Civics Test 2
How are the ideas in the Magna Carta, the Petition of Right, and the English Bill of Rights related to natural rights philosophy and classical republicanism? (Ch. 4)
They all share the ideas of life, liberty and property.
Why would the English Parliament want to place such limits on the monarch? (Ch. 4)
They felt the government was abusing their powers and putting too many people in prison without evidence.
How did the colonists justify their revolution against Great Britain? (Ch. 6)
They justified their revolution with the Declaration of Independence they wanted their freedom, Britain didn't want to give it to them, so they fought for it.
In what ways did Americans' colonial experience prepare them to write state constitutions after the Revolution? (Ch. 7)
They saw the was the British government worked so they had a good idea of what they wanted for the new colonies.
How did early state constitutions reflect Americans' fear of centralized political authority? (Ch. 7)
They wanted to make sure that no one had too much power.
Why were written guarantees of rights in colonial documents important to the development of Americans' ideas about government? (Ch. 5)
the colonists wanted to make sure that their rights would be written down and final so that no one could change them.
What were the most significant differences between the Massachusetts constitution and the other state constitutions?
ited terms. The structure of the Massachusetts constitution is more like the U.S. Constitution than the other early state constitutions, Strong executive
Why did Americans think that it was important to have written declarations of rights in their state constitutions? (Ch. 7)
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How would you describe British policies toward the colonies before the 1750s? How and why did those policies change in the 1760s and 1770s? (Ch. 6)
unfair. parliament passed laws and the colonists rebelled.
Are written guarantees of rights as important today as they were in colonial times? Why or why not? (Ch. 5)
yes. these rights were voted on and written down in case anyone wants to dispute it. it's the written law and people can't change it just because they want to.
covenant
A binding agreement made by two or more persons or parties.
compact
A formal contract or agreement between or among two or more parties or states.
Explain the meaning and significance of legislative supremacy:
A government in which the legislature has the most power exhibits legislative supremacy. Most state constitutions provided for strong legislatures and relied on the principle of majority rule to protect the rights of citizens. This reliance continued a development that had begun during the colonial period, when the legislatures first became strong.It also reflected the former colonists' distrust of executive power, which they believed had been abused under British rule.
Explain the meaning and significance of legislative supremacy: (Ch. 7)
A government in which the legislature has the most power exhibits legislative supremacy. Most state constitutions provided for strong legislatures and relied on the principle of majority rule to protect the rights of citizens. This reliance continued a development that had begun during the colonial period, when the legislatures first became strong.It also reflected the former colonists' distrust of executive power, which they believed had been abused under British rule.
constituent
A person represented by an elected official.
Among the key documents in the struggle for power between king and Parliament were the Petition of Right of 1628, the Habeas Corpus Act of 1679, and the English Bill of Rights of 1689. Explain how and why each of these documents contributed to the development of Constitutional government in England. (Ch. 4)
Each document contributed to the development of constitutional government because they showed the potential power of the people. Each document was created to limit the power of the government and to show what rights the people had.
Explain the meaning and significance of higher law: (Ch. 7)
Every state considered its constitution to be a fundamental, or "higher," law that placed limits on governmental power. Unlike the British Parliament the state legislature did not have the power to change the constitution. Each constitution reflected the idea that the purpose of government is to preserve and protect citizens' natural rights to life, liberty, and property. Social contract. Each state constitution made clear that the state government was formed as a result of a social contract, that is, an agreement among the people to create a government to protect their natural rights as expressed in the constitution's preamble or bill of rights.
Explain the meaning and significance of higher law:
Higher law and natural rights Social contract popular sovereignty Representation and the right to vote Legislative supremacy. checks and balances
What limits does the right to a trial by jury place on the monarch? (Ch. 4)
It prevents the king from having all the power in his kingdom. He can't always get what he wants because there are many rules such as the accused has to go on trail rather than just be punished.
Social classes developed quickly in the American colonies but were based on wealth rather than birth. Does the distinction matter? Why or why not? (Ch. 5)
It sort of does but it sort of doesn't. With birth you are born into your class and can't change it but with wealth you possibly could change it if you work hard enough.
stare decisis
Latin: "Let the precedent (decision) stand." The doctrine that a court should follow the previous decisions of other courts on cases in which the facts are substantially the same.
writ of habeas corpus
Latin: "You shall/should have the body." A court order directing that a prisoner be brought to court before a judge to determine whether that prisoner's detention
Which branch of government do you think is most responsive to the will of the people? Should that branch have more power than the other branches? Why or why not? (Ch. 7)
Legislative??? no extra power because they would be more powerful with all of that control.
precedent
Previous court decisions upon which legal issues are decided.
The Declaration of Independence states that people have a right to abolish their government. When is revolution necessary? Are a "long Train of Abuses and Usurpations" required for revolution to be legitimate? Why or why not? (Ch. 6)
Revolution is necessary whenever the government violates your rights. It only takes one really bad offense
How would you describe the economic, social, and political conditions of life in colonial America? How did these conditions affect the development of American ideas about government? (Ch. 5)
Social classes developed based on wealth but it was easier to become wealthy in America than anywhere else.
Do you think the same degree of social and economic opportunity exists for immigrants to America today as existed for the colonists? What has remained the same? What has changed? (Ch. 5)
Sort of. Immigrants still get jobs but sometimes they are shooed away for not being American. Colonists back in the early stages of America were immigrants so they couldn't quite kick out other immigrants for not being American.
Rights of Englishmen
Term prevalent in seventeenth-century England and America referring to certain historically established rights, beginning with the rights of the Magna Carta, that all English subjects were understood to have. These included the right not to be kept in prison without a trial, the right to trial by jury, security in one's home from unlawful entry, and no taxation without consent, among others.
To whom is the Declaration of Independence addressed? Why do you think the drafters of the document would be attentive to "the Opinions of Mankind?" (Ch. 6)
The Declaration of Independence was addressed to the king, the people, and anyone else who read the document. The drafters were also mankind and understood what rights the people were looking for
Is this right included in the Constitution of the United States? If so, where can it be found? (Ch. 4)
Yes, it is found in Article One, Section 9, clause 3.
What examples of situations in the United States or other nations can you identify that uphold or violate this right? (Ch. 4)
The United States always allows for trial by jury cases if needed. India does not.
Rule of Law
The principle that both those who govern and those who are governed must obey the law and are subject to the same laws. This principle is contrasted to the "rule of men," in which those in power make up the rules as they please.
Your name is Elsbeth Merrill. While you were baking bread this afternoon and awaiting the return of your husband, an agent of the king arrived to inform you that you must shelter four British soldiers in your home. (Ch. 6)
The quartering act
Sovereignty
The ultimate, supreme power in a state.
In what ways do these rights limit the monarch? Why would the English nobles want to place such limits on the monarch? (Ch. 4)
These rights limit the monarch by ensuring that they have to follow the law just like everyone else. The English nobles wanted to place the limits on the monarch to ensure that they were imprisoned for a reason.
What is meant by the term sovereignty? How was sovereignty a disputed matter between Great Britain and the colonies? (Ch. 6)
sovereignty- authority of the crown Great Britain wanted the colonies to follow their laws colonists wanted freedom to govern themselves
What rights and other principles of government in the U.S. Constitution or in your state's constitution can you trace back to the Magna Carta? (Ch. 4)
A large majority of the Magna Carta can be traced back from our constitution. An example is the checks and balances system.
charter
A written document from a government or ruler that grants certain rights to an individual, group, organization, or to people in general. In colonial times, a charter granted land to a person or company along with the right to found a colony on that land
Explain the meaning and significance of popular sovereignty:
All the new state constitutions stated that sovereignty, or ultimate governing authority, rests with the people. The people delegate authority to the government to govern in accordance with constitutional requirements.
Explain the meaning and significance of popular sovereignty: (Ch. 7)
All the new state constitutions stated that sovereignty, or ultimate governing authority, rests with the people. The people delegate authority to the government to govern in accordance with constitutional requirements.
What do you think is the best way to explain the American colonists' views of government? Is social contract theory or historical circumstance more important? Why? (Ch. 5)
American colonists believed that the security of life and liberty depended on the security of property, because property established wealth. Social contract theory is more important because it's a social agreement between parties and it's very important for someone to keep their word.
What do you think were the most important differences between life in England and life in the American colonies? How did those differences shape early American governments? (Ch. 5)
Americans believed in rights and freedom while the British didn't. The founders used their beliefs(and other ideas) to come up with a government to help their society function.
What was the Mayflower Compact? Why was it drafted? How could it be said to reflect the idea that government should be based on consent of the governed? (Ch. 5)
An agreement to form a political body signed on November 21, 1620, by all adult males aboard the Mayflower before the ship landed in Plymouth, Massachusetts.
Mayflower compact
An agreement to form a political body signed on November 21, 1620, by all adult males aboard the Mayflower before the ship landed in Plymouth, Massachusetts. The signers agreed to submit to "just and equal Laws" put into effect under the compact "for the general good of the Colony."
What examples of situations in the United States or other nations can you identify that uphold or violate this right? (Ch. 4)
An example of this law not being upheld would be the student who travelled to N. Korea and was accused of stealing a poster off of the hotel wall. He was held for 17 months with no care about United States laws.
What rights, values, and interests are expressed in Articles 39 and 40? (Ch. 4)
Articles 39 and 40 expressed that a freeman will have the right to a trial by jury and will not be delayed justice.
Natural rights philosophy emphasizes both human equality and the protection of private property. Both slave owners and abolitionists in the colonies and in Great Britain could point to natural rights philosophy for support. Which side has the stronger argument? Why? (Ch. 5)
Back in the days of slavery the slave owner would have a stronger argument because they would claim that they are "entitled" to own slaves and that the slaves were their property. Abolitionists could argue that slaves should be given natural rights too since they are people.
In what ways were eighteenth-century American and British societies similar and different in terms of the rights of individual liberty, equality of opportunity, suffrage, and property? (Ch. 5)
Both the British and Americans at the time believed that suffrage should be granted to those who had more wealth. Americans aimed more towards individual liberty and equal opportunity than Britain did.
Indentured Servants
Colonists who received free passage to North America in exchange for working without pay for a certain number of years
What basic features of English constitutionalism were found in the governments of the colonies? (Ch. 5)
Fundamental rights. rule of law Representative government and the right to vote.
One constitutional scholar called the writ of habeas corpus the "greatest guarantee of human freedom ever devised by man." Why is this right so fundamental? (Ch. 4)
Habeas corpus ensures that the people are treated fairly under the law and they know why they are going to jail or getting accused of a crime.
What basic ideas about government were contained in the new state constitutions? (Ch. 7)
Higher law and natural rights Social contract popular sovereignty Representation and the right to vote Legislative supremacy. checks and balances
Why was the right to vote in the colonies limited to those who owned a certain amount of property? Why were colonial governments more representative than the British government? (Ch. 5)
If one of the purposes of government was to protect property, it seemed reasonable to many Americans to limit suffrage to those who possessed at least some land. Colonial legislators also were required to live in the districts they represented. They were considered to be the voices, or agents, of the people, or their constituents. A constituent is a person represented by an elected official. And so, colonial legislators were responsible for ensuring that the legislature knew about the needs and interests of their constituents. By contrast, in 1776 members of the British Parliament did not have to live in the districts they represented and often had little understanding of the needs of their constituents. Instead, they were charged to represent the interests of the nation as a whole.
Under what conditions, if any, do you think this right should be limited? (Ch. 4)
If the accused person has a record of bad crimes then their right to trail by jury should be limited, not too much though because they might actually be innocent.
What arguments can you make for this right today? (Ch. 4)
If we didn't have this right today then the judges and government might abuse their power and imprison someone they don't agree with on a personal level.
If you had been offered the opportunity to come to America as an indentured servant, do you think you would have done so? Why or why not? (Ch. 5)
If where I lived was really bad yes I would become an indentured servant because it couldn't be worse than my original home and I would get some land out of it.
Under what conditions, if any, do you think this right should be limited? (Ch. 4)
Maybe if the judge/ government knew the accused person had a history with other crimes then they should be allowed to put the accused person in jail for a temporary time.
What are the basic ideas and arguments set forth in the Declaration of Independence? (Ch. 6)
Natural rights. Human equality Government by consent A long Train of Abuses
What conflicts, if any, do you see between social contract theory and the status of women, indentured servants, and slaves in eighteenth-century America? What might explain those conflicts? (Ch. 5)
Neither group, women, indentured servants or slaves were treated fairly and had equal rights as men did. The men wanted to keep control over everyone and they thought they were more superior.
Article 39 (Ch. 4)
No freeman shall be taken or imprisoned or disseised [dispossessed] or banished or in any way destroyed, nor will We [the King: this is the "royal We"] proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land.
Does American colonial history help to provide context for understanding any contemporary issues in American politics and government? If so, which ones? If not, why not? (Ch. 5)
No. Because it was a long time ago and our society has changed since then.
What arguments can you make for the right to a trial by jury today? (Ch. 4)
The jury gives you another chance to prove your innocence. It also gives more time to see if the accused person is guilty or not.
What important ideas did the Virginia Declaration of Rights contain? How was this document influential throughout the colonies?
The Virginia Declaration of Rights expressed the people's understanding of their fundamental, inalienable rights and the idea that people create government to protect those rights. It also was the first list of rights to appear in a state's fundamental law, or constitution, thereby insulating those rights from governmental interference. it was influential because it was the first declaration drawn up for a colony and other colonies could follow their lead.
What is the Magna Carta? How was it created? How did it contribute to the development of constitutional government? (Ch. 4)
The Magna Carta was a charter that addressed feudal relationships between the Crown and three classes of the population—barons, clergy, and merchants. It was created in June 1215, with the support of the Church and others, the barons forced King John to sign the new the charter of Liberties. It contributed to development of constitutional government because it expressed the idea that the monarch must respect established rules of law.
What important ideas did the Virginia Declaration of Rights contain? How was this document influential throughout the colonies? (Ch. 7)
The Virginia Declaration of Rights expressed the people's understanding of their fundamental, inalienable rights and the idea that people create government to protect those rights. It also was the first list of rights to appear in a state's fundamental law, or constitution, thereby insulating those rights from governmental interference. it was influential because it was the first declaration drawn up for a colony and other colonies could follow their lead.
Common Law
The body of unwritten law developed in England from judicial decisions based on custom and earlier judicial decisions.
What is the common law of England? Why is it sometimes called "judge-made law"? How did the common law develop? (Ch. 4)
The common law of England was created to provide a less confusing system of law that would be common to all parts of the kingdom. It is sometimes called judge made law because judges make minor changes in applying the law to the facts of each case after they look at the precedent. Common law developed because there were different systems of law in different parts of the country. This made hearing cases difficult for royal judges, who had to learn about each local system.
redress of grievances
The correction of complaints. The First Amendment protects the right of the people to petition government to obtain remedies for claimed wrongs.
What limits does the right to a writ of habeas corpus place on the monarch? (Ch. 4)
The monarch cannot hold someone in prison without having a reason which stops them from ruining innocent people's lives for fun.
What problems identified in the Declaration would have to be corrected for governments created after American independence to be legitimate? (Ch. 6)
The new government would need to be counted???
What is meant by the phrase "rights of Englishmen"? How were these rights established? (Ch. 4)
The phrase "rights of Englishmen" came from English monarchs and royal judges who recognized that subjects had certain personal rights.
Why would the English Parliament want to place such limits on the monarch? (Ch. 4)
To make sure that the people have a trial by jury and that the monarch is not deciding the result of the case by themselves
Article 40 (Ch. 4)
To no one will we sell, to none will we refuse or delay . . . justice.
Your name is Lemuel Adams. You have a warehouse full of goods Your name is Lemuel Adams. You have a warehouse full of goods near Boston Harbor. The king's magistrate gives British officials a writ of assistance that permits them to search homes, stores, and warehouses near the harbor to look for evidence of smuggling. (Ch. 6)
Townshed act
Were the differences between theories of representation in colonial America and England significant? Why or why not? (Ch. 5)
Yes because everyone in America had the opportunity to earn new wealth, regardless of their class while people in England were already identified by status.
Is this right included in the Constitution of the United States? If so, where can it be found? (Ch. 4)
Yes. It can be found in Bill of Rights and it's the 7th amendment.
What were the most significant differences between the Massachusetts constitution and the other state constitutions? (Ch. 7)
ited terms. The structure of the Massachusetts constitution is more like the U.S. Constitution than the other early state constitutions, Strong executive
Explain the meaning and significance of checks and balances:
on legislative powers, usually within legislatures. For example, every state constitution except those in Pennsylvania and Georgia provided for a check, or limit, on legislative powers by dividing the legislature into two houses. Most important decisions required debate, deliberation, and action by both houses—thus a degree of balance. Each house could check the power of the other by defeating a proposal with which it did not agree. Voters also could check legislators' power by electing new representatives.
Explain the meaning and significance of checks and balances: (Ch. 7)
on legislative powers, usually within legislatures. For example, every state constitution except those in Pennsylvania and Georgia provided for a check, or limit, on legislative powers by dividing the legislature into two houses. Most important decisions required debate, deliberation, and action by both houses—thus a degree of balance. Each house could check the power of the other by defeating a proposal with which it did not agree. Voters also could check legislators' power by electing new representatives.
suffrage
the right to vote
What were the colonists' major objections to British policies in the 1760s? What rights did the colonists claim that those policies violated? (Ch. 6)
they believed that taxes should only be passed in their own colonial legislatures where they were represented. no taxation without representation. violated rights:
How did the simple governing structures in colonial charters evolve into more comprehensive systems of local government before the Revolution? (Ch. 5)
to make voting more fair. Not all Americans enjoyed the rights secured in colonial charters and other documents. For example, in some colonies the right to vote or hold office was restricted to Protestant white men. In others such rights were restricted to those who belonged to the colony's official state or established church. As in England and elsewhere, women were not granted political rights. Colonial laws limited their right to own property and to manage their own legal and personal affairs. Laws varied among the colonies, but married women usually had the legal status of underage children. They lost most of their legal identity to their husbands under a legal doctrine called coverture.
Despite the fact that Jefferson owned slaves, he denounced slavery and the slave trade in his draft of the Declaration. After Southerners objected, the Congress deleted the passage. Search for the rough draft of the Declaration of Independence on the Internet. What do you think are the most significant differences between the rough draft and the final Declaration, and why do you think changes were made? (Ch. 6)
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Does the legislative branch necessarily reflect the people's will? Explain your response. (Ch. 7)
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Examine the declaration of rights in your state constitution. How does the list of rights limit state government?
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Examine the declaration of rights in your state constitution. How does the list of rights limit state government? (Ch. 7)
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In what ways does the Declaration of Independence reflect John Locke's social contract theory? In what ways does it reflect principles of classical republicanism? (Ch. 6)
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In your opinion what is the greatest challenge to individual rights today and what should be done about it?
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In your opinion what is the greatest challenge to individual rights today and what should be done about it? (Ch. 7)
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Is it significant that most state constitutions began with a list of rights, rather than those rights being included in the body of the constitution or appended as a list at the end of the document? Why or why not?
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Obtain a copy of the bill of rights in the constitution of your state. Are you surprised by any of the rights listed? Why or why not? Do you think all the rights listed in your state constitution also should appear in the Bill of Rights to the U.S. Constitution? Why or why not? (Ch. 7)
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They justified their revolution with the Declaration of Independence they wanted their freedom, Britain didn't want to give it to them, so they fought for it. (Ch. 7)
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What basic ideas about government were contained in the new state constitutions?
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What might a government be like in which the executive or judicial branch was supreme rather than the legislature? (Ch. 7)
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What might be the strengths and weaknesses of the way the Massachusetts state constitution distributed the right to vote for the lower and upper houses of its legislature and the leader of its executive branch? (Ch. 7)
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Which historical experiences of the colonists seem to have exerted the greatest influence on the authors of state declarations of rights?
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Why did Americans think that it was important to have written declarations of rights in their state constitutions?
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Your name is James Otis. You represent colonists who have been imprisoned and are being denied their right to a trial by a jury from their own communities. You argue that denying their traditional rights as Englishmen is illegal because it violates the principles of the British constitution. The royal magistrate denies your request and sends the prisoners to England for trial. (Ch. 6)
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Your name is Mary Strong. You have lived in Charlestown most of your life and have definite feelings about how Massachusetts is being governed. When you speak your mind freely, you find yourself arrested and put in an iron device that fits over your head like a mask to prevent you from talking. (Ch. 6)
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Your name is William Bradford. You have been arrested and your printing press in Philadelphia has been destroyed because you printed an article criticizing the deputy governor. In the article you said the governor was like "a large cocker spaniel about five foot five." (Ch. 6)
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