AP Gov Ch2

Annapolis Meetings

5 states attended - New York, New Jersey, Delaware, Pennsylvania, and Virginia

Texas v Johnson

In 1984, in front of the Dallas City Hall, Gregory Lee Johnson burned an American flag as a means of protest against Reagan administration policies. Johnson was tried and convicted under a Texas law outlawing flag desecration. He was sentenced to one year in jail and assessed a $2,000 fine. After the Texas Court of Criminal Appeals reversed the conviction, the case went to the Supreme Court. Is the desecration of an American flag, by burning or otherwise, a form of speech that is protected under the First Amendment? In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature. The fact that an audience takes offense to certain ideas or expression, the Court found, does not justify prohibitions of speech. The Court also held that state officials did not have the authority to designate symbols to be used to communicate only limited sets of messages, noting that "[i]f there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable."

United States v Eichmen

In 1989, Congress passed the Flag Protection Act which made it a crime to destroy an American flag or any likeness of an American flag which may be "commonly displayed." The law did, however, allow proper disposal of a worn or soiled flag. Several prosecutions resulted from the Act. Eichman set a flag ablaze on the steps of the U.S. Capitol while protesting the government's domestic and foreign policy. Another prosecution (United States v. Haggerty) resulted from a flag-burning in Seattle protesting the passage of the Flag Protection Act.Both cases (Eichman's and Haggerty's) were argued together. Did the Act violate freedom of expression protected by the First Amendment? In a 5-to-4 decision, coming on the heels of a similar holding in Texas v. Johnson (1989), the Court struck down the law because "its asserted interest is related to the suppression of free expression and concerned with the content of such expression." Allowing the flag to be burned in a disposal ceremony but prohibiting protestors from setting it ablaze at a political protest made that clear, argued Justice Brennan in one of his final opinions.

Mestesonian Theories

The Madisonian Model is a fundamental philosophy of Presidential conduct that adheres primarily to the denoted powers of the executive branch in the U.S. Constitution. First exhibited by James Madison, the model is a philosophy of the use of the presidential powers. The Madisonian model is a structure of government in which the powers of the government are separated into three branches: executive, legislative, and judicial.[1] This came about because the delegates saw the need to structure the government in such a way to prevent the imposition of tyranny by either majority or by a minority.[1] James Madison proposed this governmental scheme so that one branch would not accumulate enough power to influence the others (or, in the worst case, become dominant).[1] The separation of powers was by function and also by personnel; this is a result of Congress passing laws, the president enforcing laws, and the courts interpreting the laws.[1] The three branches of government will be independent from each other, yet the three will have to cooperate to govern.[1] In the Federalist Paper No. 51, Madison illustrated his beliefs on how a balance in the power was necessary for a government to exist.[1]

Conservative Revolution

The french, russian, and iranian revolution produced great soceital change as well as plenty of bloodshed. But the american revolution was diffrent it was essentially a conservative movement that did not drastically alter the colonist way of life. its primary goal was to restore rights to the colonist felt were already there as british subjects. the revoluttion did not create class conflicts thgat would split society for generations to come.

New Jersey Plan

The proposal at the constituional convention that called for equal representation of each state in congress regardless of the states population

Seperation of Powers

a feature of the constitution that reqires each of the three branches of goverment - executive, legislative, and judicial - to be relativley independent of the others so that one cannot control the other power is shared among these three institutions

Constituion

a nations basic law. it creates political institution, assighns and divides powers in goverment, and often provides certain garentees to citizens. constitutions can be written or unwritten.

Shays Rebellion

a series of attacks on courthouses by a small band of farmers led by revolutionary war captain daniel shays to block forclosure proceedings

Checks and Balances

feature of the constitution that limit goverments power by reqiring that power be balanced among the diffrent govermental instituions. These institutions constrain one anothers activities

ex pose facto

if the act became illegal in the future you cant be punished for something you did before the law passed

factions

intrest groups arising from the unequal distribution of property and wealth that james madison attack in federalist papers no. 10 todays parties or intrest groups are what madison had in mind when he warned of the instability in goverment caused by factions

Informally Ammend the constitution

judicial interpretation - marbury v madison

Anti-Federalist

opponents of the amercian constitution at the time when the states were contemplating its adoption

Amending the constitution

proposed either by 2/3 vote in each house of congress or by national convention called by congress at the request of 2/3 of the state leguslature

Constitutional Convention

represenatives from 12 states came to philadelphia to heed the continental congress. only rhode island a strong hold of paper money intrest refused to send delagates. 55 delagates in all attened

3/5ths compromise

representation and taxation were to be based on the number of free persons plus three-fifths of the number of all other persons

Federalist

supporters of the U.S. constitutions at the time the states were contemplating its adoption

Conneticut Compromise

the compromise reaches at the constitutional convention the established two houses of congress: the house of representatives in which representation is based on a states share for the U.S. population and the senate in which each state has two representatives

Writ of habeas corpus

the court order reqiring jailers to explain to a judge why they are holding a prisoner in custody

Declaration of the Independence

the document provided by representatives of the amercian colonies in 1776 that states their grievences against the british monarch and declared their independece.

Virginia Plan

the proposal at the constitutional convention that called for representation of each state in congress in proportion to that states share of the U.S. population

Mount Vernun Meetings

was a meeting of delegates from Virginia and Maryland held March 21-28, 1785, to discuss navigational rights in the states' common waterways. On March 28, 1785, the group drew up a thirteen-point proposal to govern the two states' rights on the Potomac River, Pocomoke River, and Chesapeake Bay.[1] Known as the Mount Vernon Compact,[2] formally titled as the Compact of 1785,[3][4] this agreement not only covered tidewater navigation but also extended to issues such as toll duties, commerce regulations, fishing rights, and debt collection. Ratified by the legislature of both states, the compact helped set a precedent for later meetings between states for discussions into areas of mutual concern.[1]

Thomas Hobbs

without a strong goverment life would be "solitary, poor, nasty brutish, and short"