American Politics and the US Constitution -
C963 WGU-548 Q and A
natrual rights - -Life, Liberty, and Property
-John Locke - -17th century English philosopher who opposed the Divine
Right of Kings and who asserted that people have a natural right to life,
liberty, and property.
-State of Nature - -Hypothetical condition assumed to exist in the absence
of government where human beings live in "complete" freedom and general
equality.
-Due Process - -involves the government's obligation to treat all citizens
fairly. Such a requirement lessens the extent to which government power
can be exercised over the individual, making the power differential between
the two more fair, and ensuring a general sense of political equality
-Social Contract - -A voluntary agreement among individuals to secure their
rights and welfare by creating a government and abiding by its rules.
-Thomas Hobbes (1588-1679) - -One of the first individuals to contribute to
the idea of the social contract was a pre-Enlightenment English philosopher
-Leviathan (1651): Thomas Hobbes - -Hobbes argues that society is not
something natural and immutable, but rather it is something created by us.
-Labor Movement - -the formation of labor unions, during the 1880's, for the
workers to receive better treatment by
-Constitution - -A document which spells out the principles by which a
government runs and the fundamental laws that govern a society
-Bill of Rights - -The first ten amendments to the Constitution
-Declaration of Independence - -the document recording the proclamation
of the second Continental Congress (4 July 1776) asserting the independence
of the colonies from Great Britain
-Thomas Jefferson - -Wrote the Declaration of Independence
-Shays's Rebellion (1786-1787) - -which almost resulted in potential mob
rule, suggested there might be too much democracy at play, and that maybe
individual liberty was going too far
, -Articles of Confederation - -A weak constitution that governed America
during the Revolutionary War.
-Federalist no. 51 - -Argues that separation of powers within the national
government is the best way to prevent the concentration of power in the
hands of one person or a single group.
-First Amendment - -Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the government for a redress of
grievances.
-Second Amendment - -Right to keep and bear arms
-Third Amendment - -The government may not house soldiers in private
homes without consent of the owner
-Forth Amendment - -It protects people against unfair searches of their
homes; search and seizure.
-Fifth Amendment - -A constitutional amendment designed to protect the
rights of persons accused of crimes, including protection against double
jeopardy, self-incrimination, and punishment without due process of law.
-Sixth Amendment - -Right to a speedy and public trial
-Seventh Amendment - -Right to a trial by jury in civil cases
-Eighth Amendment - -No cruel and unusual punishment
-Nineth Amendment - -peoples rights are not just limited to those listed in
the Constitution and Bill of Rights
-Tenth Amendment - -Amendment stating that the powers not delegated to
the federal gov. are reserved to the states
-bicameral legislature - -A law making body made of two houses (bi means
2). Example: Congress (our legislature) is made of two house - The House of
Representatives and The Senate.
-House of Representatives - -the lower house of Congress, consisting of a
different number of representatives from each state, depending on
population
-New Jersey Plan - -Proposal to create a weak national government
,-Virginia Plan - -Proposal to create a strong national government
-Constitutional Convention - -Meeting in 1787 of the elected representatives
of the thirteen original states to write the Constitution of the United States.
-unicameral legislature - -One-house legislature
-Three-Fifths Compromise - -Agreement that each slave counted as three-
fifths of a person in determining representation in the House for
representation and taxation purposes (negated by the 13th amendment)
-Checks and Balances - -A system that allows each branch of government to
limit the powers of the other branches in order to prevent abuse of power
-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
-federal system - -A government that divides the powers of government
between the national government and state or provincial governments
-enumerated powers - -The powers explicitly given to Congress in the
Constitution.
-reserved powers - -Powers given to the state government alone
-Federalists - -Supporters of the Constitution that were led by Alexander
Hamilton and John Adams. They firmly believed the national government
should be strong. They didn't want the Bill of Rights because they felt
citizens' rights were already well protected by the Constitution.
-Anti-Federalists - -Opponents of the American Constitution at the time
when the states were contemplating its adoption.
-Ratification - -Formal approval, final consent to the effectiveness of a
constitution, constitutional amendment, or treaty
-Republic - -A form of government in which citizens choose their leaders by
voting
-Habeas Corpus - -Constitutional protection against unlawful imprisonment
, -Federalist Papers - -A collection of 85 articles written by Alexander
Hamilton, John Jay, and James Madison under the name "Publius" to defend
the Constitution in detail.
-Federalist No. 10 - -An essay composed by James Madison which argues
that liberty is safest in a large republic because many interests (factions)
exist. Such diversity makes tyranny by the majority more difficult since ruling
coalitions will always be unstable.
-Legislative Branch (Congress) - -makes laws, imposes taxes, and declares
war
-Judicial Branch (Supreme Court) - -interprets the constitution and other
laws, reviews lower-court decisions
-Executive Branch (President) - -has the power to enforce the law
-Executive Orders - -Formal orders issued by the president to direct action
by the federal bureaucracy.
-checks on the executive branch - -By Congress
Can override a presidential veto by a two-thirds vote in both chambers
Must approve treaties by a two-thirds vote in the Senate
Control of funding activities of the executive branch
Presidential nominees must be approved by the Senate
Only Congress can declare war
House can impeach the president or vice president and the Senate can
remove them by a two-thirds vote
By Judiciary
Can overturn actions of the president with judicial review if the actions
violate the Constitution
Serve during good behavior to maintain independence of judiciary
-Checks on Congress - -By President
Can veto legislation
Can use executive agreements
Can use executive orders
Negotiates treaties (not Congress)
By Judiciary
Can overturn acts of Congress as unconstitutional if they violate the law
Can influence laws by interpretation
Serve during good behavior to maintain independence of judiciary
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