GOVT 2305 Test 1 Review

GOVT 2305 Test 1 Review Notes

These notes encompass key concepts from the course outlined for Test 1. Ensure you understand each topic, as while the tests are not cumulative, some concepts will overlap and build on earlier units.

The Constitution

• Mayflower Compact: An early agreement between settlers that established a form of self-governance and laid groundwork for future constitutions.

• The Colonies & The British: Understanding the relationship and conflicts between American colonies and British rule leading up to independence.

• First Continental Congress: Convened in 1774 to respond to British colonial policies; addressed mutual grievances.

• Second Continental Congress: Met in 1775; acted as the first national government, managing the Revolutionary War and adopting Declaration of Independence.

• The Declaration of Independence: A 1776 document proclaiming the thirteen colonies' separation from Britain. Significance: It articulated the colonies' reasons for breaking away and established principles of individual rights and government.

• Articles of Confederation: The first constitution of the U.S., outlining a weak national government.

  • Purpose: To bond the states in a loose framework.
  • Strengths: Successfully conducted the war, established a process for admitting new states.
  • Weaknesses: Lack of central authority, no power to tax or regulate trade.

• Shay’s Rebellion: A 1786 revolt by Massachusetts farmers protesting economic injustices, highlighting the weaknesses of the Articles of Confederation.

• The Virginia Plan: Proposed a strong national government with a bicameral legislature based on population.

• The New Jersey Plan: Advocated for a unicameral legislature with equal representation for each state.

• The Great Compromise: Blended both plans creating a bicameral legislature, with the House based on population and the Senate providing equal representation.

• Supremacy Clause: Establishes that the Constitution and federal laws take precedence over state laws.

• Federalists vs. Anti-Federalists:

  • Federalists: Supported the Constitution, advocating for a strong national government.
  • Anti-Federalists: Opposed the Constitution, fearing the loss of state power.

Separation of Powers / Checks and Balances

• Each branch of government (Executive, Legislative, Judicial) has distinct powers and can limit the powers of the others.

Amendments to the Constitution

• Total Amendments: 27

• Key Amendments: Pay particular attention to 1-10 (Bill of Rights), and 13-19, 24, 26:

  • Bill of Rights: The first ten amendments that guarantee individual liberties.

• Proposing and Ratifying Amendments: Amendments can be proposed by a two-thirds vote in both houses of Congress or by a convention called by two-thirds of state legislatures. Ratification requires approval from three-fourths of state legislatures or conventions.

Civil Liberties

• Definition: Basic rights and freedoms that are guaranteed either explicitly in the Constitution or interpreted through the years by courts.

• Bill of Rights (Amendments 1-10): Key protections for individuals against government actions.

• Fourteenth Amendment / Incorporation Theory: Ensures that states cannot deny the rights granted by the federal Constitution.

• First Amendment Rights:

  • Establishment Clause: Prohibits the government from establishing a national religion.
  • Free Exercise Clause: Protects citizens' right to practice their religion.
  • Symbolic Speech: Actions that express opinions or views (like wearing armbands).

• Prior Restraint: Government action that prohibits speech or other expression before it can take place.

• Clear and Present Danger: Limits of free speech where it may incite violence or chaos.

• Unprotected Speech: Categories of speech not protected by the First Amendment, such as obscenity or incitement to violence.

• Right to Assemble and Petition: Citizens can gather peacefully and express their grievances, often requiring permits for large gatherings.

• Slander vs. Libel: Slander is spoken defamation, while libel is written defamation.

• Miranda Rule: Requires law enforcement to inform suspects of their rights during an arrest, stemming from the Supreme Court case Miranda v. Arizona.