Glossary of Gov 2301 Ch2

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What does "inter arma silent leges" mean?
In times of war, the laws are silent.
What does "habeas corpus" mean in latin?
you have the body
What is a "writ of habeas corpus"?
directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose
What is the function of writ of habeas corpus become?
writ's sole function is to release an individual from unlawful imprisonment; through this use it has come to be regarded as the great writ of liberty.
When was the British Magna Carta formulated?
What did the Magna Carta do?
limited the exercise power of the monarch
What law greatly impacted the following's designs:
1. Mayflower Compact
2. Declaration of Independence
3. Artilces of Confederation
Magna Carta
What is the idea known as a "compact"?
A type of agreement that legally binds 2 or more parties to enforceable rules
List colonies that based their first governments on the idea of a compact:
1. Plymouth
2. Providence Plantation
3. Connecticut River towns, like New Haven
What did compacts originate from in the New England colonies?
Puritan religious theocracy
Which colonies felt that they could forge a covenant or compact among themselves to protect those "natural" liberites provided by God?
The Puritans
When was the Mass. Bay Co. chartered?
Who chartered the Mass. Bay Co.?
King Charles I of Britain
What did the Mass. Bay Co.'s charter provide:
1. creation of governing council
2. General court
What did the Mass. Bay Co.'s charter's governing council include?
1. governor
2. deputy governor
3. 18 assistants
What did the Cambridge Agreement of 1629 do?
The stockholders transferred all governing authority from the trading co. in England to the Mass. Bay Co. in the colonies.
Who did the stockholders of the Mass. Bay Co. elect to be the 1st. governor?
John Winthrop, an attorney
List the colonies that developed from "royal grants"
1. Maryland
2. New Jersey
3. Pennsylvania
4. Delaware
5. Carolinas
6. Georgia
What was a royal grant?
when the king issued a warrant granting land and full governing rights to a lord or baron
Who determined the nature of the local government in a colony based on a royal grant?
original proprietor
What is the term used to describe those colonies that were founded by royal grants?
Proprietary colonies
When did England grant Lord Baltimore his royal grant?
When did England grant the Duke of York his royal grant?
What was the important contribution made by the proprietary colonies in the formation of our government?
Brought the parlimentary system with them.
What type of government system is made up of a representative lawmaking body consisting of 2 chambers or 2 houses?
Bicameral Legislature
What are the 2 legislative chambers in the US bicameral body?
2. House of Representatives
Describe the 2 bodies of government that made up the bicameral colonial legislatures?
1. Upper house
2. Lower house
Who made up the Upper Houses of the colonial bicameral legislatures?
They were appointed by the crown
Who made up the colonial bicameral legislature's lower houses?
members were elected based on traditional English suffrage
Describe traditional English suffrage in the colonies?
requries of "forty-shilling freehold", meaning that to vote one had to own at least forty shillinbgs' worth of land.
T or F
Could women who owned 40 shillings' worth of land vote?
T or F
Catholics, Jews, Negroes, and Native Americans could not vote in many of the colonies.
T or F
England viewed the colonies as subordinate entities with no sovereignty.
What does "sovereignty" mean?
Independent authority
Which 2 colonies chose their own governors?
1. Rhode Island
2. Connecticut
Who was the philospher who influenced the idea that power should be spread amongst separate compartments of government rather than concentrated in one person?
Charles de Montesquieu (1689-1755)
Who wrote "The Spriit of Laws"?
What are the 2 main reasons that democracy developed and flourished in the colonies?
1. experience of settlers with self-government
2. emergence of new theories of government`
What is the term used to describe the group of European philosophers who reasoned that the most effective wat to create the best government was to understand human nature in a state prior to government?
social contract theorists
What philosophical theory provided the foundation of the Declaration of Independence?
Social contract theory
Who was the first of the major social contract theorists?
Thomas Hobbes
Who wrote "Leviathan"?
Thomas Hobbes
Who theorized that life without authority brings no security or liberty?
Thomas Hobbes
What was Hobbes's greatest contribution to social contract theory?
The notion of equality under the law
Who was the most influential social contract theorist?
John Locke
List the 2 most significant political works of Locke?
1. Two Treatises of Government
2. Second Treatise
What social contract theorists believed that governments exist to preserve the rights already present in societyt under nature?
John Locke
Which philosopher theorized that the principle of an inalienable right to life, liberty and property?
John Locke
Which philosopher asserted the importance of limited government based on popular consent?
John Locke
What did John Locke mean by "Limited government"?
the powers of the government should be clearly defined and bounded so that governmental authority could not intrude in the lives of private citizens
What spread to Europe as the Seven Years' war?
French and Indian War
When was the French and Indian War
What is the term for a league of sovereign states that delegates powers on selectedissues to a central government?
Who proposed the notion of a confederation at a meeting in Albany?
Benjamin Franklin
Who was the author of the so-called "Albany Plan"?
Ben Franklin
What was the "Albany Plan"?
a proposal by Franklin for a 48 member Grand Legislative Council in which all colonies would be represented and whose responsibilites would include raising an army & navy, making war, and regulating trade & taxation.
Who accepted the "Albany Plan"?
All delegates to the meeting in Albany
Who rejected the "Albany Plan"?
1. colonial assemblies
2. British crown
What is considered to be an early draft of the the Articles of Confederation?
Albany Plan by Franklin
Why did Britain levy the series of taxation on the colonies?
It was in debt from the French & Indian War
Prior to 1763 what was Britain's primary interest in the colonies?
1. new markets
2. source of raw materials
After 1763 what was Britain's primary interest in the colonies?
a new policy of imperialism
Who was the 1st lord of the treasury who was elected to raise taxes first on the already burdened Brithsh and then on the American colonists?
George Greenville
When was the Sugar Act passed?
When was the Stamp Act passed?
What items were to be taxed by the Sugar Act?
1. molasses
2. raw sugar
3. foreign refined sugar
What act's preamble stated that the tax was to be used for "defraying the expenses of derfending and securing the colonies"?
Sugar Act of 1764
What act's purpose was to cover the expense of stationing British troops in America?
Stamp Act of 1765
List items that were to be taxed by the Stamp Act?
All printed items including:
1. nespapers
2. almanacs
3. bonds
4. leases
5. college diplomas
6. bills of sale
7. liquor licenses
8. insurance policies
9. playing cards
10. dice
T or F
Playing cards and dice were not included as items to be taxed by the Stamp Act of 1765.
False. They sure were.
Which act, Sugar or Stamp, affected more people directly?
Stamp because it covered all aspects of commercial trade.
What did Parliament offer up as an alternative to taxation with representation?
virtual representation
Explain virtual representation?
Parliament reasoned that members of Parliament represent the interests of the whole empire, whether the whole of Ireland or American colonies?
Who described virtual representation as "the most contemptible ideas that ever entered the head of man?"
William Pitt
T or F
William Pitt was not a member of the British Parliament.
False. He sure was
Was the Stamp Act ever repealed?
Yes, in 1766
What act followed the Stamp Act's repeal that granted the kin and Parliament complete legislative authority to make laws binding to the colonies in all cases whatsoever?
Declaratory Act
What series of acts were to generate taxes on glass, lead, tea, and paper?
Townsend Acts of 1767
What acts were to generate revenue to pay for the salaries of governors?
Townsend Acts
What acts provoked numreous boycotts and mob action?
Townsend Acts
What appeared in the Pennsylvania Chronicle that challenged British authority?
The 14 Letters of a Farmer in Pennsylvania
Who wrote the 14 Letters of a Farmer in Pennsylvania?
John Dickinson
Who wrote,"For who are a free people? Not those over whom governm,ent is reasonably and equitably exercies, but those, who live under a government so consititutionalllyt checked and controlled thst proper provision is made against its being oth3erwi
John Dickinson
Why did Britain send troops to the colonies in 1768?
customs commissioners found it increasingly difficult to collect tax duties.
What happened on March 5, 1770?
British troops fired into a crowd of hecklers killing 5 AKA THE BOSTON MASSACRE
Who was Crispus Attucks?
1 of 5 colonists shot and killed by British troops on March 5, 1770 who was the son of a black father and Indian mother.
What was the name for the incident on March 5, 1770 that left 5 colonists dead?
The Boston Massacre
What motivated Parliament to repeal all of the Townsend Acts except the tax on tea?
Who emerged as the major agitator for colonial independence in 1772?
Samuel Adams
Who formed the Boston Committee of Correspondence?
Samuel Adams
What did the Boston Committee of Correspondence do?
published a statement of rights and grievances warning the colonist that Britain could disband colonial legislatures and take away individual rights.
What became the 1st institutionalized mechanism for communication amoung the colonies, greatly advancing their coooperation?
Committees of Correspondence
What was the chief supplier of tea to the colonists?
British East India Company
What caused the British East India Tea Company to have to sell their tea below market value?
Because a surplus was created by a boycott led by colonial women who purchased tea smuggled in from the Netherlands
Who proclaimed that "rather than Freedom, we'll part from our tea.?
Daughters of Liberty
Describe th Boston Tea Party:
a 1773 civil disobedience(?)in which the colonist dressed in native Americans dumped 342 chests of tea into Boston harbor to protest inbcreased taxes
What was the name the colonists assigned to the Coercive Acts?
Intolerable Acts
What laws did Parliament pass in retaliation for the Boston Tea Party?
Coercive Acts of 1774
Describe the conditions of the Coercive Acts?
1. closing of Boston Harbor until tea is paid for;
2. quartering British troops in private homes
3.created position of military governor
Who was named the military governor by Parliament in the Coercive Acts?
General Thomas Gage
Who had to consent any convening of most town meetings after the passage of the Coercive Acts?
General Thomas Gage
What were writs of assistance?
Blanket permission for British customs officials to search every part of a colonist's house for customs violations and any evidence of a crime, real or perceived.
Who issued writs of assistance?
General Thomas Gage
What served to ignite the first intense clash between Britain and America?
tax policies of Lord Grenville
What revealed the real basis of the schism between the Crown and the colonies?
Intolerable Acts (Coercive Acts)
What is the name of the first meeting in Philadephia on September 5, 1774 of 56 elected delegatesd from provicial congresses or conventions of all the colonies except Georgia?
First Continental Congress
When was the First Continental Congress?
Which colony did not send a delegate to the First Continental Congress?
Name 6 delegates of the First Continental Congress:
1. John Adams
2. Samuel Adams
3. John Dickinson
4. John Jay
5. Patrick Henry
6. George Washington
What did the First Continental Congress issue?
Declaration of American Rights
Who authored the Suffolk resolves?
Paul Revere
Who endorsed the Suffolk Resolves?
First Continental Congress
Describe the Suffolk Resolves:
1. declared the Intolerable Acts null & void;
2. supported arming Mass. to defend itself against Britain;
3. urged economic sanctions on Britain
T or F
After the Boston Tea Party, Britain declared Mass. to be in open rebellion, giving British troops the right to shoot rebels on sight.
What was the date that Paul Revere and others rode in the night to warn the colonists that Gen. Gage was marching west to Concord to destroy ammunition and gunpowder that was being stored?
April 18, 1775
T or F
Revere was able to reach the colonists to warn them that "the British were coming."
Who warned the colonists that the British were coming on the night of April 18, 1775?
William Dawes
T or F
Paul Revere was capture by the British before he was able to warn the colonists?
What was the "shot heard round the world."
The shots that rang out when armed resistance by Americans occurred at Concord.
How long after the classhes at Concord and Lexington did the 2nd Continental Congress convene?
3 weeks, on May 10, 1775
How many colonies were present for the 2nd Continental Congress?
13 colonies.
What was the purpose of the 2nd Continental Congress?
1. sever the bonds with England,
2. declare independence
Who took control of the American militia gathered around Boston, and declared George Washington general and commander-in-chief?
2nd Continental Congress
T or F
George Washington was commander-in-chief before the signing of the Declaration of Independence
True. It was the 2nd Continental Congress to awarded George the title.
When was the first major confrontation between the colonials and the British?
June 17, 1775 at the Battle of Bunker Hill
What was the "Olive Branch Petition"?
sent by the Colonists to the British following the Battle of Bunker Hill to avoid continuation of the conflict.
What publication helped galvanize the idea of revolution for the colonists?
Common Sense, written by Thomas Paine
T or F
Common Sense was originally published citing Paine as its author?
False, it was published annon to avoid treason
Who wrote, "The last cord is now broken" in reference to the deteriorated relationship between the Colonists and Britain in January 1776?
Thomas Paine
How many copies of Common Sense were sold during its first printing?
On June 7, 1776, who wrote a resolution declaring that all connection between the Colonies and Gr. Britain are, and ought to be, totally dissolved?
Richard Henry Lee, from Virginia
When was Lee's resolution for independence passed by the 2nd Continental Congress?
July 2, 1776.
Who composed the committe for the 2nd Continental Congressto draft a formal proclamation declaring independence?
1. Thomas Jefferson
2. Ben Franklin
3. John Adams
List the 3 general parts or
tenets or points outlined in the Declaration of Independence:
1. renounced allegiance to the British crown;
2. justified the Revolution;
3. provided a philosoophical bais for limited government
What philosopher is echoed in the Declaration of Independence?
John Locke
What is the importance of the Shay's Rebellion?
It was the first test of laws and order in order to suppress riot, anarchy, and confusion that was intitiated by 2500 men (farmers) in protest against deterioting economic conditions in the new country.
Fighting a war for independence required what that the individual colonies did not have?
Centralized government
How many drafts were there of the Articles of Confederation?
6 drafts
When were the Art. of Confederation presented to the 2nd Continental Congress?
July 12, 1777
When were the Art. of Confederation adopted by the 2nd Continental Congress?
November 15, 1777.
When did the Art. of Confederation formally take effect?
March 1, 1781 after all the states ratified it.
Describe the Articles of Confederation:
the first constitutional framework of the new United State of America approved by the 2nd Continental Congress in 1777 that were later replaced by the current Constitution
T or F
The states retained almost total sovereignty over their affairs under the Art. of Confederation
Describe the government outlined in the Art. of Confederation
All of the national power-executive, legeislative, and judicial- was housed in a single house of Congress in which each state had one vote.
T or F
Under the Art. of Confederation the new United States of America could declare war but could not raise an army.
T or F
Under the Art. of Confederation the new USA government could not tax.
T or F
Under the Art. of Confederation, the new USA could coin money.
T or F
Individual states could develop their own foreign policies and negotiate treaties under the Art. of Confederation.
Under the Art. of Confederation, agreement by how many states was necessary in order to pass any legislation?
9 states
Under the Art. of Confederation, how many states were required to amend the Art. of Confederation?
unanimous, all 13 states.
What countries lent money to the USA while under the Art. of Confederation to help pay for the Revolutionary War?
France and Holland
What did the Shays Rebellion prove?
That the centralized government of the new USA under the Art. of Confederation was to weak to sufficiently respond.
How many years were the Art. of Confederation in effect before it became apparent to many that things gotta change?
6 years.
From what part of society did the delegates of the Constitutional Convention come from?
elite aristocracy
What percentage of the total population living in the colonies at the time of the Constitutional Convention were the free, white males, over the age of 21 who owned land?
:ess than 5 %.
How many of the delegates of the Constitutional Convention were attorneys?
half or 50%.
How many participants of the Constitutional Convention were judges?
T or F
All of the participants of the Const. Convention owned slaves.
False. Some did.
What percentage of the delegates to the Const. Convention were under the age of 50yo?
75% or 3/4 or three quarters.
How many of the Const. Convention had also served on the Confederation Congress?
How many former governors served as delegates to the Const. Convention?
How many delegates to the Const. Convention also signed the Declaration of Independence?
At the time of the Const. Convention what percentage of the population lived on small farms?
T or F
Delegates of the Const. Convention included artisans, businessmen, and tradesmen?
False. None of the delegates were any of these
How many African-Americans lived in the Colonies at the time of the Const. Convention? What was the percentage of the total population?
600,000 or 18% of the total population
How many slaves were living in the south at the time of the Const. Convention?
520,000 were slaves
Were Native Americans originally considered as citizens in the Constitution?
No. They were viewed as foreigner.
Where did the mention of Native American mentioned in the original Constitution?
Interstate Commerce power of Art. 1 Sec. 8
T or F
Although not mentioned in the Constitution by name, the framers crafted a constitution capable of including women and other groups over time.
What is the term used to describe the proponents of a strong centralized government?
Who led the Nationalists in the Const. Convention?
James Madison
Who was the "Father of the Constitution"?
James Madison
What is the term used to describe the proponents of states' rights during the Const. Convention?
Who led the antinationalists?
William Patterson
What state was William Paterson from?
New Jersey
What was Paterson's arguement for anti-nationalism?
to protect the small staes from the proposed central government
Who was the compromiser in the negiations during the Const. Convention?
Roger Sherman, 66 yo, from Connecticut.
When did the Const. Convention officially open?
May 29, 1787
Who opened the Const. Convention with a 4 hour speech?
Governor Edmund Randolph of Virginia
List the 2 central question that guided the debates during the Const. Convention:
1. How powerful would the new national government be?;
2. How powerful would the states be?
List the 2 plans that were at the center of the debates during the Const. Convention:
1. New Jersey Plan
2. Virginia Plan
Which states favored the Virginia Plan?
Bigger States
Which states favored the New Jersey Plan
Smaller states
Who were the authors of the Virginia Plan?
1. Edmund Randolph
2. James Madison
Cite the 6 features of the Virginia Plan
1. Legislative Power is derived from the people and based on popular representation;
2. Legislative structure is bicameral;
3. Executive size is undetermined, elected and removable by Congress;
4. Judiciary life tenured; able to veto state legislation in council of revision;
5. State Laws: legislation can override
6. Ratification is by the people
Cite the 6 features of the New Jersey Plan:
1. Source of legislative power is derived from the states and is based on equal votes for each state;
2. Legislative structure is unicameral;
3. Executive is more than one person, removable by state majority;
4. Judiciary has no power over the states;
5. State laws: government can compel obediance to national laws;
6. Ratification by the states
List the 3 important contributions of the structure of the Virginia Plan:
1. 3 branch government: executive, legislative, and judiciary;
2. checks and balances of powers;
3. separation of powers
Which branch of government makes the laws:
Which branch of government executes the laws?
Executive branch
Which branch of government interprets the laws?
Describe what checks and balances are:
Systems that ensure that for every power in government there is an wqual and opposite pwoer placedin a separate branch to restrain that force.
Describe what is "separation of powers"?
When powers are divided among the branches.
What is the name for a system of representation popular in Europe where by the number of seats in the legislature is based on the proportion of the vote received in the election:
Proportional representation
The executive branches in both the Virginia and New Jersey Plan had what in common?
Both were limited by 1 term.
Which Plan, New Jersey or Virginia plan was designed to refine and strngthen the Art. of Confederation?
New Jersey Plan
What is the term used to describe a combined body of judges and member of the executive branch havin g a limited veto power over national legislation and an absolute veto over state legislation as proposed in the Virgian Plan?
Council of Revision
Which plan called for a multiperson executive branch, V or NJ?
New Jersey plan
Which plan, V or NJ called for a bicameral legislature?
Virginia Plan
Which plan, V or NJ, called for power to tax imports be taken away from the states and given to the national government?
New Jersey
Which plan, V or NJ, called for national courts staffed by life tenured judges?
What is the name of the feature of the Constitution that holds that in any conflict between gederal las and treaties and state laws, the will of the national government always prevails?
Supremacy Clause
What was the vote count when the delegates chose the Virginia Plan over the New Jersey Plan?
What issue needed to be addressed before success could be realized by the Const. Convention?
Issue of Proportional Representation
Why did the Art. of Confederation fail?
The propsect of a veto by each state over the action of the central government had resulted in a powerless Confederation Congress
List the states that were considered to be "big states":
1. Virginia
2. Carolinas
3. Georgia
4. New York
5. Pennsylvania
6. Massachusetts
Who is attributed to be the reason why the small states failed early in the Const. Convention debates to get the New Jersey Plan passed?
Luther Martin who gave a 2-day virulent speech attacking proportional representation
Who is attributed as the driving force to defeat proportional representation of the Senate during its vote by the Const. Convention?
Abraham Baldwin from Georgia
What is the other name for the "Great Compromise" of the Const. Convention?
Connecticutt Compromise
Who advanced the Connecticutt Compromise as a plan for solving questions about representation for the House of Representatives and the Senate?
Roger Sherman of Connecticutt
Describe the Great Compromise of the Const. Convention?
a plan that upheld the large-state positionfor the House,its membnership based on propportional resentation, balanced by the small-state posture of equal representation in the Senate where each state would have 2 votes.
What was the score of the vote by the delegates of the Const. Convention to approve the Connecticutt Compromise?
How did the issue of slavery ADD to the south's political power?
Since slaves could not vote, their numbers under the 3/5's rule were being used to add to it?
Where is the 3/5's rule in the Constituion?
Art. 1 Sec. 2
Originally, the Convention narrolwy voted for how many years in the term of the presidency?
7 years which later was revised down to 4years.
Describe the electoral college:
Votes in the national elections are actually indirect botes for a slate of presidential elector pledge to each party's candidate. Each state gets one elector for each of its representatives and senators. The winning slate of elctors cast their votes in their state's capital after the public election.
How many seats were there going to be in the first Congress following the Const. Convention?
Originally, what was the ratio of representatives to the House of Reps to the population in each state?
40,000 later changed down to 30,000 at George Washington's request.
T or F
Originally, the electoral college voted for a slate of Pres. and V. Pres.
T or F
The runner-up of a Pres. election was named the V. Pres. in the original constitution.
Who was the oldest delegate to the Const. Convention?
82 yo Benjamin Franklin
How many delegates signed the Constitution?
Describe the government the framers of the Constitution constructed:
A republican for of goenrment with built in checks and balances, in which the people hold an indirect voting power over their elected officials.
T or F
Only the House of Representatives would be elected directly by the people, with voting qualification being determined by individual states.
T or F
Members of the Senate were voted upon directly by the people.
False. State legislatures decided upon the Senators.
Which branch of government is farthest from the people in its selection?
The Judiciary.
T or F
The American system of government has shifted more towards a completely republican form of government.
False. It's moved towards a more democratic, becoming more inclusive.
List the 6 amendments to the Constitution that expanded the voting base:
1. 15th-include newly freed slaves
2. 17th-direct popular election of Senate
3. 19th-extended right to vote to women
4. 23rd-gave D.C. representation
5. 24th-abolished poll tax
6. 26th-extended right to vote to 18yo.
Who wrote,"you must first enable the government to control the governed, and in the next place oblige it to control itself."
James Madison
What relationships are defined in the horizontal powers of our government?
checks and balances amongst the judiciary, executive, and legislative branches
Define the relationsip in the vertical powers of our government:
Relationship between feds and states
What is the formal name of the relationsihp between centralized national government and the states governments?
Name the powers that are expressly granted or enumerated to the national government>
delegated powers
Name the powers not specifically delgated to the national governments?
Reserved powers
Name the powers to regulate the health, morals, public safety, and welfare of citizens that are not specifically listed in the Const.
Police powers.
What is the most important aspect of the vertical perspecitve of the relationship of feds to states?
Supremacy clause-federal dictatesw will always prevail.
What are the parts of the Constitution?
1. Preamble
2. Articles
3. Amendments
How many articles are there in the Constitution?
Which 3 Articles of the Constitution apportion power among the 3 branches of government?
First 3, Art. 1, Art. 2, Art.3
Which articles of the Constitution appoortion power between the feds and the states?
Art. 4 and Art. 5
Which articles of the Constitution lay out procedures for ratifying and amending the Constitution?
Art. 6 and Art. 7
Which art. of the Constitution sets forth the powers of the legislative branch of government?
Art. 1
Which art. of the Constitution outlines the powers of the executive branch of the national government?
Art. 2
Which art. of the Constitution ouline the powers of the executive branch of the national government?
Art. 2
What is the name for the clause in Art. 1 sec.8, of the Constitution stating that Congress can "make laws which shall be necessary and proper for carrying into Execution the foregoing powers?
Necessary and Proper Clause
What is the term used to describe the inaction a president may take by not spending, or delaying to spend the full appropriation on a program he/she disagrees with?
Which article of the Constitution oulines the powers of the Judiciary?
Art. 3
Which Art. of Constitution outlines the procedure for amending the Constitution?
Art. 5
Which art. of the Contitutuion outlines the procedure for amending the Constitutuion?
Art. 5
Which art. of the Constitutuion deals with federal-state relations and the financial obligations of the new government?
Art. 6

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