What are some key points in the Magna Carta, the Petition of Rights, and the English Bill of Rights
The gave consent of the government, limited government, due process, and rule of law.
What was the 3/5 Compromise?
3/5 Compromise- The population of slaves would be counted as three-fifths in total when apportioning Representatives.
what are some examples of enumerated?
Enumerated- Those powers directly written in the Constitution.
What is "Civil Liberties"?
Civil Liberties are personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation, without due process
What are the steps for the legislative process?
Step 1: Referral to committee
Step 2: Committee action
Step 3: Subcommittee Review
Step 4: Mark Up
Step 5: Committee action to report a bill
Step 6: Publication of a written report
Step 7: Scheduling floor action
Step 8: Debate
Step 9: Voting
Step 10: Referral to the other chamber
Step 11: Conference committee action
Step 12: Final Actions
Step 13: Overriding a veto (If necessary)
What were the names of the people who came up with these ideas for these documents?
Thomas Hobbs, John Locke, Montesquieu, Jean-Jacques Rousseau
What is The Great Compromise?
The Great Compromise- An agreement that large and small states reached during the Constitutional Convention of 1787 that the legislative structure and representation that each state would have.
What are some examples of concurrent?
Concurrent- Those powers shared by the national government and the states.
Define civil rights
the rights of citizens to political and social freedom and equality.
What is judicial restraint?
The theory of judicial interpretation that encourages judges to limit the exercise of their own power
What was Thomas Hobbes views on society and the government?
Society- Human were "naturally wicked" and were always in a constant state of war.
Government- An absolute Monarchy was the best type of government
What was the Commerce Clause?
Commerce Clause- The United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"
What is a reserved power?
Reserved- Powers left for the states.
How do civil liberties protect against government actions?
It protects us against government actions. For example, the First Amendment of the Bill of Rights guarantees citizens the right to practice whatever religion they please. The government cannot interfere in an individual's freedom of worship.
What is judicial activism?
refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law
What was John Locke's views on Government and what was his contract theory?
Government- Limited power of the government.
Contract Theory- They have the right to rebel if their life, liberty and property were threatned
How does the constitution address the weakness of the articles of confederation?
It stated things like how it couldn't tax, make trade treaties, resolve disputes between states, keep order, or pay its debts.
What is an implied powers?
Implied- Those powers reasonably suggested by the Constitution.
What is "due process of law" ?
Due process of law is fair treatment through the normal judicial system, especially as a citizen's entitlement.
What are the roles in of the legislative branch?
president of the senate, president pro tem of the senate, speaker of the house, speaker pro tem, majority leader, majority caucus leader, majority whip, minority whip, minority caucus leader, and minority whip
what was Montesquieu's views on society and government?
Society- Religion "corrupted" the government and considered women "weak"
Government- believed in a secular limited monarch, and that the separation of powers(checks and balances), and different branches were essential.
What were the key ideas of the Federalist and Anti-Federalist?
Federalists- felt that this addition wasn't necessary, because they believed that the Constitution as it stood only limited the government not the people.
Anti-Federalist- Claimed the Constitution gave the central government too much power, and without a Bill of Rights the people would be at risk of oppression.
What is a denied power?
Denied- Powers the government may not do.
The Fifth Amendment says to the federal government that "no one shall be "deprived of life, liberty or property without due process of law."
The Fourteenth Amendment uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states
Describe the selection and approval process for federal judges.
The candidate must confirmed by a majority vote of the U.S. Senate. The process is the same for U.S. Supreme Court justices, though the process is often lengthy, contentious, and well-publicized. All federal judges and U.S. Supreme Court justices are appointed for life terms