MGMT 211 CH2 Part1

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  1. Introduction
    • Supreme Law of the land
    • Establishes a federal system, federalism
    •    Establishes three branches of the national government
    •      Executive (the President)
    •      Judicial (the Courts)
    •      Legislative (Congress)
    •    Divides Power between National and State Governments
    • Defmes the relationship between citizens and the government
    • Limits the National Government
    • Gives the National Government the power to regulate business
    •    Major importance to this class
    •    Will see how and why later
  2. Nature and Purpose of the Constitution
    • Historical context of the adoption of the Constitution
    • The Constitutional Convention:
    • Ratification:
  3. Historical context of the adoption of the Constitution
    • In 1770's American Colonies becoming disgusted with England
    • Declaration of Independence
    • Independence won
    • Articles of Confederation
    • Shay's Rebellion
    • Change in government discussed in Annapolis
  4. In 1770's American Colonies becoming disgusted with England
    • British were passing the cost of the protection of colonies onto colonies
    • series of taxes upset colonists
    • "no taxation without representation"
    •    Boston Tea Party
    •    More taxes
    •    Naval Blockade of Boston Harbor
    •    Colonists formed First Continental Congress
  5. Declaration of Independence
    • Colonists had no army nor navy
    • British had large army and best navy in world
  6. Articles of Confederation
    • State Dominated
    • Trade barrier developed between states
    • National Government had no power to tax
  7. The Constitutional Convention:
    • 55 representatives of 12 States (Rhode Island did not attend)
    • Problems:
    •    Create strong central government but not too strong
    •    Several Compromises
    • Separation of Powers
  8. Ratification:
    • Required three-fourths of the States
    • Debate about ratification was intense
    •   For:
    •     Federalists
    •     Federalists Papers
    •     James Madison, John Jay, Alexander Hamilton
    •   Against:
    •      Anti-Federalists
    •     Several larger States (Virginia, Pennsylvania)
    •     Thomas Jefferson
    •   Another Compromise:
    •      Federalist's agreed to include personal
    •      Freedom and states rights
    •      Bill of Rights is the result
  9. Constitutional Interpretation:
    • Written in general terms/ambiguous
    • Division of Authority
    • Settlement of Conflicts of Authority
  10. Written in general terms/ambiguous
    • Flexible
    • Judicial interpretation
  11. Division of Authority
    • need for strong National Government BUT not too strong
    • Three basic governmental functions set out by Constitution
    •    Make law (legislature)
    •    Enforce law (executive)
    •    Interpret and apply the law Gudicial)
    • By separating the power/authority, no one branch has too much power
    • For example, see Immigration and Naturalization Service v. Chadha
  12. Settlement of Conflicts of Authority
    • Occasionally, one branch of the government interferes with another
    • Example- Youngstown Steel & Tube Co. v. Sawyer
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MGMT 211 CH2 Part1
2013-01-04 17:13:36
MGMT 211 CH2 Part1

MGMT 211 CH2 Part1
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