The Bill of Rights Flashcards

1
Q

What is a defining characteristic of American culture?

A
  • the lack of established traditions rooted in a long common history.
  • a relatively short history, and few common traditions
  • resulted in a strong attachment to the founding (myth) of the country.
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2
Q

Founding documents

A
  • declaration of Independence, 1776
  • US Constitution, 1787-89
  • Bill of Rights, 1789-91
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3
Q

Three fundamental principal of American political culture

A
  • Independence and self-determination
  • Federalism (in favour of small local government)
  • Civil liberties (the people must be protected from the government owning the monopoly of the use of force)
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4
Q

The Constitution of the USA

A

1787-89

  • a document wrote to unite the 13 newly independent states
  • established a national federal government
  • created a system of checks & balances
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5
Q

Why is the political system created by the constitution remarkably stable?

A

the process of modifying the constitution established in Article V : it is very difficult to propose and ratify amendments

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6
Q

Why does America seem like such a conservatice country compared to France?

A
  • the American political system was designed to be conservative
  • the federal structure tends to favour rural conservative states, giving them a disproportional influence in the US Senate and the Electoral College, and therefore disproportionate influence on Supreme Court nominations and Presidential elections.
  • federalism also allows relatively small number of very conservative people to pass state laws which are enforced over a large geographic area.
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7
Q

Anti-Federalism, about the movements

A
  • “anti-federalists” (Thomas Jefferson, James Monroe) who preferred the existing Articles of Confederation because it gave individual states more power
  • “Federalists” proponents of the new constitution (Alexander Hamilton, and James Madison) wrote a series of texts known as the Federalist Papers to try to convince as many people as possible of the benefits of a stronger federal government created by the US constitution.

> still a debate today

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8
Q

the Bill of Rights

A
  • the first 10 amendments of the US constitution
  • proposed as a way of convincing anti-federalists states
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9
Q

The 1st amendment

A
  • freedom of religion (majority of Americans identify as religious)
  • freedom of speech, or of the press
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10
Q

The 2nd amendment

A
  • the right of the people to keep and bear arms
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11
Q

The 3rd amendment

A
  • No solider can enter a house without the consent of the owner
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12
Q

The 4rd amendment

A

If you are not under arrest you cannord be searched or seized

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13
Q

The 5th amendment

A
  • you cannot be judge twice for the same crime
  • you can’t be forced to say something incriminating yourself
  • only court/jury can decide if you get punished
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14
Q

The 6th amendment

A
  • your rights have to be said outloud
  • assisted by a counsel for your defence in court
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15
Q

The 8th amendment

A

cruel punishment is forbidden

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16
Q

The 9th amendment

A

The enumeration of certain rights, of the constitution is used for the people not against the people&

17
Q

The 10th amendment

A

The powers no delegated to the US by the Consitution belong to the states

18
Q

The role of the SC

A

has the last word on federal constitutional law