chapter 1 and 2 Flashcards
(51 cards)
Constitution
a system of basic laws and principles that establish the nature, functions and limits of a government or other institution. (pg.5)
Law
a body of rules promulgated (established) to support the norms of society enforced through legal means, that is, punishment. (pg.5)
Pluralism
a society in which numerous distinct ethnic, religious, or cultural groups coexist within one nation, each contributing to the society as a whole.
Native Americans
The Native Americans were the first pluralistic society, with many different tribes, languages and cultures, well before the colonist arrived.
When the colonist arrived and began taking over, the native Americans banned together in self-defense.
Articles of Confederation
Formally pledged the states to “a firm league of friendship,” and “a perpetual union” created for “their common defense, the security of their liberties” and their “mutual and general welfare”
Magna Carta
Established the supremacy of the law over the ruler and guaranteed English feudal barons and individual rights and “due process of law,” including trial by jury.
Constitutionalism
A belief in a government in which power is distributed and limited by a system of laws that must be obeyed by those who rule.
Great compromise
The agreement reached in drafting the constitution giving each state an equal vote in the senate and a proportionate vote in the house.
Amendment Process
Must first be approved by two thirds vote in each house of congress. It is then submitted to the states for ratification, requiring the approval of three-fourths of the states to pass the amendment. The people may also begin the amendment process if the legislatures of two thirds of the states call for a constitutional convention. Important for the bill of rights to be added.
“Living and breathing thing” meant to change
Constitution
loyalist
A colonist who did not support the boycott of British goods in the colonies and who still paid allegiance to the british
patriot
a colonist who supported the boycott of British goods in the colonies and who owed allegiance to American rather than to the British
minutemen
colonial soldiers
Legislative Branch
house and senate. Lay and collect taxes. borrow money on the credit of US. Regulate international and state commerce coining money.
Executive branch
President carry’s out the laws as the commander and chief of the military services
Judicial Branch
9 supreme court justices
paradigm
a boundary or parameter that outlines a rule and is based on an experience
paradigm shift
a significant change in the paradigm of any discipline or group: Putting skilled, tenured teachers in failing schools would cause a paradigm shift in teaching and education.
consensus theory
holds that individuals in a society agree on basic values on what is inherently right and wrong, and the laws express these values
social contract
a philosophy proposed by french historian philosopher Montesquieu, whereby free, independent individuals agree to form a society and to give up a portion of their individual freedom to benefit the security of the group
Conflict theory
holds that laws are established to keep the dominant in power, contrast to the consensus theory
promulgate
to make law through a legal process
What are four phases that are naturally promulgated into law to prevent chaos
- people come together seeking collective security, to collectively gather food and to satisfy other mutual needs.
- they discover that they need rules to maintain order and their sense of security
- Inevitably some individuals break the rules.
- Consequences are established for breaking rules
common law
early English judge -made laws based on custom and tradition: a legal system that, as in the U.S, decides present cases on past decisions
