Term
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Definition
| a framework that provides basic principles of organization |
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Term
CONSTITUTIONALISM
3 facets |
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Definition
principle that govt should be limited in its power and account for its actions
1. limits govt power
2. premised on rule of law
3. recognizes individual rights and liberties |
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Term
why need LIMITED GOVT?
3 reasons
1 dilemma |
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Definition
1. suspicion & distrust of power, esp. centralized power
2. history (and religion)
3. helps ensured citizens are valued (have a voice)
1. can govt control itself AND the people |
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Term
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Definition
1. system of govt in which highest authority is the Law, not one person or group.
2. nobody is above the law
(ex: pres vs constitution -> constitution wins) |
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Term
| FOUR ingredients of a constitution |
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Definition
1. preamble
2. organizational chart
3. amendatory articles
4. bill of rights |
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Term
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Definition
1. general statement/purpose (aka thesis)
2. lays foundation for theory of government action
3. may list social or political goals |
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Term
every constitution should: ...
2 reasons
& USA example articles |
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Definition
1. establish institution of govt
2. layout procedure for rule making and conflict resolution
ex: articles 2,3,4 of US constitution |
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Term
| 3 key principles of OUR organizational chart: |
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Definition
1. separation of powers
2. judicial review
2. federalism |
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Term
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Definition
power of the judicial branch to review and if necessary, invalidate legislation and executive action when inconsistent with the constitution.
**does it accord with the Constitution? |
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Term
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Definition
| separate powers between LEGISLATURE/ EXECUTIVE/ and JUDICIARY |
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Term
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Definition
| federal govt leaves some power to the states |
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Term
| amending = cumbersome process -- why? |
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Definition
| increase in respect for the rule of law |
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Term
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Definition
| framers of the constitution made difficult to change on purpose |
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Term
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Definition
2/3 vote of BOTH houses
(287 in H.of.R / 66 in Sen.)
or
national constitutional convention |
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Term
| RATIFICATION of amendments |
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Definition
| need 3/4 of states - either through state legislation or state convention |
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Term
| BILL OF RIGHTS (first __ amendments) |
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Definition
first TEN amendments
1. list rights of citizens
2. may be the best known rights but they are still subject to varying interpretations |
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Term
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Definition
1. added as an amendment to constitution -- not part of original constitution// the govt had the power, not make litmits//
2. needed more negative rights -> tells govt what they cant do
3. adds structure |
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Term
NEGATIVE RIGHTS
(what & why?) |
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Definition
WHAT: prevents govt from taking action that would violate an individual political and civil liberties
*ex: establishment clause (1st amen)
WHY: big emphasis in older constitutions because when writing, the people were trying to escape the old european ways |
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Term
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Definition
require govt to ensure enjoyment of economic and social entitlements
(right to work, decent housing, and healthcare etc.) |
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Term
| INDIVIDUALIST (Classical _________) |
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Definition
Classical LIBERAL
- individual takes precedence over govt
- individual interests are more important than community interests
- wants to give individual maximum freedom
- believes procedural justice
(why govt necessary then??)
**distrust of govt, and exalt freedom of choice
*** but a liberal now, may be the exact opposite |
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Term
| COMMUNITARIAN (Classical __________) |
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Definition
Classical REPUBLICANISM
-emphasizes positive role that govt plays in society
-values political participation
-the "public interest" creates responsibilities that may override individual rights
-believes in substantive justice
** doesn't fit todays definition of "conservative" |
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Term
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Definition
| sees political system as legitimate if it applies fair rules and procedures equally to all persons |
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Term
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Definition
vast inequalities among individuals are potentially damaging to society as a whole //
more than just the rules, but favors the outcome -- ((affirmative action programs)) |
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Term
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Definition
"law rules about the individual"
why: law is general and embodies reason; individuals are subject to passion and self-interest |
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Term
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Definition
| universal justice and reason are part of human nature |
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Term
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Definition
believes -- first to combine limited govt with individual rights
-spoke of natural law
- **distinction between kingship (natural law) & tyranny (force/oppression) |
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Term
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Definition
believes--english common law will ensure that parliment acts are within "common right and reason"
--precursor to judicial review and american standard of reasonableness |
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Term
| JOHN LOCKE (individualist) |
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Definition
believes--nature invests all men with equal right (life, liberty, and property)
-- govt is only necessary to mediate disputes
-- purpose of govt is to secure individual rights; it cannot exercise power beyond this purpose
-- govt is a "contract"
-- in certain instances, people have the right to rebel |
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Term
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Definition
believes--people have a natural dependence on one another so govt is necessary. govt does more than mediate disputes
-- social contract |
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Term
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Definition
1215
one of the first steps towards limiting the absolute power of monarchy |
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Term
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Definition
--only legitimate govt is one in which people make rules under which they are governed
-- effective govt requires small & homogenous political communites |
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Term
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Definition
traditional, not necessarily written
-combines custom of the day with judicial practices and interpretations
- known as an unwritten, higher law
- huge influence on U.S. (precedent/ "reasonable man"/ specific guarantees (trial by jury &due process)) |
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