C181 Government Chapters 3 – Flashcards

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Explain Thomas Jefferson's ideas on unalienable rights and the Social Contract Theory as found in the Declaration of Independence
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He drafted the Declaration of Independence, The social Contract Theory was put in place to help people have rulers and that they would have the right to resist and remove rulers who acted against their purposes.
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How was Thomas Jefferson influenced by John Locke?
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He (T.J.) used similar ideas that John Locke had in his Virginia Declaration of Independence.
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What is the relationship between the right to vote, popular sovereignty and Republicanism (or a republic)?
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Republic is w/o a monarch; which is ruled by law and the people; popular sovereignty it just has emphasis on governed and a general emphasis on the local rights; the right to vote is that everyone has a right to their opinion to decide who they want to run for leadership.
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What were the political and economic weaknesses in the Articles of Confederation?
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Political weaknesses where that congress could pass laws but not enforce the laws. Economic weaknesses where that national govt. could have power to tax, no provisions on govt., could regulate foreign commerce and interstate, and each state had the power to veto.
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How did trade wars and events like Shay's rebellion expose some of these weaknesses
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They showed that they could get attention by rebelling from paying taxes.
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How may the failure of the Articles of Confederation be seen as giving rise to the U.S. Constitution?
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Because the Articles of Confederation gave too much power to the states, and not enough power to the national government. Therefore the national government was deeply in debt and had no ability to put down social rebellion such as Shay's Rebellion.
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Explain the Virginia Plan and the New Jersey Plan as well as key differences.
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-Virginia Plan- Making laws (legislative branch) , interpreting laws (judicial branch), enforcing laws (executive branch); 2 houses= the people and then the members of the house; more authority over the states and new authority over the people. -New Jersey Plan- The smaller states wouldn't be able to have the same laws as the bigger states, William Patterson came up with an alternative plan: single chamber of legislature to raise revenue, the states have equal representation in the legislature, a multi-person executive to be able to have similar powers to those in other states. -Great Compromise- a two chambered congress with house and equal representation of the states. they are combined for the G.C.
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How are the Virginia Plan and the New Jersey Plans differences resolved in the Great Compromise?
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-Great Compromise- a two chambered congress with house and equal representation of the states. they are combined for the G.C.
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What are the four elements that form the foundation of the American political tradition in the Preamble of U.S. Constitution?
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Established justice, safety and welfare, liberty, domestic tranquility and security ( inner and outer) like a vision statement
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What are the four basic principles of the U. S. Constitution and in which Articles/sections & Amendments are they located?
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-Republicanism - governing a society or state as a republic (la. res publica), where the head of state is a representative of the people who hold popular sovereignty rather than the people being subjects of the head of state. people elect official to govern for us -Separation of Powers - Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law -Federalism - A system in which power is divided between the national and state governments -Checks & Balances - A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
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How do checks and balances work?
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With the three branches of govt. can limit the powers of the others. This way, no one branch becomes too powerful. Each branch "checks" the power of the other branches to make sure that the power is balanced between them.
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Specifically, what powers are being separated in the principle of 'separation of powers'?
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The power to make laws, the power to implement laws, and the power to interpret the laws are being separated.
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Explain the main ideas in each of the seven Articles of the U.S. Constitution?
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-Article I - Article of the Constitution that defines the Legislative Branch, it's powers, members, and workings. -Article II - Article of the Constitution that defines the Executive Branch, it's powers, duties, and means of removal. Granting power to the President, -Article III - Calls for Supreme Court, gives Congress the authority to establish lower courts JUDICIAL BRANCH -Article IV - Article of the Constitution that regulates the states' powers, and their interaction with the National government. To protect the US against foreign invasion and domestic violence. -Article V - Amending the Constitution - -Article VI - Supremacy Clause - where the Federal laws overrule the state laws. -Article VII - Ratification of the constitution
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What is the 'Necessary and Proper Clause' (or 'Elastic Clause') in Article I of the Constitution?
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This gives Congress power to make laws that are necessary or proper. Carrying into effect. articale 1 sec. 8 enumerated clause.
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How does it allow "implied powers" in the Article I of the Constitution?
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Gives the congress power to have control over the money from the taxes that they collect through taxes. Congress can go beyond the powers of all other powers.
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Explain the main arguments between the Federalists and Anti-Federalists during the ratification of the U.S. Constitution.
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Anti Federalist were worried of National Govt. of having too much power w/ no bill of rights. federalist wanted to have as much power.
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What persuaded the Anti-Federalists to drop their opposition to the U.S. Constitution?
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The federal said lets just give them a bill of rights, to amend the constitution and to please the anti federalist.
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What role did George Washington play in resolving the Federalist/Anti-Federalist opposition?
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George Washington add a list of guarantees to the amendment which only ten were approved and added to the constitution.
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How long did it take for the Bill of Rights to be ratified?
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It took from Sept. 1787 to July 1788.
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How was the U.S. Constitution ratified?
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By votes of conventions held in the 13 states. They wanted the world to know that the constitution would be ratified peacefully.
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What is the Formal Amendment Process?
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The amendment has two stages the proposal and ratification when a bill become part of the constitution. The House of Representatives and the Senate agree on the bill, by 2/3s majority and 3/4s of the states need to ratify (either by votes of the state legislatures or by state ratifying conventions).
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Legislative Branch
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Lawmaking branch
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Checks and balances
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A govt. structure that gives each branch some scrutiny of and control over the other branches.
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Executive Branch
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Law-enforcing Branch
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Federalism
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the division power between a central government and regional governments.
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Judicial Review
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The power to declare congresstional (and presidential) acts invalid because they violate the Constitution.
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Extraordinary Majority
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A majority greater than the minimum of 50 percent plus one.
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Electoral College
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A body of electors that are chosen by voters to cast ballots for president and vice president.
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Republicanism
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A form of govt. in which power resides in the people and is exercised by their elected representatives.
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Confederation
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A loose association of independent states that agree to cooperate on specified matters.
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Necessary and Proper Clause
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The last clause in section 8 of Article I of the Constitution, which gives Congress the means to execute its enumerated powers. This clause is the basis for Congress's implied powers. Also called the elastic clause.
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Implied Powers
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Those powers that Congress needs to execute its enumerated powers.
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Enumerated Powers
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The powers explicitly granted to Congress by the Constitution.
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Articles of Confederation
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The compact among thirteen original states that established the first government of the United States.
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Bill of Rights
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The first ten amendments to the Constitution. They prevent the national government from tampering with fundamental rights and civil liberties, and emphasize the limited character of national power.
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Judicial Branch
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The law-interpreting branch of govt.
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New Jersey Plan
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Submitted by the head of the New Jersey delegation to the Constitutional Convention of 1787, a set of nine resolutions that would have, in effect, preserved the Articles of Confederation by amending rather than replacing them.
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Supremacy Clause
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The clause of Article VI of the Constitution that asserts that national laws take precedence over state and local laws when they conflict.
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Social Contract Theory
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The belief that the people agree to set up rulers for certain purposes and thus have the right to resist or remove rulers who act against those purposes.
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Virginia Plan
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A set of proposals for a new government, submitted to the Constitutional Convention of 1787; it included separation of the government into three branches, division of the legislature into two houses, and proportional representation in the legislature.
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Great Compromise
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Submitted by the connecticut delegation to the Constitutional Convention of 1787, and thus also known as the Connecticut Compromise, a plan calling for a bicameral legislature in which the House of Representatives would be apportioned according to population and the states would be represented equally in the Senate.
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Declaration of Independence
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Drafted by Thomas Jefferson, the document that proclaimed the right of the colonies to separate from Great Britain.
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Separation of powers
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The assignment of lawmaking, law-enforcing, and law-interpreting functions to separate branches of government.
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