Test 1 Review

Test 1 Review - Chapter 1 Constitution [5] a framework for...

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Chapter 1 Constitution [5] a framework for providing basic principles of organization and operation Constitutionalism [5] The manner in which the constitution accomplishes its role as an organizational framework and national symbol 1. There must be an effective limitation on governmental powers (checks and Balances) 2. The rule of law 3. Have individual rights Rule of the law [6] (a) Rulers themselves are constrained by the law (b) there are higher principles of law that are superior to transient authorities. Majority is not always right “Checks and Balances” [7] The Preamble [9] General statement of purpose and laws a foundation for the theory of governmental action. U.S. version- lacks partisan and ideological rhetoric and is relatively short “Organizational Chart” [9] Road map for organization. Provides procedures for rules made and manner for conflict resolution. Separation of Powers [generally] [11-12] dividing the institutions of government according to function, in order to check governmental authority (horizontal analysis). Controversies between branches of govt are separation of powers issues Judicial Review [generally] [12] The power of the judicial branch to review and invalidate (Unconstitutional) laws/actions of the other two elected branches. This is not specifically mentioned in the constitution. Federalism [generally] 12-13] division of powers usually along geographic lines with subunits of Gov’t (STATES) and national unit of gov’t with having its own sphere of authority. - Recognizing sub-national units and leaving them power to exercise. Amendment Process [13-14] 1) Proposal stage by congress (2/3 vote by both chambers) 2) Ratification stage by state legislatures (3/4 vote) Bill of Rights [generally] [15-16] (1 st Ten amendments) Deals with civil liberties Passed in 1 st Congress in 1789 No articles but amendments, officially part of the constitution in 1791 Unitary System All powers emanate from the central government. Not constitutional. Parliamentary System [12] executive power is wielded by a prime minister and cabinet chosen from the members of the majority party in the legislature. Confederate System Negative Rights [16] Government is restrained, there is no duty for the government to do anything substantive. The only duty is to not oppress the people. Positive Rights [16] Substantive duty to provide certain social and economic entitlements.
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Individualism (18-19) (Classical liberal) (JOHN LOCKE) 1. Gov’t can mediate conflicts 2. Gov’t protects private property Gov’t is not inherently necessary for human development a. Mandatory political participation not necessary
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Test 1 Review - Chapter 1 Constitution [5] a framework for...

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