Vocabulary
What are the requirements for states to meet national standards in creation functions?
Mandates
Why do we need a government?
We need a government to maintain structure and peace, but also to provide longevity for our population to grow and flourish
What is the Rule of Law?
The principle that the law applies to everyone, including those who govern
What is Amendment #23?
Citizens living in Washington DC can vote in presidential elections, DC has 3 electoral college votes
What is a 'direct democracy'?
The rule of citizens; is the simple majority rule that has no restraint on majority. The absence of settled public law and the influence of direct democracy made a complete ministry of finance impossible
What is Enlightenment?
A Philosophical movement emphasizing reason and the scientific method, rejecting traditional religious beliefs for Deism
According to Rousseau, what is one advantage of the social contract?
One advantage of the social contract is a sense of equality, protection, civic duty, and community. We also receive liberties and rights that come with the social contract.
What are the four universal Principles of The Rule of law?
Accountability: The government as well as private actors are accountable under the law.
Just law: The law is clear, publicized, and stable and is applied evenly. It ensures human rights as well as property, contract, and procedural rights.
Open Government: The processes by which the law is adopted, administered, adjudicated, and enforced are accessible, fair, and efficient.
Accessible and Impartial Justice: Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve.
What is Amendment #10?
Any power not given to the Federal government by the Constitution is a power of the State or the people
What is the definition of Anarchy?
There is not a government, so there is no structure and control. It becomes a power vacuum.
What is an Amendment, and what is Ratification?
An amendment is a change in, or addition to, a constitution or law and ratification is the formal approval and final consent to the effectiveness of a constitution, amendment, or treaty.
According to Montesquieu, how can the “abuse” of power be prevented in a government?
According to Montesquieu, we can stop the “abuse” of power in the government by making the position heavily constituted so that it cannot overtake other positions in the government. Put in a system that keeps everything in balance. Everyman must only be in one position and one “power should be a check to power”.
What is the difference between Statutory law and Common law?
Statutory laws are generally strictly construed by courts, but common law is more open to interpretation in application by the court
What is the incorporation doctrine?
Legal concept nationalizing the Bill of Rights to the states through the fourteenth amendment.
What is the aim of the Fourth, fifth, and Sixth Amendments?
To protect people accused of crimes
What is the main difference between Totalitarianism, and Authoritarianism?
Totalitarianism is when the government has total control as opposed to authoritarianism where the government micro-manages the people and what they do this through the government structure, military control and tyranny.
According to John Locke, why would a person “put himself under the control of any person or institution,” like a government?
A person would “put himself under the control of any person or institution” because he wants to preserve life liberty and property since the state of nature is exposed to the attack of others
What did American courts originally base common law on?
The English common law
What fraction of the states and the Senate are needed to propose and ratify the constitution?
2/3 of the House and Senate, or 3/4 of the states, and 3/4 of state legislatures or 3/4 of the states.
What is the 9th amendment and what is an example?
Amendment 9 states that rights not named are kept by the people, and an example of this was the case Roe vs. Wade about abortion.
What is the main difference between John Locke, Baron de Montesquieu, and Jean-Jacques Rousseau?
John Locke is an English philosopher who advocated for the natural rights of life, liberty, and property.
Baron de Montesquieu was a French aristocrat advocating for the separation of power to prevent despotism
Jean-Jacques Rousseau advocated for social contract
Candide, 1762. His most well-known idea was the freedom of expression. Under absolute rule, the ability to speak your mind would be a threat to the person in charge and would influence the silencing of those who dare to. It would rush in revolution and rebellion
Name and explain each type of law.(3)
Common law: Legal system based on custom and court ruling
Statutory law: Law passed by the US Congress or state legislatures
Constitutional Law: Involves the interpretation and application of the US constitution and state constitutions
What is the Amendment Process?
1.) A member of the House or Senate brings it to the floor.
2.)It’s assigned to a committee for debate and refinement
3.) It it makes it out of committee, the full chamber debates.
4.)If 2/3 vote for it, it passes and then it goes to the next chamber. The process repeats.
5.) If it passes both Houses of Congress, the National Archives sends it to the states
6.) It 3/4 of the states approve, the CONSTITUTION IS AMENDED!
What does Article V dictate? How many Amendments have been proposed throughout history?
Article V gave Congress and the government states the power to amend the Constitution. 11,000 amendments have been proposed.