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Untitled Flashcards Set


  1. What is Mercantilism?
    Mercantilism is an economic theory that emphasizes the accumulation of wealth, particularly gold and silver, by maintaining a favorable balance of trade. The government controls the economy to increase national power and wealth.

  2. How did Mercantilism affect relations between the American colonies and the British?
    Under mercantilism, the British restricted colonial trade to benefit the mother country. The colonies could only trade with Britain and were required to send raw materials, leading many colonists to feel exploited and unfairly treated, eventually contributing to revolutionary sentiment.

  1. Who was the seven-year war between?
    The Seven Years' War (1756-1763) was primarily fought between Great Britain and France, with various European powers involved, including Spain, Austria, and Prussia. The war also had a significant colonial component, with Britain and France battling in North America, known as the French and Indian War.

  2. Why is it considered a major cause of the American Revolution?
    The war left Britain with significant debt, leading to increased taxation on the American colonies. The British government also sought more control over colonial affairs, which angered the colonists and fostered resentment.

  1. What is "salutary neglect"?
    Salutary neglect refers to the British policy of loosely enforcing regulations and laws in the American colonies, allowing them to self-govern and flourish economically without much interference.

  2. How long (roughly) did the period of “Salutary neglect” last for? (this is a wide range of dates)
    Salutary neglect lasted from the early 1700s until the 1760s when Britain began to tighten control over the colonies, particularly after the Seven Years' War.

  3. What did the period of salutary neglect foster in the colonies?
    It fostered a sense of self-governance in the colonies, as they had managed their own affairs with little interference from Britain.

  1. What are some important events in the 1760s that affected American heritage?

    • The Stamp Act (1765) and Townshend Acts (1767) were key moments when Britain imposed taxes on the colonies.

    • The Boston Massacre (1770) fueled anti-British sentiment.

    • The Tea Act and subsequent Boston Tea Party (1773).

  2. Important events in the 1770s leading up to the Revolution?

    • The Intolerable Acts (1774) in response to the Boston Tea Party.

    • The First Continental Congress (1774).

    • The battles of Lexington and Concord (1775), marking the start of open conflict.

  1. When did the First Continental Congress assemble and what was its purpose?

    • It met in 1774 to address colonial grievances and protest the Intolerable Acts.

  2. When did the Second Continental Congress assemble and what was its purpose?

    • It met in 1775 and took on the role of governing during the war, eventually declaring independence from Britain in 1776.

  3. Thomas Paine: who was he? Where was he from? Why did he become famous?

    • Paine was an English-born political writer who became famous for his pamphlet, Common Sense, which argued for independence and inspired many colonists to support the revolutionary cause.

  4. What is a Loyalist? What is a Patriot?

    • A Loyalist was an American colonist who remained loyal to Britain.

    • A Patriot was a colonist who supported independence from Britain.

  5. Purpose of Common Sense?

    • The purpose was to convince colonists to reject monarchy and call for independence from Britain.

  6. Why was "Common Sense" so successful?

    • It was clear, accessible, and emotionally charged. Paine used simple language to argue that independence was both necessary and inevitable, and it directly attacked the legitimacy of monarchy.

  7. True or false: Paine’s purpose in writing Common Sense was to attack monarchy itself.

    • True. Paine criticized monarchy as an outdated, tyrannical form of government.

  8. Lesson of Paine’s fable about the "Ass and the Lion"?

    • The fable illustrated how the colonies had been under Britain’s oppressive control, likening it to the lion forcing the donkey to submit. It symbolized the need for the colonies to assert their own independence.

  9. What did Jefferson mean by "The tree of liberty must be refreshed, now and then, with the blood of patriots and tyrants"?

    • Jefferson was advocating for the idea that rebellion is sometimes necessary to protect freedom, showing support for the revolutionary cause.

  10. Why were Abigail Adams and some of the "nationalists" critical of Shays' Rebellion?

    • They feared it showed weakness in the Articles of Confederation and worried it would inspire chaos or anarchy, potentially undermining the new republic.

  1. Articles of Confederation: Strengths and Weaknesses?

    • Strength: It successfully won the American Revolution by uniting the states under a central government.

    • Weaknesses: No power to tax, no executive branch, and no national court system.

  2. How did the Articles of Confederation contribute to the creation of the U.S. Constitution?

    • The weaknesses of the Articles led to calls for a stronger central government, ultimately resulting in the drafting of the U.S. Constitution.

  3. Confederation: Define

    • A confederation is a loose alliance of states with a weak central government. It contrasts with a unitary republic, where power is concentrated in a central government.

  4. Why was the Confederation Congress "weak by design"?

    • The Articles were designed to prevent any one branch of government from becoming too powerful, reflecting the fear of centralized authority after Britain’s rule.

  5. Northwest Ordinance of 1787: Importance?

    • It established a process for admitting new states and prohibited slavery in the new territories, ensuring westward expansion could occur in an orderly manner.

  6. Shays’ Rebellion: Who was Shays? Who supported the Shays?

    • Daniel Shays was a former Revolutionary War soldier who led a rebellion against tax and debt policies in Massachusetts. The rebellion alarmed many, highlighting the weaknesses of the Articles of Confederation.

  7. How did Shays' Rebellion influence the framers of the U.S. Constitution?

    • The rebellion highlighted the need for a stronger central government to maintain order, leading to the Constitutional Convention in 1787.

  8. Why is the period between 1783 and 1787 called the "Critical Period"?

    • It was a time when the weaknesses of the Articles of Confederation became apparent, leading to calls for a stronger, more effective government.

  1. Who were the Anti-Federalists?

    • Anti-Federalists were opponents of the U.S. Constitution, fearing it would create too strong a central government at the expense of states' rights.

  2. Mercy Otis Warren: Who was she?

    • Warren was an influential writer and political thinker who supported independence and was critical of the Constitution, advocating for a Bill of Rights.

  3. What is Republicanism?

    • Republicanism is a political ideology advocating for a government in which power resides in elected representatives rather than a monarch.

  4. The United States constitution is the longest functioning _____ constitution in the world?

    • written

  5. Why did the framers meet in secret?

    • To avoid outside pressure and influence, and to allow for open debate without fear of public criticism.

  6. Most active framer in the drafting of the Constitution?

    • James Madison is often considered the most active framer, contributing significantly to the structure of the Constitution.

  7. Federalists' belief in a ______ national government?

    • Strong, or centralized.

  8. What is Separation of Powers?

    • Separation of powers refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. In the U.S., this is typically divided into three branches: the Legislative Branch (Congress), the Executive Branch (President), and the Judicial Branch (Courts). This system helps prevent any one branch from gaining too much power, ensuring a system of checks and balances.

  9. What is Popular Sovereignty?

    • Popular sovereignty is the principle that the authority of government is created and sustained by the consent of its people. In essence, the people are the ultimate source of governmental power. This idea is foundational to democracy, particularly in the context of the U.S. Constitution.

  10.  Federalism: What is Federalism?

    • Federalism is the division of power between a central (national) government and regional (state) governments. It’s a balance between two extremes: unitary systems, where all power is held by a central government, and confederations, where power is primarily held by the states. Federalism allows for a balance of authority, enabling both national and state governments to coexist and operate within their respective spheres of influence.

  11. What are "Concurrent Powers"?

    • Concurrent powers are powers that are shared by both the national government and the state governments. These include things like the power to tax, the power to borrow money, and the power to establish courts.

  12. What is "Judicial Review"?

    • Judicial review is the power of courts to examine and decide whether a law or government action is in accordance with the Constitution. The concept was established in Marbury v. Madison (1803). It ensures that legislative and executive actions comply with constitutional principles.

  13. What is Jurisprudence?

    • Jurisprudence is the theory or philosophy of law. It involves studying the nature of laws, the legal system, and the principles that guide judicial decisions. Jurisprudence can vary from one legal system to another and influences how judges interpret the law.

  14. Preamble (Be prepared to identify any or all words in the Preamble):

    • The Preamble is the introductory statement of the Constitution, outlining the goals and purposes of the document. It begins with the famous phrase: "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

Article I: The Legislative Branch

Section I:
  • Bicameralism: Bicameralism refers to a legislative body having two chambers or houses. In the U.S., Congress is bicameral, consisting of the Senate and the House of Representatives.

  • Congress: The primary legislative body in the U.S., responsible for making laws.

  • Requirements for Office:

    • House of Representatives: Must be at least 25 years old, a U.S. citizen for at least 7 years, and reside in the state they represent.

    • Senate: Must be at least 30 years old, a U.S. citizen for at least 9 years, and reside in the state they represent.

Term Length:
  • House of Representatives: 2-year terms.

  • Senate: 6-year terms.


Section 8:
  • Enumerated Powers: These are the specific powers granted to Congress, such as the power to tax, regulate commerce, and declare war.

  • Implied Powers: Powers not explicitly listed but are necessary to carry out the enumerated powers. These are derived from the "Necessary and Proper Clause" (also known as the Elastic Clause).

  • "Necessary and Proper Clause": Found in Article I, Section 8, Clause 18, this clause gives Congress the power to pass laws it deems necessary and proper to carry out its enumerated powers.


Article II: The Executive Branch

  • Powers of the President: The President is the head of the executive branch, commander-in-chief of the armed forces, can grant pardons, make treaties, and appoint federal officers.

  • Qualifications for Office: Must be at least 35 years old, a natural-born citizen, and have been a U.S. resident for at least 14 years.

  • Term Limits: The President is limited to two terms (or a maximum of 10 years if they serve part of another president’s term). The 22nd Amendment (1951) established this limit.

  • Impeachment: A President can be impeached by the House of Representatives for committing "high crimes and misdemeanors," and removed from office if convicted by the Senate.


Article III: The Judicial Branch

  • Judicial Review: Courts can review laws and executive actions to determine if they are constitutional.

  • Qualifications for Office: There are no specific qualifications for federal judges in the Constitution. They are appointed by the President and confirmed by the Senate.

  • Nomination Process: The President nominates judges, and the Senate confirms them.


Article IV: What is Article IV about?

Article IV primarily deals with the relationships between states and the national government, including issues like the Full Faith and Credit Clause (states must respect each other’s laws) and the Privileges and Immunities Clause (states cannot discriminate against citizens of other states).


Article V: How can the U.S. Constitution be amended?

An amendment can be proposed by:

  • A two-thirds majority in both the House and Senate, or

  • A constitutional convention called by two-thirds of state legislatures. Once proposed, the amendment must be ratified by three-fourths of state legislatures or conventions.

Article VI: Supremacy Clause

Article VI establishes that the Constitution, along with federal laws and treaties, is the supreme law of the land. Judges in every state are bound by it, regardless of state laws. It also requires an oath of office for all government officials and forbids religious tests for officeholders.


Article VII: What does it do?

Article VII outlines the process for ratification of the Constitution. It states that the Constitution would take effect once nine states ratified it.

One of the most important legacies of the Anti-Federalist criticism of the Federalist Papers was the addition of a ____ __ ______ to the Constitution:

  • Bill of Rights. The Anti-Federalists were concerned that the original Constitution did not protect individual liberties, leading to the addition of the first ten amendments, known as the Bill of Rights.

42. First Amendment - "Preferred Amendment”

  • The First Amendment is considered "preferred" because it protects fundamental freedoms such as speech, religion, press, assembly, and petition. These rights are considered essential to a functioning democracy.

43. Two Primary "Religion Clauses" in the First Amendment:

  1. Establishment Clause: Prohibits the government from establishing an official religion or favoring one religion over another.

  2. Free Exercise Clause: Protects individuals' rights to practice their religion freely, without government interference.


44. What does "Disestablishment" mean?

  • Disestablishment refers to the separation of church and state, ensuring that the government does not favor any particular religion. The term "establishment" refers to the government setting up or supporting a state religion.


45. Reynolds v. United States (1879):

  • This case involved a man, George Reynolds, who challenged the federal anti-bigamy statute on the grounds of religious freedom. The Supreme Court ruled that religious beliefs are protected, but religious practices that violate the law (like polygamy) are not. This case established limits on religious free exercise.

46. Engel v. Vitale (1962):

  • This case involved a New York school that required students to recite a prayer. The Supreme Court ruled that this violated the Establishment Clause, as it was government-sponsored religious activity in public schools.

47. Kennedy v. Bremerton School District (2022):

  • In this case, the Court ruled that a high school football coach had a constitutional right to pray on the field after games, even if it was a public school setting. This decision was seen as strengthening religious liberty by allowing more religious expression in public spaces.

48. USHE and Freedom of Speech:

  • USHE stands for the Utah State History Education statement, which promotes the idea that freedom of speech is crucial for the pursuit of truth, public debate, and democracy. It helps protect the exchange of ideas and ensures that no one is silenced due to government censorship.




50. Shenck v. United States (1919):

  • The Court established the “clear and present danger” test, ruling that speech could be limited if it posed a danger to national security.

51. What are the three “prongs” of Mill’s Trident test?

  • Harm to Others:
    The individual’s actions must cause harm to others in a way that justifies the government’s intervention. If the person's actions only affect themselves, Mill argued that the government should not interfere. The government can only limit individual liberty to prevent harm to others, not because of moral objections to the person's conduct.

  • Preventing Harm to Others:
    The government’s interference must be aimed at preventing harm to others. It’s not enough for an action to be offensive, immoral, or undesirable; there must be an actual or potential harm to other people. In other words, the harm principle justifies intervention only when it is necessary to protect others from harm.

  • Minimum Intrusion:
    The government’s intervention should be the least intrusive way of preventing harm. This prong implies that laws or regulations should be narrowly tailored to address the harm and not overreach. The state must employ the least restrictive means available to protect individuals from harm while respecting personal freedoms.

51. Brandenburg v. Ohio (1969):

  • The Court ruled that speech can only be restricted if it incites imminent lawless action.

  • A leader of the klu klux klan made a speech insisting violence and rebellion against the government

  

  54.what are the major exceptions to free speech

  • It is an imminent lawless action

  • Has to be against the law

  • The brandeneberg test