Study guide – CDA Unit 1 - Review the following
The philosophers
Locke – Life, Liberty and Property Hobbes – in the state of nature life is “nasty, short and brutish” Montesquieu – developed the 3 branches of government
Social Contract Theory – idea the government is a contract between governed and the government - people have to consent –Force – fighting, so need projection in side walls -- Divine Right – rule by deity or God - Evolutionary – family unit developed into the government systems over time
Magna Carta- 1st document limiting the power of government -1215
The English Petition of Rights–established the rights of the English people - 1689
Forms of Government-
Democratic – ruled by the people- direct – every vote counts – indirect – republic - representatives
Oligarchic – rule by the few or small group - example - Communist- China
Autocratic – rule by one – absolute monarchy or dictator – example Saudi Arabia – absolute monarchy
Forms of Power distribution in government –
Unitary –one person or one group – all power in national or central govt.
Federal – power distribution between national and states - key words divided or separated
Confederation – loose voluntary alliance between states or countries for a common goal
Declaration of Independence – Why was it written? To motivate American’s to free themselves from England Who was the Author? Thomas Jefferson What are the unalienable rights? Rights granted to every person by birth – life, liberty and the pursuit of happiness
Articles of Confederation – 1781-1789 government after the Declaration of Independence – weak national government – states remained independent - could not levy taxes
Constitution –Preamble, Articles and what they establish. Amendments – first 10 - Bill of Rights
Important Facts about the Constitutional Convention
1.May- September 1787
2.55 Delegates from 12 states (not Rhode Island)
3.George Washington is appointed as President of the Convention
4.Met in Philadelphia, Pennsylvania at Independence Hall
5.Debates:
1.Virginia Plan- 3 branches, bicameral legislature with representation based on population; written by James Madison
2.New Jersey Plan- not too different from the Articles of Confederation; written by Paterson, unicameral legislature with representation equal for every state
3.Connecticut Compromise- took most ideas from the Virginia Plan: 3 branch government with separate and equal branches, bicameral legislature- one based on population, the other equal for each state
4.3/5 Compromise- settled the debate over how to count slaves in the population; would count them as 3/5 of a person
6.Commerce and Slave Trade Compromise- calm down southern fears that the slave trade was going to be stopped and that exports will be taxed; said that slave trade wouldn't be touched for 20 years (1808) and that the federal government would not tax exported goods
1Ratification- needed 9 out of 13 states, but wanted all of them.
2.Debate over ratification:
7.Federalists- liked the Constitution as it was and pushed for ratification; led by Madison
Anti-Federalists- did not like the Constitution because it did not guarantee rights to citizens
8.Ratification- Constitution is ratified after the Bill of Rights is added guaranteeing citizens' rights. All 13 states ratified the constitution.
The Constitution
1.Signed on September 17, 1787
2.Madison is called the “father of the constitution”
3.3 parts:
a.Preamble- the introduction to the Constitution; it explains the purpose of the government: to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, secure blessings of liberty
b.Articles- 7 sections of the Constitution (Article 1- legislative branch; 2- executive branch; 3- judicial
branch)
c.Amendments- 27 total; 1-10= Bill of Rights
4.Basic Principles of the Constitution-
1.Popular Sovereignty- people have the power; government exists by the will of the people
2.Rule of Law- aka Limited Govt.; govt. is not above the law; they only have the power the people give them
3.Separation of Powers- the government is divided into three branches that are separate and equal
1.Legislative Branch- makes the laws; Congress= Senate <2 per state/total 100> and House of Representative <based on population/total 435>
2.Executive Branch- executes/enforces the laws; President, Vice President and Cabinet
3.Judicial Branch- interprets the laws; Supreme Court <9 justices>
4.Checks and Balances- each branch can check the power of the other branches
5.Judicial Review- the court can declare acts of the government unconstitutional
6.Federalism- the power in the government is divided between national and state governments
Amendment Process-
1.Formal Amendment- these changes actually become part of the Constitution; based on the principle of federalism
1.Amendment proposed by 2/3 vote in both houses of Congress and then ratified by ¾ of state legislatures (26 of the Amendments in the Constitution were done this way)
2.Amendment proposed by Congress and then ratified by conventions in ¾ of the states (only the 21st amendment was done this way)
3.Amendment is proposed by national convention after 2/3 of the state legislatures request it <34 states>; it is then ratified by ¾ of the state legislatures
4.Amendment is proposed by a national convention and ratified by the conventions in ¾ of the states <much like the Constitution>
1.Informal Amendment- these do not become part of the Constitution
2.laws are created by Congress
3.actions of the President <often deals with other countries>
4.actions of the Supreme Court <ex: Marbury v Madison>
5.activities of political parties
6.customs
Powers:
1.Delegated powers- the powers given to the national government
1.Expressed powers- clearly expressed in the Constitution
2.Implied powers- implied by the necessary and proper clause
3.Inherent powers- powers that have always belonged to sovereign states
2.Reserved powers- the powers reserved for the state governments
3.Exclusive powers- powers that only belong to the national government
4.Concurrent powers- powers that both the national and state governments have
5.Supremacy clause- the constitution is the supreme law of the land