Unit 2
34 flashcards · Other · by ProgrammingParadox
The US gets its power from the people
Rule of law in the ancient world is best described as arbitrary
Without reason, on a whim. "Might makes right" as well.
A culture is best described by its laws
The absolute foundation of a society
Rule of Law. Without it, the culture goes away.
What are the 5 pillars of modern law?
Written, approved, fair, applies to all, enforced equally
How do you go from idea to national law?
Write it down petition talk to congressperson if approved goes to congress and gets co-sponsors goes to a committee, the chairman might shelve it but otherwise gets voted on president signs or vetoes house of congress can override veto with 2/3 vote unless somebody thinks it's unconstitutional and sues the government and the supreme court removes it.
Washington was president number 11
It's not number one
How many electors do you need to be the president?
270+
Fairness is...
the ability to have your situation considered
Do people in territories get representatives?
No; those are the rules they agreed to. They can leave whenever they want.
How does our American justice system build fairness into it?
Innocent until proven guilty There are different degrees of murder and other laws You have to be told why you're being arrested You have a right to a speedy trial In order for you to have to get your situation told and represented, taxpayers will pay for a lawyer that will tell your story and defend you You have a right to trial by jury No excessive fines or bails, or cruel and unusual punishments
What is justice?
As Aristotle said, "treating equal things equally and unequal things unequally"
Code of Hammurabi
1750BC, decided to write down his laws. The first time in history we know of where a ruler writes down the law.
10 Commandments
12-1400BC, First know egalitarian law, meaning the laws applied equally to king and commoner.
Kurash/Cyrus The Great (first persian empire)
550BC, religious tolerance
Aristotle
384BC, father of modern science and reasoning. Studied natural laws. Liked the idea of a constitutional government, or written rules on those in power.
Judeo-Christian Philosophy
Separation of church and state, 7 universal laws with a court system, religion is important in the early development of equality, laws should be fair, equal, and ethical
Athens becomes a direct democracy
550BC
What is a direct democracy?
The people directly vote on laws
Rome becomes a republic
509BC
Why are we a republic?
Dictatorship goes against human nature Protects minority view by slowing down the law-making process and making laws less extreme
Parliament
Started as the great counsel, from 50 barons making the king sign the Magna Carta
What is absolutism?
Power without limits
To limit power, Greece had
Secret Ballot, can't be punished for not voting for the powerful, thus lowering corruption
What is ostracism?
An election you don't want to win; exiles you for 10 years
What is a constitutional government
A government with its rules written down
What are checks on power?
Parts of the government checking other parts' power
What is the separation of powers?
taking apart different functionalities of government and separating them as much as possible. Not one group of people has all power.
What is federalism?
The powers of the government are tiered and split up vertically
What was the purpose of ancient government?
To increase the power of the ruler
Why was the enlightenment so important?
Asked for a reason why the leader must be in charge
What are the natural laws given in class?
All living things want to stay alive All living things have freedoms All living things have a domicile; a place they call their own
What is a social contract?
The government is an agreement between the government and the people; government has to protect rights
What is popular sovereignty?
Government power comes from the people