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What is meant by separation of powers?
-How are powers separated?
-Where does each branch/es and/or gov receive its power?
-Define concept of Checks & Balances: Provide ex. of how this concept works in practice.
- Separation of power so not one or a group gets too much power.
- Legislative:Congress, Executive:Presidents, Judicial:Supreme Court Justices
- Legislative(enact laws), Executive(enforce laws), Judicial(interpret laws).
- "Balance": controls or checks itself, "Checks": allows one branch checks to limit another branch. (EX: Ex can veto bills from leg, but leg can override veto)
Two methods for proposing Constitutional amendments?
-Two methods for ratifying a Cons. amendment?
-What methods are commonly used?
- Proposing:2/3 of both houses of Congress (H of R)+(Senate) OR 2/3 of all State legislator petition Congress to call a constitutional convention.
- Ratifying is selected by Congress: 3/4 of all State legislator OR 3/4 of all States ratifying conventions. (Each state has their own convention)
Describe the characteristics of the majority of the delegates to the Constitutional Convention.
-Were these people representatives of population?
-Who were they & why were they there?
- All white men, Ages 26-81, well educated, creditors.
- Economic & political figures, American elite's, previous governors & congress.
What are some values that the delegates shared & how did these values affect the structure of our Constitution & governmental system?
Describe the political spectrum
- -The political spectrum is divided into Right, Left & Center
- -RIGHT: Conservatives who believes in retrogressive change. (Political philosophy) Reactionary social order, laws & traditions, construct views, deconstruct beliefs. EX:GERMANY-CENTER: Moderates & Status Quo (Public Policy)
- -LEFT: Liberals who believes in progressive change. (Political Philosophy) Radical social justice=access to political rights & access to economical rights.
Explain National Supremacy.
-Explain both specifics & significance of McCulloch vs. Maryland & how it relates to Nat'l Supremacy.
- -The relationship established between national and state gov. Nat'l Supremacy is in the Constitution. It's made up of laws for Nat'l gov (foreign policy). Nat'l gov make laws for state gov.
- -Significance: where & when states could exercise their power.
- -Specifics: The state tried to tax a nat'l bank. But a state cant use its power to thwart nat'l policy.
Explain how the Elector College operates.
- (Constitution->state leg->pol parties->popular vote)-I.a)state leg selects method
- b)in all cases state led power to pol parties
- c)H of R + Senates= # of votes
- d)Each party selects # to each state entitled
- e)who gets to be an elector
- -II. Popular vote: vote selects state of electors. (state by state basis)
- :(DEC)winning electors from each state cast one vote for pres & VP.
- -H of R: Top 3 vote by state (Each state 1 vote)
- :2/3 of state present majority of all states
- :Senate selects VP
According to the original constitution how were the constitution officers selected?
- -Legislative:(H of R)The people in the individual states. (Senate) Chosen by state legislator.
- -Executive: Each elector go to own state & vote by ballot.
- :list is made of everyone who voted & who was voted for & then count them.
- :the votes are sent to Pres of Senate.
- :In view of Senates & H of R the votes are opened & counted.
- :greatest # of votes= Pres
- :if = than H of R should chose by ballot President
- :if no majority, 5 highest names are took & house chose Pres
- votes are taken by state with only one Rep vote
- greatest electoral votes=VP
- -Judicial: By Pres with advice & consent from Senate the judges are appointed
Difference between Hamilton(federalist) & Jefferson(Anti federalists)
- HAMILTON:-Sec. of treasury
- -Urban View
- -Mercantile capitalism (Wall St.)
- -Loose construction of constitution
- JEFFERSON:-Sec. of state
- -Rural view
- -Plantation lifestyle
- -State rights
- -Strict construction
Define the concept of unitary gov.
-Define concept of federalism.
-What government did they farmers adopt?
-Explain how the federal & unitary systems interact providing the structure of gov in U.S.
-Describe origins of U.S federalism.
- -Unitary Gov: All power invested in central gov & whatever power the central gov grants they can also take away.
- -Federalism: A system of gov where power is shared between two or more units of gov.
- -Federal systems are our nat'l gov which provides power to our unitary gov (state gov) & our state gov provides power to our local gov.
- -Federal origins from Iroquois thoughts.
Explain how the following expanded the power of Nat'l gov:
Mcculloch v Maryland
Gibbons v Ogden
Brown v BOE
- MC v ML: state gov didnt have the right to thwart national policy
- G v O: empowered the nat'l gov to develop a nat'l economy
- Civil War:
- B v BOE: made segregation illegal & protected civil rights under nat'l gov
Define & give a example:
- D-R: a belief that the nat'l gov is acting in ways the constitution didnt mean it to. (unfunded mandates)
- C-M:Gives states veto power over nat'l gov ()
- D-F:nat'l & state gov is equal sovereigns with their own sphere of supremacy.
Mapp v Ohio
Gideon v Wainwright
Powell v Alabama
Writ of Habeas Corpus
- -Mapp v Ohio:evidence obtained in an illegal search is inadmissible in court.
- -Gideon v Wainwright:all people accused of committing a crime have a constitutional right to legal counsel.
- -Powell v Alabama: if accused of a crime you must be guaranteed their right of due process & equal protection under the 14th amendment.
- -Writ of Habeas Corpus:a direct order to the person detaining another & commanding him to produce a bosy of the person oe person detained.
Define the four theories of racism:
economic theory of racism
- -Nativism: the belief that only those born on their countrys soil should reap the benefits of their birth rights.
- -superior/inferior: the concept that one group or culture is genetically, intellectually, and culturally more superior than any other group.
How did the following play a role in racism:
Trail of Tears
Plessy v Ferguson
- -Trail of Tear: forced relocation of the Cherokees, Choctaws, Creeks, Chickasaws ans Seminoles to Indian territory.
- -poll tax: you have to pay money to vote & back then blacks didnt have enough money to live.
- -Plessy v Ferguson: This case came up because segregation was still happened but everything the blacks got was poorly handled. So this case rule separate but equal.
- -redlining: used by financial institutions, the denied people loan that wanted to buy property in racially change neighborhoods.
whats has been the position of the Supreme Court regarding freedom of speech?
- -Pure speech is speech without any conduct: in the case Schenck v United States the distinguish acceptable speech from unacceptable.
- -Fighting words: SC defines them as words by their nature inflict injury.
- -Slander:verbal, malicious attacks against another person.
- -Libel:defamation of character in print or by another person.
Define the power and give examples of each.
- -Explicit powers: Enumerated powers of the nat'l gov. (Article I,Section 8 list the specif powers for congress)
- -Implied powers: powers that are not specifically granted in the constitution, stretch boundaries of constitution. (Article I, Section 8)
- -Inherent powers-constitutional power in area of foreign affairs. (nat'l gov is the o ly one to act on this)
- -inherited power: power the nat'l gov inherited from tradition. (British Parliament)
- -reserved powers: the 10th amendment
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