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Some other "Musts" stated by Charles -Louis
de Secondant, Baron de la Brede et de
Montesquieu
-He Discusses the necessity of commerce-Nations cannot enrich themselves through conquering other nations occupying, armies are expensive and not many nations can sustain them for long and no nation can sustain them forever-Extracting precious metals only leads to inflation in both nations-Taxes should not be so high as to oprress the citizens. -Taxes should be low enough to allow citizens to move up social-economic "ladder" TERM 2
Charles Montesquieu states since trade is so
important, nations should do what?
DEFINITION 2 -Should pass laws that favor trade-Should maintain a stable currency-Should maintain fiscally sound budgets; ex be fiscally responsible TERM 3
Alexis De Tocqueville
DEFINITION 3 -Writes influential book (2 volumes - vol 1 1835; vol. 2 1840).- Democracy in America-Commentary on the differences in America & France/England-Democracies will always fall into a tyranny of the majority-Coins the term "Soft Despotism" TERM 4
Alexis De Tocqueville
DEFINITION 4 One observation he makes in his book....-He noticed that due to freedom of Religion in the U.S., Religions had become more powerful / important.Two predictions he makes in his book...-U.S. would fight a war over slavery-U.S. and Russia would dominate the 20th Century TERM 5
Common Law (Common law vs Civil Law)
DEFINITION 5 -Is a from the british system where local villages / towns would decide the fait of an accussed person without taking the "trial" to london or the national government (These trials were called "moots")
Case Law (Common Law vs Civil Law)
-Is from the Roman System where there would be professionals jurors.(The courts and jurors simply apply the laws) TERM 7
What are the 3 main schools of thought in
terms of Political Theory?
DEFINITION 7 -Relaists-Liberals-Radicals TERM 8
Realists (One of the 3 main schools)
DEFINITION 8 -They think human nature is inherently evil-In their study of nations they focus on the legal system. The people & leaders play a minor role-They are trying to avoid war, but realize that it will continue until there is a global government TERM 9
Liberals (One of the 3 main Schools)
DEFINITION 9 -Human Nature is inherently good-The "players" become just about everyone in their studies" Government, Religous Groups, Companies, NGOS, Supernatural, B.I.S. -They strive for free markets (Prouducts/Services/Information/Data)-Freedom will lead to Equality-Private Property ownership is a must TERM 10
Radicals (One of the 3 main Schools)
DEFINITION 10 -Human Nature is inherently evil-The "Players" are simply the leaders-The system is corrupt & the only way to change this is through revelution-Equality will lead to freedom-Private Property ownership must be removed
What happened in America in mid 1700's
- 1763; French & Indian War- Taxes raised- Trade regulations are tightened- Sugar Act; 1764-Currency Act; 1764- Stamp Act; 1765- Tea Act; 1773- - TERM 17
Date "The Shot heard around the world"
DEFINITION 17
Date a group of men tried to petition the
Crown?
DEFINITION 18
What is the committee of 5?
DEFINITION 19
- the men who drafted the declaration of Independence.( drafts written prior t the one we know) TERM 20
Who are part of the "Committee of 5?"
DEFINITION 20
- Thomas Jefferson (36 yrs old; youngest)- Ben Franklin- Robert Livingston- John Adams- Roger Sherman
What does George Mason
do?
-Wrote the Virginian Declaration of Rights; May 1776- Writes the Virginian Constitution; June 1776- Declares Virginia Independent of the Crown in the Virginian Constitution TERM 22
What is the Virginian Constiution?
DEFINITION 22
- All men are by nature equally free & independent TERM 23
What are the rights that cant be taken away
from men in the Virginian Declaration of
Rights?
DEFINITION 23
- Life-Liberty- means of aquiring property & pursuing & obtaining happiness TERM 24
Virginian Declaration of Rights
contain?
DEFINITION 24 -All power is vested in & consequently derived by the people- No man, or group, are entitled to exclusive or seperate, payments or privilages from community.-Suspending of laws without the consent of the people should be allowed. TERM 25
In the Virginian Declaration of rights, the
capital or criminal prosecutions are defined
by?
DEFINITION 25
- Accused should be able to confront their accuseas-Have wintesses in their favor-Have access to information against them-Speedy Trial & Jury Trial-Right to uniform Govt-Self Incriminate-Due Process-Excessive fines & bail not allowed- Right to privacy & Freedom of press-Entitled to the free exercise of religion
When was the Declaration of Independence
published?
When was the Declaration of Independence
Signed?
DEFINITION 32
George Mason wrote the New Constitution
and was approved when?
DEFINITION 33
- September 17, 1787 TERM 34
Declaration of Independence calls the King a
what/
DEFINITION 34 -Tyrant TERM 35
Definition of Man's
Law?
DEFINITION 35 -March 1781-First Constitution-Articles of Confederation
What are the causes of failure for "Man's
Law"?
-No excutive Branch-Part time Government-One house of Government- Too much power to the states- Main reason to fail; did not have power to tax TERM 37
Two success stories we still use today for
Man's Law?
DEFINITION 37
- Freedom of Movement (Travel anywhere within US w/o passport)-Federal Govt had power to coin money TERM 38
Who was the first President? How long was his
term?
DEFINITION 38 -John Hansen- Served one year term TERM 39
How many presidents did we have prior to
George Washington that served a 1 year
term?
DEFINITION 39 -Seven TERM 40
In April 1783, the "Treaty of Paris" does what?
DEFINITION 40 -Ends the war-Establishes boarders-Establishes grants
Fishing rights to British Ships-Land swamps-POW's are allowed to leave unharmed
When was the constitution ratified by the 9th
state, New Hampshire?
-June 21, 1788 TERM 47
In the preamble that James Madison finally
realizes is and what does it mean?
DEFINITION 47 -We the people, do ordain and establish thisconstitiution for the United States of America* "We the people" > First time in Human history it is the people giving the law to the government* To form a more perfect Union > admitting failure of articles* Establish Justice > better relations within states TERM 48
Constitution Day is what day?
DEFINITION 48 -September 17th, 1787 TERM 49
Aricle I, sec 1?
DEFINITION 49 -Sets up Congress which is made up of the senate and the house of represenatives TERM 50
Aritcle 1, sec 2 defines the House of
Representatives how?
DEFINITION 50
- 2 yr terms-Electors are based of this-25 yrs old-7 yrs as citizen-Resident of state-How we come to the number of reps-3/5 clause-Census (1st one was 1790)-30,000 citizens per rep-Sole of Impeachment
The re-appointment act of 1929 for Article 1,
did what?
-Set the number at 435(Take the number of citizens and divide by 435, so gives you number of citizens) TERM 52
Article 1, sec 3 defines the Senate
how?
DEFINITION 52
- 6 yr terms-3 classes (2yr, 4yr, & 6yr terms)-1/3 of the Senate up for re-election every 2 yrs-If any vacancies, state legislative not present, the Goveror appoints-has to be 30 yrs old-9 years as a citizen-Has to be resident of state- President of the Senate is V.P. with tie breaking vote-House Impeachments-Has to be a 2/3 vote to convict, then removed from office TERM 53
Article 1, sec 4 states?
DEFINITION 53
- Congress meets at least once a year on 1st Monday in December TERM 54
Article 1, sec 5 states?
DEFINITION 54 -Each house judges the elections and qualifications of members-28 year old can sit in senate-Set their own Rules- They do not impeach themselves-Punish / expell members with 2/3 vote-Keep journal - Public Record except in secracy by 1/5 vote-Cant adjourn for more than 3 days w/o consent of other house TERM 55
Aricle 1, sec 6 states?
DEFINITION 55
- Senators & Reps are to be paid-They shall expect treason, felony, & breach of peace-They are exempt from arrest if not a felony-Cannot be secretary of state & house senate at one time-No congressman shall be appointed to office
Article II, sec 1 is the what?
-Executive Branch* President & VP serve 4 yr terms* Have to be 35 yrs to vote* Have to be a natural born citizen to vote* Have to be a 14 yr citizen to vote* If president is removed, VP will be "acting" president until next elec.* Set fee to be paid to President is $400,000 a term TERM 62
Article II, sec 2 is about who and what?
DEFINITION 62
- Commander in Cheif of Military* He has power to make treates* He can nominate ambassadors, cabinet, judges TERM 63
Article II, sec 3 states?
DEFINITION 63
- Commander in cheif gives state of the union address given to congress from time-to-time TERM 64
Article II, sec 4 states?
DEFINITION 64
- President, VP, & all civil officers can be impeached for the reason of treason, bribary, & high crimes TERM 65
Article III, sec 1 states?
DEFINITION 65 -Sets up the Supreme Courts-Congress creates the inferior courts
Article III, sec 2 is?
-Jurisdiction of the Supreme Court TERM 67
Article III, sec 3 states Treason is defined as
what?
DEFINITION 67
- Levying war-Adhearing to their enemies by giving aid or comfort-can only be convicted by 2 witnesses during a confession TERM 68
Article 4, sec 1 is?
DEFINITION 68 -States must honor the laws of the other states.-Right to bare arms (Except for illinois) TERM 69
Article 4, sec 2 states?
DEFINITION 69 -Extradite > Governor has power to bring back person to theirstate if person kills inanother state. TERM 70
Article 4, sec 3 is
DEFINITION 70 -New states* Can turn 2 states into 1 or add another state
When was New Hampshire ratified?
-June 21, 1788 TERM 77
George Washington was the?
DEFINITION 77 -First President to serve 4 yr term-Was the deputy from Virginia TERM 78
Ben Franklin did what?
DEFINITION 78
- Signed all 3 ratifications TERM 79
Bill of Rights, Amendment 1 states what 5
rights?
DEFINITION 79 -Freedom of Speech-Freedom of Press-Freedom of Religion- Peaceful Assembly-Petition Govt for grievances TERM 80
B.O.R. Ammendment 2; 2 rights are?
DEFINITION 80 -Regulated Militia-Right to bear arms (to protect you from life against criminals & govt)
What two ammendments are the founding
fathers most best?
-First and Second Amendments TERM 82
BOR, Ammendment 3 states?
DEFINITION 82 -No quarting of troops in peice time TERM 83
BOR, Ammendment 4 states?
DEFINITION 83 -Peopleare secure in their person, papers, houses, & effects against unreasonable searches & seizures-Right to privacy TERM 84
4th Amendment was developed by the what
act?
DEFINITION 84 -Boyd v U.S. in 1886; right to privacy-Weeks v U.S. in 1914; exclusionary Rule TERM 85
Patriot Act is?
DEFINITION 85 -Sets up the intellegence court to have secret wire taps & warrants for arrest
Amendment 8 is?
-Excessive fines, balances, and cruel & unusual punishment is not allowed TERM 92
Amendment 8, Wilkerson v Utah in 1878
is?
DEFINITION 92 -Drawing & Quartering-Public Disecting-Burning Alive- Disembowelling TERM 93
Ammendment 8; Roper v. Simmons in 2005
is?
DEFINITION 93 -Cannot execute minors TERM 94
Ammendment 8; Coker v. Georgina in 1977
is?
DEFINITION 94 -Rape is not grounds for capital execution, unless a life is taken TERM 95
Amendment 9 is?
DEFINITION 95 -Just because it is not specifically covered in the constitution, does not mean it is denied.
Amendment 10 is?
-If it is not specifically given federal government or denied states, it is the rights of the states or the people. TERM 97
Amendment 11 is?
DEFINITION 97 -Clarrifies the Jurisdication of the Supreme Court. TERM 98
Amendment 12 is?
DEFINITION 98 -Creates the party tickets TERM 99
Amendment 13 is?
DEFINITION 99 -Slavery and forced labor is not allowed TERM 100
Amendment 14
DEFINITION 100
- Citizenship & Due Process-Removes the 3/5 clause
