Chapter 1, 2, 3 Study Guide

Ch. 1

 Government- is the institution through which a society makes and enforces its public policies. Government is made up of those people who exercise government’s powers, those who have authority and control over other people.

 Public policies- all of those things a government decides to do. Setting minimum wage, maintaining large, income tax and protect the environment.

 The state- as a body of people, living in a defined territory, organized politically under a government having the power to make and enforce law without the consent of any higher authority. There are more than 180 states in the world.

 Sovereign- it has supreme and absolute power within its own territory. Each state can decide its own foreign and domestic policies.

 Population- with relation to size and culture- population is composed of people who are much alike. Or it can be heterogeneous or made up of different races, language, religions and customs.

 Territory- just as a state must have, so must it have land- territory with known and recognized boundaries. San Marino ranks as the smallest state in the world while Russia is the largest with 7 million square miles.

 Origins of the State- for century’s people have pondered the question of the origin of the state. Over the years, people have come up with four basic theories.

 The Force Theory- many people believe that the state was born of force. One person or group claimed control over an area and forced all within it to submit to that person or group’s rule.

 The Evolutionary Theory- state was developed naturally out of the early family. One person was the head and thus the “government” was the first stage of development.

The Divine Right Theory- this was a popular theory in the 15^th through 18^th centuries. It was believed that God created the state and God gave royal birth “divine right” to rule the people.

 The Social Contract Theory- this theory can be seen in American government. This theory argues that the state arose out of a voluntary act of free people.

 The Purpose of Government- this statement is answered for Americans in the Preamble of the Constitution. In America, the government system was created to serve.

To Form a More Perfect Union- when American received its freedom, the states started fighting for power. By this event, the Constitution was created to unify the 13 states.

 To Establish Justice- Thomas Jefferson said, “the most sacred of the duties of government” is justice. The people define justice as many things like truth, liberty and good.

 To Insure Domestic Tranquility- order essential to the well being of any society and keeping the peace at home. Most can image what anarchy would be like and take peace for granted.

 To Provide for the Common Defense- defending the nation against foreign enemies. Defense is mentioned far more often in the Constitution than any other thing.

 To Promote the General Welfare- the building of schools and libraries are examples of general welfare. Most people don’t realize it is the government that promotes these institutions. 

To Secure the Blessings of Liberty- the United States was built on the bases of “the God who gave us life gave us liberty at the same time”. Throughout American history, dedication to freedom was important.

 Classifying Governments- No two governments are the same but they can be grouped into categories. Over time, social scientists have started to classify the different types of government.

 Geographic Distribution of Power-in every system of government, power is based on geography. From location, unitary, federal and confederate governments are created.

 Unitary Government- described as a centralized government. All powers are held by the government are controlled by a central agency.

 Federal Government- one in which the powers of government are divided between a central and several local governments. The superior authority makes rules according to geography.

 Confederate Government- is an alliance of independent states. The government has the power to handle only those matters that the member states have assigned to it.

Relationship Between Legislative and Executive Branches- some people view government from a standpoint of the relationship between legislative and executive. These powers are presidential and parliamentary. 

Presidential Government- a separation of powers between the executive and legislative branches of the government. The two branches are independent of each of and are coequal.

 Parliamentary Government- executive is made up of the prime minister and legislative branch called parliament. The Prime Minister is the leader of the majority party and parliament approves his cabinet members. 

The Number Who Can participate- a meaningful part of government where the people participate. In most governments though, the people are limited to what they can do. 

Dictatorship- exists where those who rule cannot be held responsible to the will of the people. Dictatorship is one of the oldest forms of government around today.

 Democracy- supreme political authority rests with the people. People hold the sovereign power and the government is conducted by the consent of the people.

 Direct Democracy- also called “pure democracy”. Exists where the will of the people is translated into public policy directly by the people. This type of government could only work in small communities.

 Representative Democracy- a small group of persons chosen by the people to act as their representatives expresses the popular will. These agents of people are responsible for carrying out day-to-day conduct of government. 

The Foundation of Democracy- democracy is not expected for most countries in the world. It exists in the United States because it is the best possible form of government at the time.

 Fundamental Worth of the Individual- democracy is based on the belief in the fundamental importance of the individual. Democracy insists that each person’s worthy and dignity must be recognized and respected by all other individuals.

 Equality of all Persons- democracy does not insist on an equality of condition of all people. The democracy concept says that equality is: opportunity and before the law.

 Majority Rule and Minority Rights- democracy argues that majority of the people will be right more often than being wrong. Minority rights are those who are against majority popularity.

 Necessity of Compromise- the process of blending and adjusting. This is an essential part of democracy because some many not agree what the people think.

 Individual Freedom- democracy does not and cannot insist on complete freedom. But it does say that each individual must be as free to do as he or she pleases.

 Anarchy- total absence of government. In this type of government, freedom would not even exist.

 Ch. 2

 Basic Concepts of Government- early English settlers brought with them knowledge of a political system. When they came, they brought three ideas of government.

 Ordered Government- first English colonists saw that order was needed to regulate their relationship with one another. Local governments based used this to keep law in their colonies.

 Limited Government with respect to England and the Magna Carta 1215- deeply rooted in English belief and practice. It was the first government of the new colonies. 

Representative government (will of the people)- government should serve the will of the people had also developed in England. This concept seeded “government of, by and for the people.”

 Magna Carta- principle that the power of the monarchy was not absolute in England. It was forced on King John by barons in 1215.

 The Petition of Right- challenged the idea of the divine right of the king. In 1628, England declared that the monarch must obey the law of the land.

 The Bill of Rights- first 10 Amendments of the Constitution. In England, it had it so that the king didn’t abuse their powers.

 English Bill of Rights- prohibited a standing army in peacetime except by the consent of Parliament. This is the first time a quick and speedy trial was guaranteed.

 John Locke (natural rights)- philosopher that came up with natural rights rather than privileges. Natural rights are rights to freedom and having a jury in trial.

 Government in the Colonies- all 13 colonies were established separately having there own local governments. This made it hard to trade and its own charter. 

Charter- a written grant of authority from the king. In later years, they were used to establish three different kinds of colonies. 

Royal Colonies- subject to direct control of the Crown. In 1624, Virginia became the first royal colony because the king revoked the London Company Charter.

 Bicameral- describing legislative body composed of two houses. The laws passed by this bicameral had to be approved by the governor and the king.

 The Proprietary Colonies- a person to whom the kind had made a grant of land. The land could be settled and governed much as the owner chose. 

Unicameral- a legislative body composed of one house. Governor’s council did not act as the house but the king did.

 The Charter Colonies- governors were elected each year. Laws passed were not subject to veto by the governor.

 Royal Control- Parliament took little to manage or control the colonists. The king made decisions for the people and they were to obey them. 

 Growing Colonial Unity- attempts had been made to promote cooperation among the colonies. Many of the failed but when England started taxing, unity came forward.

 Early Attempts- New England Confederation’s “league of friendship” for the defense against Native Americans. This plan failed because of friction between colonists.

 The Albany Plan- British Board of Trade called a meeting of the northern colonies. The purpose was to discuss the problems with colonial trade and danger of attacks.

 Albany Plan of Union (Ben Franklin Factor)- formation of an annual congress of delegates from each of the 13 colonies. The king and the colonies turned it down.

 The Stamp Act Congress- required the use of tax stamps on all legal documents, certain business agreements and newspapers. Colonists coin the phrase “taxation without representation.”

 The First Continental Congress- 55 delegates from each colony, except Georgia, came to Philadelphia to discuss the worsening situation and plans of action. They sent the Declaration of Rights to London and enforced boycotting. 

The Second Continental Congress- Parliament still refuses plans and another meeting was called in Philadelphia. This time, it became the first national government the colonies ever had.

 The Declaration of Independence- declared independence of the colonies and “the repeated injuries and usurpation.” Of the 56 men that signed, each one realized they just signed their death warrant.

 The First State Governments- in 1776, New Hampshire adopts a constitution to replace royal charter. Many other colonies started creating constitutions of their own and dropped their charter.

 Written Constitutions (in states)- bodies of fundamental laws setting out the principle, structures and processes of their constitutions. Assemblies were commonly used to draft these new documents.

 Common Features of New States- some of the state constitutions that be beginning were very different than today. But they do share many common features.

 Popular Sovereignty- government can exist and function only with the consent of the governed. The people are the ones that hold the power and are sovereign.

 Limited Government- powers delegated to government were granted and hedged with many restrictions. This was a major feature in each document.

 Civil Rights and Liberties- contained a bill of rights, “unalienable rights” which were held by the people. Each State made it clear that the people held certain rights and the government must respect that.

 Separation of Powers and Checks and Balances-the new State governments were divided among the executive, legislative and judicial. The constitutions were brief and were basically declarations of principle and statements of limitation on government power.

 The First National Constitution- the Articles of Confederation was instituted to establish “a firm league of friendship”. The States came together ‘for their common defense” and security.

 Ratification- formal approval of each of the 13 States was needed to approve a law. By 1781, the Articles of Confederation were effective because of ratification.

 Articles of Confederation- “a firm league of friendship” among the new States. Each kept “its sovereignty, freedom and independence.

 Governmental Structure- there was no executive or judicial branch of government. Each year Congress would choose a member to become president. S

 Powers of Congress- it could make war and peace, send and receive ambassadors and do what the executive branch would do. They were in complete control of foreign and domestic affairs.

 State Obligations- States pledged to obey the Articles of Confederation and acts of Congress. States retained those powers not openly given to the Congress.

 Weaknesses- Congress couldn’t have the power to impose taxes. Nor did they have the power to regulate trade between States.

 The Critical Period, the 1780's- States bickered among themselves and grew increasingly jealous of one another. States taxed each other’s goods and even banned some trade.

 The Meetings at Mount Vernon and Annapolis- ignoring the Congress, the two states of Virginia and Maryland came together and talked about trade problems. Their negotiations were successful.

The Framers- group who came together to draft the Constitution. When you look at the men who wrote the Constitution, they are probably the most unlikely people to draft such a document.

 Framers (included who?)- they were George Washington, Thomas Jefferson, James Madison and Alexander Hamilton (just to name a few). Some were wealthy, other poor, others educated and other didn’t even pass the 6^th grade.

 Organization and Procedure- the States unanimously elected George Washington as the president of the convention. Many state delegates came to discuss issues and attracted many citizens.

 The Decision to Write a New Constitution- wanted to rewrite the Articles of Confederation but the delegates saw it as writing a new government. After clearing up the misunderstanding, they proceed in writing a new constitution. 

The Virginia Plan- called for a new government with a legislative, executive and judicial branch. The legislature would become bicameral and the Congress would choose a national executive and national judicial.

 Virginia Plan (3 branches govt.)- the legislative branch would be divided into the House of Representative and Senate. In addition to splitting the legislature, a executive and judicial branch would be created to equal power.

 The New Jersey Plan- kept the unicameral Congress and each State would be represented equally. It also called of Congress powers to be limited to tax and regulating trade.

 New Jersey Plan (plural Executive)- a federal executive of more than one person would be elected. They would be chosen by the Congress and removed by request of majority of State governors.

 The Connecticut Compromise- small States feared they would not be able to protect their interest. The compromise agreed that Congress should be composed to two houses.

 The Three-Fifths Compromise- slave-holding States argued that slave should be counted as people in population. The Framers agreed on counting all free persons and “three-fifths of all other persons.”

 The Commerce and Slave Trade Compromise- Congress was forbidden the power to tax the export of good from any State. The trade states feared that Congress would try to pay for the new government out of exports.

 "A Bundle of Compromises"- this is what people called the drafting of the Constitution. There were many different opinions the delegates had concerning certain issues. 

 Sources of the Constitution- came from the writings of enlightened individuals like Rousseau and John Locke. They also wrote by the experiences they had with the Second Continental Congress, Articles of Confederation and State governments.

 The Convention Completes Its Work- the Committee of Stile put the Constitution in its final form. Although some of the Framers were not satisfied with what they wrote, it was finalized. 

 Ratification- formal approval of each of the 13 States was needed to approve a law. By 1781, the Articles of Confederation were effective because of ratification.

 Federalists- people who stressed the weaknesses of the Articles of Confederation. They thought the Republic could be overcome only by a new government under the proposed constitution. 

 Anti-Federalists- someone who was against the Constitution. They attacked every part of the Constitution and wanted the absence of mentioning God and against other proposals.

 Success (Federalists)- the contest for ratification ended with the federalists winning. This ended the fighting against the anti-federalists.

 Inauguration of the New Government- chose New York as the temporary capital of the United States. Then in April, George Washington was elected President of the United States and sworn in at New York City.

 Ch. 3

 Popular Sovereignty- the people are the only source of governmental power. Government can govern only with the consent of the governed. 

Limited Government- government is not all-powerful. It may do only those things that the people have given it the power to.

 Constitutionalism- the government must be conducted according to constitutional principles. In other words, the government must obey the law. 

Rule of law- government and its officers are always subject to the law. This is a concept of limited government.

 Separation of powers- distributes the powers of the National Government among the Congress, President and Judicial. This is how the United States Government is run.

 Checks and Balances- each branch is subject to a number of constitutional restraints by the other branches. The Framers did this to make sure no one person gets too much power.

 Judicial Review- the power to decide whether what government does is in accord with what the Constitution provides. It is the power of a court to determine the constitutionality of governmental actions.

 Unconstitutional- to declare lull, illegal and void. If a government action is found to violate some provision of the Constitution it is called unconstitutional.

 Federalism (How did it come about?)- the division of power among a central government and several regional governments. It was solution to stop colonists from rebelling against the harsh power of central government.

 Amendment- for changes in its written words. The Constitution provides for amendments to be added to it.

 Formal amendment- changes or additions that become part of the written language of the Constitution itself. In this formal amendment, there are four methods.

 First Method- two-thirds vote in each house of Congress. To have ratification, there be a three-fourths vote.

 Second Method- amendment my be proposed by the Congress then ratified by convention. In this case, three-fourths must vote for the amendment. 

Third Method- can be proposed by a national convention. This requires a two-thirds vote of the State legislature.

 Fourth Method- my be proposed by a national convention and ratified by convention and three-fourths vote. The Constitution places only one restriction on the subject with which a proposed amendment may deal.

 The 27 Amendments- the amount of amendments that have been added to the Constitution. The last amendment dealt with Congressional pay.

 Bill of Rights- the first 10 amendments of the Constitution. Set out the guarantees of freedom of expression and belief.

 Informal amendment- process by which many changes have been made in the Constitution that have not led to changes in the document’s written words. They result in day-to-day and year-to-year experiences of government.

 Basic Legislation- it passes many laws to spell out several of the Constitutions brief provisions. Congress has added to the Constitution by the way in which it has used many of its powers.

 Executive Action- powers used by the President to do something. These powers include declaring war and being Commander in Chief.

 Executive agreement- a pact made by the President directly with the head of a foreign state. The difference between executive agreement and treaties is that they need not be approved by the Senate.

 Court Decisions- they interpret and apply the Constitution. Many important cases are Marbury v. Madison.

 Party Practices- Constitution makes no mention of political parties. Although the Framers were opposed to parties, they have developed over time.

 Custom- unwritten customs may be as strong as written law. Customs are very powerful in American life.