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WGU AZC 11/4/12
AZC flashcards from powerpoints/recorded chats
| Question | Answer |
|---|---|
| Magna Carta | Right to a trial by jury, Majority rules. Rights for the Elite-Barons. Not enforced, the King should enforce not a government. |
| Second Treatise on Government | Unalienable rights-life, liberty, and property. For all men. No government made, not enforced, it was a book. |
| The Declaration of Independence. | Right to rebel. For the U.S. citizens. No government formed, enforced after we wont the rev. war. Basis of the constitution. |
| The US constitution. | Due Process, Seperation of power, Checks and Balances. For the US citizens. Yes government was formed, yes it is enforced, supreme law of the land. |
| What are the Articles of Confederation? | 1st attempt at government after the Amer. Rev. Formed a republican government, citizens vote to elect reps and governors only. Continental Congress was the national government. Sovereignty was more important than CC. |
| What are the weaknesses of the Articles? | CC had No power to tax, No power to regulate interstate or foreign commerce, No national executive, and ALL laws must have UNANIMOUS consent from all state legislatures. |
| What was the original purpose of the Constitutional Convention? | To have a meeting in philly in 1787, to rewrite the articles of confederation, they wanted to fix those weaknesses. |
| What is the Virginia plan? | The Virginia Plan; 3 branches (Leg, Exec, and Judical), Legislature most powerful, 2 houses, number of elected based on population, (THIS FAVORED LARGER STATES) Proportional representation. Didn’t want to pay taxes on slaves. |
| What is the New Jersey Plan? | 3 branches, the legislative appointed the exec branch, and exec selects the supreme court. 1 house, state represented equally. (THIS FAVORED SMALLER STATES) Wanted equal representation. Everyone needs to be taxed (slaved and free) |
| What is the Great Compromise? | A national legislature based on both population and equal representation, 2 houses; senators 2 per state and HofReps is based on population. |
| What is the 3/5ths compromise? | Each slave counts as 3/5ths of a person for representation and population counts. The southern states wanted slaves counted for high population numbers, so this is the compromise. |
| Who are the Key individuals at the Philadelphia Convention? | George Washington, James Madison, Roger Sherman, Benjamin Franklin, and Alexander Hamilton. |
| What did George Washington do? | Commander in Chief during Rev War, 1st President of the US, and President of the Const Convention in Phil. |
| What did James Madison do? | Father of the Constitution, wrote the Virginia plan, and over 1/3 of the federalists papers, helped put together Bill of Rights. |
| What did Roger Sherman do? | Author of the Great Compromise, and signed the Dec of Independence. |
| What did Benjamin Franklin do? | Inventor, statesmen, publisher, and signed the Dec of Independence, oldest person at C.Convention. |
| What did Alexander Hamilton do? | Started the Federalist papers, and was the 1st secretary of treasury under George Washington. |
| What were the main arguments for the ratification of the Constitution? | at first said the constitution didn’t need a Bill of Rights,then later said the first thing would be a bill of rights, and they did this. Madison wrote the federalists paper #10 (about 3 branches, and checks and balances), Need a strong federal Gov’t. |
| What were the main arguments against the ratification of the constitution? | Anti(against) Federalist thought the new federal gov’t was too big, too powerful, and would take away the rights of the people, they also wanted a bill of rights to protect themselves, and thought the president would be too much like a monarcy. |
| What are the purposes or goals of our Constitution listed in the Preamble? | To form a more perfect union, to establish justice, ensure domestic tranquilty, provide for common defense, and promote general welfare. |
| How is the U.S. Constitution organized? | Preamble, then articles 1-7, these are each broken down into sub articles. There are 27 amendments, 1-10 are the bill of rights. |
| Checks and Balances for the Legislative Branch? | Legislative branch is the house of reps and the senate, Has to confirm presidential appointments, is able to override veto with 2/3rd vote in both houses. Can impeach gov’t officials. |
| Checks and Balances for the Executive Branch? | President and his cabinet. Powers are commander in chief, boss over federal budget. Checks and balances are for the President to veto items, have congress declare war, write executive orders, call congress or adjourn them, grant pardons, nominate judges. |
| Checks and Balances for the Judicial Branch? | the Supreme court. Powers are to interpret federal and state laws in court. Checks and balances are to review legislative acts, and also issue injunctions. |
| What is the ‘Supremacy Clause’? | The clause that makes the constitution the SUPREME law of the LAND. Article 6 of the constitution. Constitution takes precedent over state law, it also means the federal government has power over the states. |
| What does the 1st amendment say? | 1.) Freedom of Speech, Religion, Press, petition of the government, and assembly. |
| What does the 2nd amendment say? | Right to bear arms. |
| What does the 3rd amendment say? | Freedom from quartering soldiers. |
| What does the 4th amendment say? | Freedom from searches without a warrant. |
| What does the 5th amendment say? | Due Process- Double jeopardy- right against self incrimination. |
| What does the 6th amendment say? | right to a speedy trial |
| What does the 7th amendment say? | Right to trial by jury. |
| What does the 8th amendment say? | Cruel and unusual punishment |
| What does the 9th amendment say? | Right to privacy (Planned Parenthood-example) |
| What does the 10th amendment say? | Talks about reserved powers. |
| What is the Bill of Rights? | The first 10 amendments. |
| What does 'due process' mean in the 5th and 14th Amendments? | That people of the US have the right to a trial by a jury if they feel their indictments are wrong. We all have the right for a trial so we are able to be proven innocent if we are innocent. Citizens won’t just be thrown in jail with no rights. |
| 13th amendment | : Right to not be a slave. Abolishes slavery. |
| 14th amendment | citizenship of any person born in the USA. Right to equal protection Right to be free of any law that abridges the privileges or immunities of a citizen.Right to be free of any law that deprives a person of life, liberty, or property without due process |
| 15th amendment | Right to vote regardless of race or color |
| 17th amendment | Right to vote for Senators |
| 19th amendment | Right to vote regardless of gender. (Woman can vote) |
| 21st amendment | Right to legal alcohol. |
| 24th amendment | Right to vote even if a poll tax or any other tax is unpaid. |
| 26th amendment | Right to vote for any person at least 18 years old. |
| What is the ‘necessary and proper’ clause? | The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution. |
| How is the necessary and proper clause elastic? | because it lets the federal Government stretch their powers. |
| Why does a free society require freedom of the press? | Freedom of the Press allows ALL VOICES, ALL OPINIONS to be heard—not just Government’s opinions. -Yet the Press is private, not government-owned. So it must make a profit to stay in business. Leads to sensationalism, ‘soft news,’ |
| How is freedom of the press granted in the Constitution? | It is granted in the 1st amendment rights. |
| What is ‘Prior Restraint’? | Government censoring the Press before something is published or broadcast. In other words, Government ‘restraining’ the Freedom of the Press ‘prior’ to publication. |
| What is the Two-party System? | A electoral system (or an elections system for government) with TWO dominant political parties that compete in national elections. Winner takes all!! |
| Weaknesses of the 2 party system? | Discourages 3rd party candidates, Winner Takes all. |
| What is the election cycle for the President? | November to November, 4 year term. Take office in January. |
| 7 Steps to run for President | File for office/Get ballots. Campaign in all states, Win Delegate votes at national convention. Delegates vote at their parties political party convention, Winners campaign Sept-October. Voters vote, Electoral College casts the vote. |
| What is the Electoral College? | Is the number of votes each state gets. This is what counts for our elections. Each vote doesn’t count, each state has an electoral number of votes, Illinois is 21, if Barack were to win IL he would get 21 votes. |
| How does the electoral college work? | In 24 states electors are not bound to vote a candidate can win the majority of the national vote, but not win the presidency, States are important, elected through parties, makes candidates campaign through all states not a national campaign. |
| Marbury vs Madison | Since then: U.S. Supreme Court CAN strike down any law that violates the Constitution even though the Constitution does not grant the Supreme Court that power. |
| Plessy v. Ferguson (1896) | Started the “separate, but equal” standard allowing segregation between whites and blacks. -Government legalized public and private racial discrimination in society |
| Brown v. Board of Education, Topeka, Kansas (1954) | Finally overturned Plessy saying “separate but equal” is UNEQUAL and unconstitutional according to 14th Amendment’s “equal protection under the law.” School systems must desegregate “with all deliberate speed.” |
| Dred Scott v. Sanford (1857) | Scott was slave. Court declared he was ‘property,’ not a person or a citizen and did not right to be free. Decision allowed slavery in previously free states. |
| Lemon v. Kurtzman (1971) | (Lemon Test) for determining constitutionality of government laws. 1- Government law must have a secular purpose.2- Primary effect of law does not advance or inhibit religion.3- Must not ‘entangle’ the government ‘excessively’ with religion. |
| What is the ‘Strict Scrutiny’ Test? | Another Supreme Court test for any law impacting your religious practices.Any law stopping your ‘free exercise’ of religious beliefs must be justified by a “compelling governmental interest,” AND Be the least restrictive means for achieving that law. |
| What are the responsibilities of American citizens? | Therefore, YOU have a RESPONSIBILITY to SOCIETY and to yourself on HOW YOU USE your rights. YOU must take RESPONSIBILITY for the way you use your RIGHTS |
| What are the basic requirements for legal aliens to gain U.S. citizenship? | Residency 5 years, Moral Character, Apply for citizenship, Pay fee, Prove you can read, write, and speak English, Pass test, take Oath of allegiance to the US |
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