Unit 1 Terms & Concepts - We The People Prep

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Unit 1: Historical and
Philosophical Foundations
of American Government
Lesson 1: Terms and Concepts to
Understand
the United States; and presidential systems, such as
that of France. (3) General forms of government,
such as monarchies, republics, and autocracies.
limited government
In natural rights philosophy, a system restricted to
protecting natural rights that does not interfere with
other aspects of life. More generally, limited
government is constitutional government governed
by the rule of law. Written or unwritten constitutions
are used to empower and limit government.
constitution
Parliament
A plan of government that sets forth the structures
and powers of government. In democracies, a
constitution is an authoritative law through which the
sovereign people authorize a government to be
established and grant it certain powers.
constitutional government
Limited government; the rule of law. A form of
government in which a written, unwritten, or partly
written constitution serves as a higher or fundamental
law that everyone, including those in power, must
obey. The rule of law is an essential feature of
constitutional government.
The British legislature, which consists of two houses:
the House of Lords, which once represented the
nobility, and the House of Commons, which formally
represents the common people. Most members of the
House of Lords are appointed for life by the
government of the day and are not members of the
hereditary aristocracy, who once dominated it.
republic
According to James Madison, a form of government
that derives its powers directly or indirectly from the
people, is administered by officials holding power for
a limited time, and incorporates representative
institutions.
democracy
Literally defined as "rule of the people," democracy
is a form of government in which all citizens exercise
political power, either directly or through their
elected representatives. See also representative
democracy
forms of government
(1) Aristotle's idea of three forms of government
based on the number of people exercising power.
Each has a "right" form and a "corrupt" form. The
right form of government by a single person is a
"monarchy." The right form of government by a few
people is an "aristocracy." And the right form of
government by many people is called "polity." (2)
Types of democratic governments. For example,
parliamentary systems, such as those of Britain and
India; separation of powers systems, such as that of
unwritten constitution
The body of political practices developed through
custom and tradition. Only three of the world's major
democracies have constitutions that are not single,
written documents: Britain, Israel, and New Zealand.
In each of these nations, the constitution is a
combination of written laws and precedents.
written constitution
A written plan of government that sets forth the
structures and powers of government. See
constitution
Created by Tom Driscoll, www.driscoll-class.wikispaces.com
Adapted from the Center for Civic Education’s “We the People: The Citizen & The Constitution”
program.
Lesson 2: Terms and Concepts to
Understand
civic virtue
The dedication of citizens to the common welfare of
their community or country, even at the cost of their
individual interests. Traditionally considered most
relevant to republics, since republican citizens are
responsible for the well-being of their country.
classical republicanism
The ideals and practices of ancient Greek or Roman
city-states that emphasized civic participation and the
responsibility of citizens for the well-being of their
polity, or country. Acts by citizens that placed the
public good, or common welfare, above private
interest were especially prized.
inalienable rights
Fundamental rights inherent to being human that
every person therefore possesses that cannot be taken
away by government or another entity. This phrase
was used in the Virginia Declaration of Rights and
the Declaration of Independence. Inalienable is
sometimes spelled unalienable.
natural rights
The doctrine that people have basic rights, such as
those to life, liberty, and property in a state of nature.
Some writers, especially those influencing the
American Founders, argued that certain of these
rights are inalienable-inherent in being human-and
that people create governments to protect those
rights.
political legitimacy
common good
The good of the community as a whole, as contrasted
with private interests that may conflict with public
interest. Also known as the public good.
Acceptance by the governed that the claim to
authority by those who govern is justified. In
democratic societies, legitimacy is achieved only
when those who govern gain power through the free
consent of the governed in free and fair elections.
consent of the governed
popular sovereignty
Agreement by citizens to obey the laws and the
government they create. Consent is the foundation of
government's legitimacy.
The natural rights concept that ultimate political
authority rests with the people.
divine right
The idea prevalent in early modern Europe that
monarchs derive their authority directly from God.
Adherents to this doctrine claimed that to disobey
such monarchs, to attempt to replace them, or to limit
their powers is contrary to the will of God. Also
known as the divine right of kings.
pursuit of happiness
An "unalienable" right stated in the Declaration of
Independence. It is the right of Americans to pursue
personal fulfillment in their own way, so long as they
do not infringe on the rights of others. Within certain
limits, this right denies the legitimacy of government
to decide what kind of happiness one ought to seek.
Created by Tom Driscoll, www.driscoll-class.wikispaces.com
Adapted from the Center for Civic Education’s “We the People: The Citizen & The Constitution”
program.
right to revolution
feudalism
The right of the sovereign people of any democratic
state or regime to depose a government after it has
attacked citizens' basic rights for a significant period
of time. This right, espoused by English philosopher
John Locke, was asserted in the Declaration of
Independence to justify separation from Britain and
the overturning of the authority of King George III.
A system of social, economic, and political
organization in Europe from the ninth to about the
fifteenth century in which a politically weak monarch
shared power with the nobility. The nobility required
work and services from the common people, known
as serfs, in return for allowing them to live on and
make use of the noble's land and benefit from the
noble's protection.
social contract theory
Judeo-Christian
Presumption of an imaginary or actual agreement
among people to set up a government and obey its
laws. The theory was developed by the English
natural rights philosopher John Locke, among others,
to explain the origin of legitimate government.
Ideas, beliefs, and practices that have their historical
roots in Judaism and Christianity.
nation-state
state of nature
The condition of people living in a situation without
government; anarchy. Natural rights philosophy
inquired about what rights, moral rules, or laws
applied in such circumstances and what rights, if any,
people retained after agreeing to leave the state of
nature to form a politically organized society or state.
As currently used, a country; the standard unit of
political organization in the world. The nation-state
received its name from the idea of a people, or
"nation," organizing itself politically for self-rule.
Many countries today, however, are composed of two
or more distinct peoples.
private morality
Lesson 3: Terms and Concepts to
Understand
An individual's ideas about right and wrong to be
practiced in one's personal life. These are derived
from religious, philosophical, familial, and other
sources, including individual conscience.
capitalism
public morality
An economic system in which the means of
producing and distributing goods are privately owned
and operated for profit in competitive markets.
The values and principles of right and wrong
pertaining to public policies and actions.
city-state
A politically independent community consisting of a
city and its surrounding territory.
Created by Tom Driscoll, www.driscoll-class.wikispaces.com
Adapted from the Center for Civic Education’s “We the People: The Citizen & The Constitution”
program.
Lesson 4: Terms and Concepts to
Understand
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. This principle plays a key
role in common law systems such as those of Britain
and the United States.
common law
The body of unwritten law developed in England
from judicial decisions based on custom and earlier
judicial decisions. Constitutes the basis of the English
legal system and became part of American law,
except in Louisiana, which inherited its civil law
system from France.
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.
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. The rule of law requires an
independent judiciary that is immune from political
or other manipulation.
writ of habeas corpus
Magna Carta
Also known as the Great Charter, King John of
England agreed to this document in 1215 at the
demand of his barons. The Magna Carta granted
certain civil rights and liberties to English nobles and
to all "freemen," such as the right to a jury of one's
peers and the guarantee against loss of life, liberty, or
property except in accordance with law. Some rights
were guaranteed for all the king's subjects, free or not
free. In doing so, the Magna Carta limited the power
of the king, who agreed that his will could be
bounded by law, and became a landmark in the
history of constitutional government.
precedent
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 is lawful.
Lesson 5: Terms and Concepts to
Understand
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.
Previous court decisions upon which legal issues are
decided.
redress of grievances
constituent
The correction of complaints. The First Amendment
protects the right of the people to petition
government to obtain remedies for claimed wrongs.
A person represented by an elected official.
Created by Tom Driscoll, www.driscoll-class.wikispaces.com
Adapted from the Center for Civic Education’s “We the People: The Citizen & The Constitution”
program.
covenant
A binding agreement made by two or more persons
or parties. In Protestant churches during the
Reformation, a covenant was an agreement made in
the sight of God. The Mayflower Compact was such
a covenant.
indentured servant
A person who voluntarily sold his or her labor for a
set period of time in return for the cost of passage to
the American colonies. Indentured servants provided
the most important source of labor in the colonies in
the seventeenth century and for a large part of the
eighteenth century.
magistrate
A lower-level judicial officer, usually elected in
urban areas, who handles traffic violations, minor
criminal offenses, and civil suits involving small
amounts of money. More generally, magistrate
means public official.
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."
suffrage
Lesson 6: Terms and Concepts to
Understand
compact
A formal contract or agreement between or among
two or more parties or states. The Mayflower
Compact of 1620 was such a formal agreement.
law of nature
In natural rights philosophy, moral rules found out by
correctly applied reason or right reason, telling
persons what they may and may not do in various
circumstances. In philosophy, laws of nature have
often referred to the rules that would prevail in the
absence of man–made law. Natural law is conceived
to contain standards of justice that apply to all
people.
sovereignty
The ultimate, supreme power in a state. Democratic
theory states that the people as a whole are sovereign
(See popular sovereignty); the citizens of the United
States constitute the sovereign people.
writ of assistance
A document giving a governmental authority the
power to search and seize property without
restrictions. Abolished in American law, the use of
such writs by the British government was a major
issue during some phases of the American
Revolution.
The right to vote. See franchise
Created by Tom Driscoll, www.driscoll-class.wikispaces.com
Adapted from the Center for Civic Education’s “We the People: The Citizen & The Constitution”
program.
Lesson 7: Terms and Concepts to
Understand
checks and balances
In American constitutional thought, distributing and
balancing the powers of government among different
branches so that no one branch or individual can
completely dominate the others. See also balance of
power
legislative supremacy
A system of government in which the legislative
branch has ultimate power. Parliamentary
government is such a system.
veto
The right of a branch of government to reject a
proposed law that has been passed by another branch
in an effort to delay or prevent its enactment. Under
the U.S. Constitution, it is the power of the president
to refuse to sign a bill passed by Congress, thereby
preventing it from becoming a law. The president's
veto may be overridden by a two–thirds vote of both
the Senate and House of Representatives.
Created by Tom Driscoll, www.driscoll-class.wikispaces.com
Adapted from the Center for Civic Education’s “We the People: The Citizen & The Constitution”
program.
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