We the people (unit one study guide)

Montesquieu (separate balances and checks)

1) best way to ensure the government protects natural rights is to limit its powers between different branches 2) dividing powers between different branches meant no 1 authority would have too much power 3) referred to this as a republican government and system of checks and balances

english bill of rights forbids king or queen to :

1) collect taxes without consent 2) interfere with right to free speech 3) maintain an army in times of peace 4) require excessive bail or cruel punishment 5) declare that laws made by parliament should not be obeyed 6) 1689

john locke

1) english philosopher 3) believed that people had right to life, liberty, and property (natural rights) 4) a ruler has power as long as he/she wa has consent of government 5) ruler could not deny peoples basic / natural rights

What were some of the basic ideas included in the Magna Carta

1) governments are based on an agreement between the ruler and the people to be ruled (i.e. the king and nobility), most people were not a part of the agreement 2) includes the idea of the rule of law (if either side breaks the contract, it is no longer valid, king cannot take away power of noble, if king broke the laws, nobles can overthrow him

What branches do many modern constitutional governments have? what are the functions of each branch?

1) the legislative branch: has the power to make laws 2) the executive branch: has the power to carry out and enforce new laws 3) the judicial branch: has the power to manage conflicts via the application of laws...interpret laws

Framers

55 MEN who attended the convention in Philadelphia in 1787 and wrote the constitution

What is a constitution? what can you learn about a nations government in their constitution?

A constitution is a piece of framework that limits the governments powers. You can learn the citizens rights, how resources are distributed, and how conflicts are handled from / how the government is ordered and run

Social compact / Social contract

An agreement between people to create a government to rule and protect their natural rights. They consent to obey the laws created by the government

Mayflower Compact

An agreement between the pilgrims before they landed in plymouth, they agreed to the formation of a government and to obey it's laws, this is called Social contract

In constitutional governments, one branch is often checked by the other branches, Why?

Branches check each other to make sure that they are balanced. An example of this is the supreme court checking the congress.

Where does government get its right to govern, according to the natural rights philosophers?

Citizens consent to follow the laws of government in exchange for the protection that their natural rights would not be taken away (Social compact / contract)

Explain the differences between constitutional governments and autocratic / dictatorial governments

Constitutional government limits the powers of the person / group running it. A dictatorial government does not limit these powers or is limited but not enforced

separated powers

Each branch of government represents the difference of each group in society

State of Nature

Life with no government or law. In a state of nature, your natural rights might be taken away.

parliament won a struggle with the kings in 1689 when the english bill of rights was adopted. Which parts of the english bill of rights do you think the framers might have included in our constitution

Not allowed to: 1) collect taxes without consent 2) interfere with right to free speech and debate 3) require excessive bail / cruel punishment to those accused

Absolute power

Power without limits, like a king, should not be able to deprive people of their natural rights (John locke)

Republican Government

The government of rome 1) citizens have the power to govern 2) citizens give power to leaders to serve their interests 3) representatives are responsible for promoting common welfare (good of community)

What is the purpose of government according to the natural rights philosophers?

The main purpose of government was to protect the peoples natural rights of life, liberty, and property. Kings should not have absolute power where they would be able to deprive people of their natural rights.

Founders

The men and women who lived in America during the colonial period who influenced the creation of our government

Natural rights

The rights to life, liberty, and property, we have these rights because we are human beings, we are born with them.

social contract / compact

To agree, to give up some of their freedom in exchange for protection and security

magna carta 1215

Was an important step in protecting rights of people and limiting power of government. 1) made in 1215 2) nobles forced king john to sign it 3) only protected a small amount of people 4) showed that monarchs powers could be limited

magna carta

agreement between king john and the nobles, stated that the nobles would obey the king only as long as he protected their rights

balance the powers (montesquieu)

among the branches so that no one branch would have so much power that it could control the others

common law

applied all legal ideas to english citizens

private domain

area of life that is no business in government

Civic virtue

citizens and leaders: 1) live modest lives 2) work hard 3) put common welfare above their own interest

constitution

framework for a government, tells how government is organized and run

Common welfare

good of community

autocratic, dictatorial government

government of unlimited power (constitution provides for unlimited use of power, limits the power, but is not enforced)

Cinncinatus

hard working farmer, Rome, 460 bc, lead roman army to victory, was offered to become dictator but returned to life as citizen, valued being a citizen more than fame and power... Model of civic virtue

representative government (king henry and england)

king henry created a council called parliament made up of house of lords (nobility) and house of commons.

Nobility

lords and ladies who held titles such as earl, duke, etc... worked for the king and made it possible for him to control all of england

higher law (need to know 3)

must be obeyed by the people running the government 1) right to life liberty and property 2) government responsibility to protect those rights (2) 3) limits on how people in government can use their powers 4) principle of private domain 5) change only with widespread consent

parliament

new council created to advise the monarch 1) formed in 1258 2) nobles forced king henry to create a council called parliament to advise the monarch. 3) made of house of commons and house of lords 4) separation of powers

What was the purpose of balancing the powers among different groups in the government, why should each group be given ways to check the power of the other groups?

no single branch could control the entire government if it's powers were separated, balanced, and checked no single branch could use the government for its own selfish purpose

constitutional government

when the powers of the person or group running the government are limited