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1) Distinguish between direct and representative democracy/republic. Democracy: Government by the people, both directly or indirectly, with free and frequent elections. Direct democracy: Government in which citizens vote on laws and select officials directly. Representative democracy: Government in which the people elect those who govern and pass laws; also called a republic. Constitutional democracy: A government that enforces recognized limits on those who govern and allows the voice of the people to be heard through free, fair, and relatively frequent elections. 2) Explain the interacting values that comprise the democratic faith, such as popular consent, respect for the individual, equality of opportunity, and personal liberty. Personal Liberty: Freedom to reach goals Individualism: Freedom and rights of the individual over central power • Rights of the central authority over the individual is statism Equality of Opportunity: Every person is equal no matter race gender or social status Popular Sovereignty: Government must derive its power from the consent of the people Democratic Values in Conflict: Personal liberty vs Equal opportunity; Individualism vs public good

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3) Analyze the interrelated political processes that comprise democracy. Free and Fair Elections: Frequent; keeps officials accountable to voters Majority and Plurality Rule: More than half vs most votes Freedom of expression: If not allowed then no Free + Fair elections then no democracy The right to assemble and protest: right to oppose government

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4) Identify the interdependent political structures that make up the American system of democracy Personal liberty Equality Popular consent Majority Rule Popular sovereignty Civil Society Individualism Religious Faith Religious Freedom

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5) Discuss the educational, economic, social, and ideological conditions conductive to establishing and maintaining democracy. Educational conditions: Needed for voting Economic conditions: Distribution of wealth and power Social Conditions: Debate and Compromise Idealogical Conditions: Unity in common beliefs

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6) Trace the historical roots of the American Revolution. British customs and traditions (Magna Carta, English Bill of Rights) Colonial experiences (power of elected assembly) State constitutions written after the Declaration of Independence Experiences under Articles of Confederation

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7) Explain the weakness of the Articles of Confederation. No power to tax No chief executive No national judiciary No power to regulate interstate or foreign commerce No national currency Unanimous vote for any changes No Power to Tax for Army or Navy

8) Discuss the impact of the Annapolis Convention and Shay’s Rebellion in the calling of the Constitutional Convention. Annapolis Convention • • Only white male land owners • Originally called to address trade and navigation issues and amend articles • but ended up abolishing the articles of confederation Shay’s Rebellion • • Daniel shay • Causes: Foreclosures, high land taxes, high legal fees, revolutionary war debt • Were going to be hanged but called off at last moment 9) List the major issues on which the delegates to the Constitutional Convention had consensus as well as those issues on which the delegates had conflicts and compromise. Conflict: State bases approach versus an individual (population)-based approach • • Compromise: House of Reps: Proportional based on population; Senate: Same # of reps for each state • Conflict: Southerners feared that the Northerners with their greater representation in congress would be used to end slavery • Compromise: Constitution protected slaver for at least 20 years • Conflict: How should slaves be counted for representation in the House

• Compromise: 3/5 of slave should be counted in each state

10) Debate the arguments against ratification. • Antifederalists • Feared concentration of power in hands of elites • Government should be closer to the people • Feared strong central government • Feared the lack of bill of rights 11) Summarize the steps involved in ratifying the Constitution • Compromise on key issues above

12) Discuss the major challenges for the American system of constitutional democracy. • Originalist approach vs adaptive approach • Informal changes

13) Review Charles A. Beard’s Framing the Constitution Constitution written for benefit of writers • • creditors • manufactures • holders of public offices • traders and shippers 14) Review John Locke’s Second Treatise on Government • Social Contract • State of Nature is no law

• Vs Hobbes: State of Nature is war 15) Review Founding Brothers view of the framers.

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1) Explain the various ways the framers tried to limit government, including federalism, free elections, bicameralism and checks and balances. Federalism: Distribution of government between a central government and subdivisional governments, the states Bicameral: Two houses: Senate/House of Rep. Separation of Powers: Three Branches • Derived from Colonial experiences; excessive power in state legislature Checks and Balances: System of restraints in which each branch can check the other two • Derived from fear of tyranny among founding fathers Enumerated Powers: The Federal governments power is limited to what is written in the constitution “All…powers herein” otherwise power resides with the state

2) Describe the concept of separation of powers and its relationship to checks and balances. • Without the separation of powers among the three branches, having their individual responsibilities, they wouldn’t be allowed to check each other • Legislative: Makes Laws • Executive: Applies and enforces the Laws • Judiciary: Interprets the Laws 3) Define judicial review. • Power of courts to strike down laws or governmental actions. • Not explicitly provided for in Const., but Const, written in broad terms —> need for interpretation —> this most logically falls to the courts

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4) Explain how the case Marbury v. Madison established the principle of the judicial review. End of Federalist control of government Appointment of the midnight judges including Marbury by Adams Marbury's request for a writ of mandamus from the Supreme Court to order the delivery of his commission. Decision of Marshall and the Court: section 13 of Judiciary Act of 1789 enabling the Court to issue a writ of mandamus through original jurisdiction in this type of case was unconstitutional • This act made clear that the court issuing a writ of mandamus was unconstitutional but more significantly set the president that the supreme court had the ability to declare something unconstitutional

5) Explain how the checks and balances system has been modified by the rise of national political parties, creation of an independent regulatory commission, changes in the electoral system, changes in technology, and in international affairs. • Bipartisanship •

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6) Explain the process of the impeachment and removal power. Law has to be broken Majority of house to start hearing (Impeachment) Chief Justice presides Senate acts as Jury 2/3 vote for removal

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7) List presidential practices, and discuss how such practices have evolved Declare war Veto Bills Issue executive Orders Pardon Fill empty spots in congress 8) Discuss how informal changes of the Constitution have made it unnecessary for new constitutions.

• 9) Explain the methods for proposing and for ratifying amendments to the Constitution.

10) Summarize the controversies in the ratification politics of the ERA. • Fear that men and women would have the same maternity/paternity leave

Overview Of The Constitution 1) Overview of each article and section of the United States Constitution • See powerpoint 2) Review of examples of Amendments to the original constitution • See Bill of rights

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3) Explain some of the ways that the constitution has been informally changed. Acts of Congress (Laws) Judicial Rulings (Court cases) Presidential actions (Executive privilege and impoundment) Customs and Traditions (Cabinet, Parties, legislative veto, presidential nominating)

4) Summary of the Bill of Rights • 1-8: basic rights the federalist thought were inherent but antifederalist thought they weren’t • 9+10: protections from government, rights not exhaustive 5) Recognize the enumerated powers of the Congress v. assumed powers of the state and people. Enumerated Powers: The Federal governments power is limited to what is written in the • constitution “All…powers herein” otherwise power resides with the state • Assumed Powers of states: If its not in the constitution the states decide (10th amendment) 6) Executive responsibility, privilege and limitation.

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7) Characteristics of the judiciary according to the constitution. Supreme Court has final say 9 Justices appointed by the president/confirmed by senate appointed for life/good health until die or impeached Will decide arguments over • Federal Law • Power to order federal and state officials

8) How the Judiciary Act of 1789 conflicts with the constitution • purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution

Study Guide  

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