Why is the rule of law important in a democracy?
Rule of law ensures everyone is held accountable to the same laws? Leaders included who can't change them at their whims.
Magna Carta limited the power of the King of England and said no freeman shall be imprisoned without a judgement of a jury by his peers. What principles in the Magna Carta influenced the founding fathers?
Limited Government, Due Process of Law
With the supremacy clause national laws reign supreme over state. (Also national laws can't go against the constitution.
Why was the Electoral College created?
The Electoral College was created to elect the president and vice president. The people elect electors who then choose the president.
What ideas did the founders get from ancient Greece and Rome?
Greece direct democracy, Rome Representative Govt. or Republic.
Under popular sovereignty people are the ultimate source of govt. power how is that principle seen in U.S. Govt. today?
The people are responsible for electing the politicians who pass the laws.
What were two key ideas written by Thomas Jefferson in the Declaration of Independence?
1. The purpose of government protect people's unalienable rights
2. If the govt. isn't doing that then people have the right to overthrow it.
Name three state powers and three national powers.
State Powers (there are many National Powers
1. Education 1. Declaring War
2. intrastate commerce 2. Regulating
interstate and foreign commerce
3. Elections 3. Post office
What was the result of the Great Compromise
Dealt with representation in congress Senate would have two per state, House of Representatives based on population.
The Federal govt. said it was unconstitutional because it violated the 14th amendment (equal protection clause) to the constitution. As a result all states made sure their ballots looked exactly the same. (Example of federalism)
How is separation of powers seen in American govt. today and how does it limit govt?
Separation of powers limits govt. because it prevents any branch from becoming to powerful. We see this in America today with power divided into legislative, executive and judicial branches.
The federalist papers explain how checks and balances would keep the government from becoming too powerful and how representative govt. would work in a large country. Why did James Madison and Alexander Hamilton write about this in the federalist papers?
They wanted to persuade states to ratify the constitution and explained the Founders thinking on things such as checks and balances.
What does the full faith and credit clause say about relationships between states?
The Three Fifths Compromise said that enslaved people would count as 60% of a person when determining how many representatives a state would have or the amount of taxes each state owed.
What is the difference between direct democracy and a republican form of government?
In a direct democracy people vote on every issue. In a republican form of government, people vote for leaders, who then vote on the issue.
The English Bill of rights 1689 guaranteed rights like petitioning the government, right to a fair jury trial, and no cruel and unusual punishment. What principles are reflected in this document?
Individual rights and due process of law.
The Anti Federalist papers were written by founding fathers who opposed the constitution. While the constitution was ratified, what success did the anti federalist have?
A bill of rights was added to the constitution.
How is an amendment passed?
Either 2/3 majority by both houses of congress or 2/3 of state legislatures must propose it. Then it goes to the states where it must be passed 3/4 of state legislatures or state conventions.
What is the primary way that the Constitution safeguards individual rights.
By including the Bill of Rights
Why were John Locke's ideas so important to the founding fathers?
Locke believed in the social contract and that govt. existed to protect natural rights (life liberty and property) If they failed to protect those rights you had a right to rebel.
How is the concept of natural law included in the Declaration of Independence?
It says that certain rights like life, liberty and pursuit of happiness are unalienable- not granted by the govt. but are inherent to human beings. According to Jefferson and the founders Great Britain was destroying these rights U.S. was declaring independence.
What were some of the strengths and weaknesses of the Articles of Confederation?
The Articles of Confederation passed the northwest ordinances which created a process for new territories to become states. Weakness national govt. to weak lacked the power to tax, no president and no judicial branch.
The McCullogh v Maryland court case raised the question can the federal govt. charter a national bank and could the states tax it? How did the case strengthen the power of the national govt.?
National govt can charter a bank affirming their power under the elastic clause. It also said states could not tax it, affirming that federal law was supreme over states.
How does the Constitution establish federalism?
The constitution establishes federalism by specifying which powers are given to the national govt. and which are shared, and Amendment 10 in the bill of rights states that all other powers are reserved for the states or the people.
Explain how authoritarian regimes differ from American democracy in terms of individual rights, and rule of law?
Authoritarian regimes deny individual rights and use censorship and terror to suppress opposition. In authoritarian regimes, their is often a dictator or a party decides what the law is.