Chapter 2 Reading Guide Flashcards
Magna Carta
First time that a king in the western world shared power with another group. Trial by jury of one’s peers, due process, protection of noble’s property.
1628 Petition of Right
Trial by jury & due process – again!
No martial law during peacetime
Parliament’s consent for taxes (had been an advisory body to the king)
King is NOT above the law
Habeas Corpus Act
Initiates due process (government cannot detain a person without evidence)
English Bill of Rights 1689
No standing army in peacetime
Free parliamentary elections
Fair trial
No excessive bail
No cruel, unusual punishment
Hobbes
Social contract philosopher who believed that in a state of nature life would be, “Solitary, poor, nasty, brutish and short.” People needed to be ruled by a monarch (with consent) to be protected from each other.
Locke
Social contract philosopher who believed all people are born with natural rights: The right to life, liberty, and property. The only purpose of government is to protect the natural rights of the people.
Right to Revolution - If the government is NOT protecting their natural rights, they have the duty to abolish it and form one that will.
Social Contract
An implicit agreement among the members of a society to cooperate for social benefits, for example by sacrificing some individual freedom for state protection.
Great Compromise
Compromise between big states and small states regarding representation in the national legislature. Resulted in bicameral congress: House of Rep. (based on pop) and Senate (2 reps per state).
3/5 Compromise
Count 3/5 of the slaves for both taxes and house seats (This was a shameful portion of our Constitution, valuing human beings as 3/5 of a person for expediency.)
A Census every 10 years (This backfired on the South – the North actually grew faster & gained more House seats over time as a result.)
Commerce and Slave Trade Compromise
National government
regulates Foreign / Interstate Commerce
(Article 1, Section 8)
- The South Got the Following:
1. Cong. May not regulate slave trade for 20 yrs.
2. fugitive slave clause
3. No export tax (South feared it would hurt their agricultural exports)
4. A Census every 10 years!
Federalist Essay 10
Madison states that one of the strongest arguments in favor of the Constitution is the fact that it establishes a government capable of controlling the violence and damage caused by factions. Protect against tyranny of the majority.
Federalist Essay 51
Madison argues in favor of checks and balances.
