Flashcards in 1st Test Deck (53)
What is the basics of Enlightenment philosophy?
--Focused on the power and goodness of human
--Shift away from divine right to reason-based doctrine
Identify the 4 Enlightenment political philosophers. And beliefs about the nature of man and the purpose of government for each
Baron De Montesquieu
John Locke beliefs about the nature of man and the purpose of government.
SON: Basically Good, State of liberty=life, liberty, health, possessions.
Government: for the poeple to protect rights
Thomas Hobbes beliefs about the nature of man and the purpose of government.
SON: Basically Evil, Competitive, State of Warfare
Governement: Absolute Ruler
Jacques Rousseau beliefs about the nature of man and the purpose of government.
SON: Man is born free. Civilization corrupted him
Government: General Will
Baron De Montesquieu beliefs about the nature of man and the purpose of government.
SON: Man abuses power
Government: Limit the power of people (check and blances)
What are the Major political ideas from--Magna Carta, Petition of Rights, English Bill of Rights
--Magna carta was the move from the "rule of man" to the "rule of law." This meant all king and queens must obey the English laws.(Chapter 2- 73)
--Petition of Rights monarchs needed Parliament's permission to levy taxes, unlawfully prison people, force citizens to house soldiers into their home, or establish military rule in a time of peace.
--English Bill of Rights made monarchs less powerful. Monarchs could no longer enact laws, raise taxes or keep an army without Parliament consent. (Chapter 2 74)
What was the original intent of the 1st Continental Congress?
How was problem resolved?
--Decide how to respond to abuses of authority by British government (1774)
--the British refused and Rejected colonists demands and clashed with colonial troops at Lexington know as "shot heard around the world"
What was the first order of business of the 2nd Continental Congress?
First action was to organize a militia around Boston into am official Continental Army
Declaration of Independence
John Adams, Benjamin Franklin, Robert Livingston, Roger Sherman, and Thomas Jefferson. Inspirations came from Virginia Declarations of Rights, John Locke's views of social contract theory.
What 3 things did all the original 13 state constitutions have in common?
•Self-government – strong legislatures with elected representatives
•Voting rights differed
•Separation of Powers – 3 branches of government
•Limited Govt – fearful of too much power
•Term limits, annual elections, checks on power
•Individual Rights – legal protection against govt abuse
Weaknesses of the Articles of Confederation
The weakness was it did not provide the people with protected rights
3 major challenges at the Constitutional Convention
how was each resolved
Harsh Tax measures, organize militia, come to peace with british
Virginia Plan vs New Jersey Plan
Both plans called for a strong central government made up of three branches. New Jersey plan wanted unicameral legislature where it would be equal vote amoung all but Virginnia plan wanted bi cameral legislature where vote would depend on population and have representative for how many there are.
6 Goals of the Constitution
Form a more perfect union
Ensure domestic tranquility
Provide for the common defense
Promote the general welfare
Secure the blessing of liberty to themselves and generations to follow
Principles of Government in the Constitution
divide, distributed, and blance governmental power. Also make the power of government subject to the will of people through voting.
Why is judicial review so powerful?
it determines whether actions of legislative and excutive branches of government are consititual or if any law or government action is unconstitutional.
What were the Ratifications for constitution?
Federalists vs Anti-Federalists
Federalist wanted 2 senators from each state and representatives from each state-- Representation Democracy
Anti-Federalist wanted more representation and wanted thier rights protected--- Direct Democracy
Why did Thomas Jefferson believe the Constitution should be amended every generation?
Jefferson belived "each generation should be regarded as a distinct nation, they have a right to choose for itself the form of government it beleives most promotive of its own happiness."
What is the amendment process
Must be proposed to congress. Two ways it can be passed...
1)pass is by Congress, with at least two-third of the House and two-third of the Senate.
2)by delegates at national convention that is called by congress at the request of at least two-third of states legislatures.
The next two ways to ratify the amendment
1) proposed to states and three-forths must approve amendment.
2)by citizen elect delegaes to conventions called in each state to consider amendment. The conventions must approve amendment by three-forths of the states.
How does passing amendment outline the principle of popular sovereignty?
The amendment process is outlined by popular sovereignity by the amendment only gets passed if the majority of each house passes the amendment
Identify the first 10 amendments
Does the Bill of Rights give is absolute rights? Give an example.
No because there are limits on everything, nothing is aboslutly free. Such as we cant say certain things in certain places or act a certain way.
What was the original problem with the 1st amendment? How was problem resolved?
Brandenburg v Ohio
◦Government cannot punish speech unless it meets two criteria:
•if it is “directed at inciting or producing imminent lawless action,”
•If it is “likely to incite or produce such action”
Texas v Johnson
Whether or not the First amendment protects burning of the American Flag as a symbolic speech “The First Amendment literally forbids the abridgement of only speech, but we have long recognized that its protection does not end at the spoken or written word…If there is a bedrock principle underlying the First Amendment, it is that government may not prohibit the expression of an idea simply "
What is the problem with the 4th amendment? How was it resolved?
It is not detailed and direct about rules and regulations,big grey area. It is resolved by looking at former cases and using those as examples.
Evidence found illegally may not be used against a person in a court of law.