for government property seizures).
6th Amendment:
Rights of the Accused:
Speedy and public trial by an impartial jury.
Right to be informed of charges.
Right to confront witnesses.
Right to legal counsel.
8th Amendment:
Protections:
Prohibition of excessive bail or fines.
Ban on cruel and unusual punishment.
Purpose: Address weaknesses in the Articles of Confederation and create a stronger federal government.
Key Figures:
George Washington: Presided over the convention.
James Madison: "Father of the Constitution"; contributed to key proposals.
Alexander Hamilton: Advocated for a strong central government.
Major Debates: Representation in Congress, balance of power between states, and the role of slavery.
Outcome: Drafting of the U.S. Constitution, ratified in 1788.
Issue: Debate over representation in Congress:
Virginia Plan: Representation based on population (favored by large states).
New Jersey Plan: Equal representation for all states (favored by small states).
Solution:
Bicameral legislature:
House of Representatives: Representation based on population.
Senate: Equal representation (two senators per state).
No executive branch to enforce laws.
No judiciary to resolve disputes between states.
Congress lacked power to tax or regulate trade.
Amendments required unanimous consent.
States operated like independent countries, leading to disunity.
5th Amendment Connection:
Hammurabi's Code introduced principles of fairness and due process, similar to the 5th Amendment’s protection against self-incrimination and guarantee of due process.
8th Amendment Connection:
Hammurabi's Code imposed harsh punishments, which contrast with the 8th Amendment’s prohibition of cruel and unusual punishment.
Authoritarian Government:
Power concentrated in a single leader or small group.
Limited political freedoms and centralized control.
Examples: North Korea, historical monarchies.
Democratic Government:
Power derives from the people through voting and participation.
Emphasis on individual rights, equality, and rule of law.
Examples: U.S., Canada, France.
Direct Democracy: Citizens participated directly in decision-making.
Key Institutions:
Ekklesia: Assembly for major decisions.
Boule: Council managing daily affairs.
Dikasteria: Courts with citizen jurors.
Limitations: Only free male citizens could participate; women, slaves, and foreigners were excluded.
Meaning: Government derives its power from the consent of the governed. The people are the ultimate source of authority.
Relation to the Declaration of Independence:
Asserts that governments exist to secure the rights of the people and derive their powers from their consent.
Key Quote: "Governments are instituted among Men, deriving their just powers from the consent of the governed."
Key Ideas:
Separation of Powers: Dividing government into three branches (Legislative, Executive, Judicial) to prevent abuse of power.
Checks and Balances: Ensures accountability by allowing each branch to limit the power of the others.
Ambition Countering Ambition: Recognizes human desire for power and uses structured competition between branches to maintain balance.
Role of Federalism: Power is divided between state and federal governments to further prevent tyranny.
Important Quote:
"If men were angels, no government would be necessary."
5th Amendment:
Protections:
Right to remain silent (protection against self-incrimination).
Double jeopardy clause (cannot be tried twice for the same crime).
Due process clause (fair treatment under the law).
Eminent domain (just compensation for government property seizures).
6th Amendment:
Rights of the Accused:
Speedy and public trial by an impartial jury.
Right to be informed of charges.
Right to confront witnesses.
Right to legal counsel.
8th Amendment:
Protections:
Prohibition of excessive bail or fines.
Ban on cruel and unusual punishment.
Purpose: Address weaknesses in the Articles of Confederation and create a stronger federal government.
Key Figures:
George Washington: Presided over the convention.
James Madison: "Father of the Constitution"; contributed to key proposals.
Alexander Hamilton: Advocated for a strong central government.
Major Debates: Representation in Congress, balance of power between states, and the role of slavery.
Outcome: Drafting of the U.S. Constitution, ratified in 1788.
Issue: Debate over representation in Congress:
Virginia Plan: Representation based on population (favored by large states).
New Jersey Plan: Equal representation for all states (favored by small states).
Solution:
Bicameral legislature:
House of Representatives: Representation based on population.
Senate: Equal representation (two senators per state).
No executive branch to enforce laws.
No judiciary to resolve disputes between states.
Congress lacked power to tax or regulate trade.
Amendments required unanimous consent.
States operated like independent countries, leading to disunity.
5th Amendment Connection:
Hammurabi's Code introduced principles of fairness and due process, similar to the 5th Amendment’s protection against self-incrimination and guarantee of due process.
8th Amendment Connection:
Hammurabi's Code imposed harsh punishments, which contrast with the 8th Amendment’s prohibition of cruel and unusual punishment.
Authoritarian Government:
Power concentrated in a single leader or small group.
Limited political freedoms and centralized control.
Examples: North Korea, historical monarchies.
Democratic Government:
Power derives from the people through voting and participation.
Emphasis on individual rights, equality, and rule of law.
Examples: U.S., Canada, France.
Direct Democracy: Citizens participated directly in decision-making.
Key Institutions:
Ekklesia: Assembly for major decisions.
Boule: Council managing daily affairs.
Dikasteria: Courts with citizen jurors.
Limitations: Only free male citizens could participate; women, slaves, and foreigners were excluded.
Meaning: Government derives its power from the consent of the governed. The people are the ultimate source of authority.
Relation to the Declaration of Independence:
Asserts that governments exist to secure the rights of the people and derive their powers from their consent.
Key Quote: "Governments are instituted among Men, deriving their just powers from the consent of the governed."