AP Gov Chapter Two
What is Judicial Review? Is it found in the Constitution? If not, how was it established?
The power of the Supreme Court to review acts or laws and determine the Constitutionality; no; Marbury v. Madison
How can an amendment be ratified? What happens after?
by a 3/4 vote of state constitutional conventions and a 3/4 vote of the 50 state legislatures; It is a new amendment
Describe the quote from Federalist No. 51 that begins: "If men were angels......"
"If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself." This quote explains if people were perfect, government would not be necessary. If the men who govern society were perfect, there would be no need for someone watching things. Creating a government by society to watch society, the greatest challenge is enabling the government to control its people and then making it control itself.
Explain the three ways that the Constitution addressed slavery?
*Slaves were "other persons" and counted as ⅗ a person *Slaves could not vote *Slaves were included in the population
What were the three main divisive issue concerning the new Constitution between the Federalists and Antifederalists?
*The feasibility of republican national government in such a large nation *The power disparity of states and the national government *The lack of a bill of rights in the Constitution
Antifederalists: *View of proposed Constitution *Proponents of *Concerns *Supporters included *Documents
*View of proposed Constitution: Opponents *Proponents of: Stronger state governments *Concerns: Oppression of the rights of the states and the people *Supporters included: Rural persons, farmers, shopkeepers, less well-known supporters but leadership included educated elites, Rev War heroes, and convention delegates; included Patrick Henry, Samuel Adams, and George Clinton *Documents: Brutus No. 1
Federalists: *View of proposed Constitution *Proponents of *Concerns *Supporters included *Documents
*View of proposed Constitution: Supporters *Proponents of: A strong national government *Concerns: The tyranny of the majority *Supporters included: Wealthy and elite, southern plantation owners; included James Madison, John Jay, George Washington *Documents: Federalist No. 10 and No. 51
How can an amendment be proposed?
2/3 vote of each chamber of Congress or 2/3 of state legislatures call for national convention
What does Madison conclude about the problem of factions?
A nation cannot avoid the problem of faction, but only try to control its dangers
What did Brutus No. 1 argue about the following? A republic in a country that would grow in land size, population, and power? Representative power? Distance from congressional districts? Taxation, regulation of commerce, and the necessary and proper clause? State power? Federal government's control of the military? Standing armies?
A republic in a country that would grow in land size, population, and power? The people's interests could not be maintained , too large for a republic Representative power? Representatives would grow comfortable in their jobs and not relinquish power Distance from congressional districts? The representatives were such a distance away from their voters, that they'd fail to grant their wishes Taxation, regulation of commerce, and the necessary and proper clause? Directly annihilates all the powers of the state legislatures State power? The power of state governments would eventually clog the wheels of the federal government, which would be included to naturally remove it out of the way Federal government's control of the military? Might be used to destroy liberty Standing armies? Would destroy liberty
Who were the three main authors of the Federalist Papers? They wrote under the pseudonym, Publius. Why did they choose that name?
Alexander Hamilton, James Madison, and John Jay; the first person to help create a republic in Rome
How is the president officially chosen AND how is each state's number of votes determined?
An Electoral College, consisting of electors awarded to states based on their represent in Congress selects the president. Every state receives two electors plus one elector for each member of the House
Explain the Riot Act?
An act passed by Massachusetts legislature — in response to Shays Rebellion — which absolved sheriffs and other officials from prosecution for killing rioters
In general, what was Shays's Rebellion?
An uprising of the people over a bad economy
Describe the difference between the Federalist and Antifederalist philosophies on tyranny
Antifederalists feared the government would exert tyranny over the majority, as wealthy elites would control the government, while Federalists feared the government would exert over the minority, due to the power of a majority rule
Identify and describe the purpose of each of the seven articles of the Constitution.
Article I assigns the responsibility for making laws to the Legislative Branch (Congress) Article II details the Executive Branch and the offices of the President and Vice President Article III establishes the Judicial Branch with the U.S. Supreme Court as the federal court system's highest court Article IV outlines states' powers in relationship to each other and the states relationship with the federal government; federalism Article V explains the amendment process, which is different and more difficult than the process for making laws Article VI The Constitution is the law of the land and Federal law is supreme, or higher than, state and local laws Article VII describes the ratification process for the Constitution
Explain (task verb) why the authors of the A of C made the national government intentionally weak.
Based on the history the United States had with Britain, the US government felt the national government needed to be weak. because usurpations and other unwanted troubles could be avoided
Where in the Constitution did the Founding Fathers eventually address the issue of individual rights?
Bill of Rights
What types of issues arose from states retaining most of their sovereignty? (Pay special attention to the tariff issue).
Confusion
The A of C was the first ___________ in U.S. history?
Constitution
Define Expressed/Enumerated Powers, Necessary and Proper clause, and Implied powers
Expressed/Enumerated Powers: the specific powers given directly to Congress in Article I, specifically numbered and listed Necessary and proper clause: gives congress the ability "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all the other Powers vested by this Constitution in the Government of the US". In order to use it, must be tied back to a previous clause Implied powers: Powers of the federal government that go beyond the expressed powers under the necessary and proper clause
What did Madison think would be the biggest challenge to the new republic
Factions
Describe the basic concept of: Federalist No. 10 Federalist No. 51
Federalist No. 10: Blunting the Power of Factions Federalist No. 51: Sharing Power to Prevent Tyranny
Explain the general difference between the Federalists and Antifederalists?
Federalists supported the Constitution and a strong national government, while Antifederalists did not support the Constitution and favored stronger state governments
What was the intended purpose of the Constitutional Convention?
Fix the Articles of Confederation; the intended purpose was not to create a new Constitution
What is a republic? Historically, what had ALWAYS happened to republics?
Governments where the people elect others to represent them; they ended up dying off
What type of foreign relations concerns did the U.S. also have in the mid-1780s
Great Britain was north of the states, France might pose a threat
In Federalist No. 10, why did Madison argue that a republic should be the chosen form of government in the U.S.?
He argued that in a direct democracy, the atmosphere is too turbulent and full of contention and incompatible with personal security or the rights of property, so a republic was the remedy to the dangers of tyranny.
Explain how Madison addressed the hypocrisy of slavery.
He published an essay following the drafting of the Constitution
Reserved (State) Powers (Know 3)
Highway Management ownership of property. education of inhabitants. Organizing elections Education Intrastate commerce (trade within the state) Police powers
Summarize Madison's main argument concerning the role of a republic in controlling factions.
In a large and diverse republic, so many factions are fighting for power that no one faction is able to asset its will over all the others
What according to Madison, would be the main cause of factions?
Inequality of wealth
What was the original intention of the Federalist Papers?
Influence the ratification of the Constitution, especially in the contested state of New York
What was the main complaint the Antifederalists had over the new Constitution?
It lacked a Bill of Rights
What was Madison's main idea in creating an American Republic?
It was based on the premise that liberty is something with which people are born, something that cannot be given or taken away by governments
How was the issue of slavery addressed? How was the issue resolved?
It was not generally debated in terms of morality or liberty but in terms of states' representation; it was settled on practical, political considerations, not high ideals
Why did the Antifederalists support the addition of a Bill of Rights?
It would serve to remind citizens of their natural rights and remind them to assert those rights when governments might try to take them away
What type of republic did Madison strive to establish?
Large Republic
Describe the purpose of each branch of government:
Legislative to make laws Executive enforce the laws that had passed by Congress Judicial interprets the laws passed
What was the only branch of government that existed in the A of C? Why did the creators of the A of C establish a government in this manner?
Legislative; they did not want to have a king
Explain the roles James Madison, George Washington, Ben Franklin, and Alexander Hamilton following people played in the Constitutional Convention:
Madison: First delegate to arrive, most influential person, father of the Constitution because his plan of government is his basic plan of government - Virginia Plan. He took very good notes of everything that happened in Independence Hall Washington: President of the Constitutional Convention. Madison NEEDED Washington there to prove it legitimate. Franklin: Used his important skills numerous times in debate Hamilton: Served as one of the leading proponents of a strong national government. He banned the table completely and said the National Government needed to be strengthened to make the economy elite
How are elections for the house of representatives and senate different?
Members of the house are elected by the people and run every two years; senators, who were originally chosen by state legislatures serve six year terms
How many states would it take to ratify the new Constitution? How did this differ from amending the A of C?
Nine; It took 13 votes, had to be unanimous
Did the Antifederalists believe that the A of C was a perfect form of government?
No
*Identify seven key aspects of the government structure of the A of C.
People hold the power, league of friendship, protected states from stealing land from each other, one house, state sovereignty, at least two representatives/ at most seven, one vote per state, could not raise taxes, could not establish a military
In your own words, describe how a republic can, by nature, control small factions. Use a quote from Federalist No. 10 to support your description.
People will be voted in by more citizens if they are honorable and have good character. "The suffrages of the people being more free, will be more likely to centre in men who possess the most attractive merit and the most diffusive and established characters."
There are three main parts of the Constitution; Preamble, Articles, and Amendments. Explain the purpose of each below:
Preamble: Clearly communicates the intentions of the framers and the purpose of the document/ government Articles: Provides system of checks and balances prevents any one of these separate powers from becoming dominant and describe the relationship of the states to the Federal Government, establish the Constitution as the supreme law of the land, and define the amendment and ratification processes Amendments: The only way to change the Constitution, and provided a law with the protection of the federal government
How did the government under the A of C acquire money? (Two ways)
Print worthless money and selling western land
The original Constitution did little to protect individual rights, but it did address them a few times. Explain how the Constitution addressed individual rights in regards to Religious testing for holding office, Writ of habeas corpus, Bills of attainder, Ex post facto laws, Trial by jury, and Conviction of treason
Religious testing for holding office: Prohibits a religious test in Article 6 Writ of habeas corpus: Forbids the suspension of allowing people detained by the government to know why they are being held in Article I, Section 9 Bills of attainder: Prohibits Congress and the states from declaring someone guilty without trial in Article I, Section 9 Ex post facto laws: Prohibits punishing people for acts that were not crimes at the time they were committed in Article I Trial by jury: Provides the right to a trial by jury in federal criminal cases in Article 3, Section 2 Conviction of treason: Requires two witnesses to the same overt act of treason or a confession in front of a judge in Article 3, Section 3
What were the two main issues the Founders addressed at the opening of the convention?
Representation of states in Congress - small states and large states (population-wise), and the powers of the national government and state governments
What are the two ways, according to Madison, to dampen the dangers of a faction of a majority?
Republican government Large size of the republic
Who wrote Brutus No. 1? Was that person a Federalist or Antifederalist?
Robert Yates; Antifederalist
What two aspects of human nature, according to Madison, necessitated that an American republic needed to be the chosen form of government?
Self-interest and selfish motives
In the next paragraphs, Madison explains how to control the government becoming too powerful (tyranny of the government). There are FOUR main ways that Madison says the government can be controlled (kept from establishing tyranny. They are:
Separation of powers Bicameralism National government and state governments separating powers Multiple factions competing in the policymaking process Checks and balances republic
Explain the difference between separation of powers and checks and balances.
Separation of powers is a design of government that distributes powers across institutions to avoid making one branch too powerful on its own; while checks and balances are a design of government wherein each branch has powers that can prevent the other branches from making policy
What is the purpose of a Constitution?
Sets up a government
Why did the delegates to the convention agree to retain slavery?
Slave owners threatened to leave the convention unless slavery was protected
What types of fears did many Americans have concerning a change to the A of C?
Southerners feared losing slave labor and small states feared a small national government
Until the 17th Amendment, how were members of the Senate elected?
State legislatures
What level of government had most of the power in the A of C? Which level of government was intentionally weak?
States; federal government
The Great (Connecticut) Compromise [congressional representation]
Structure of Legislature: Bicameral (two chamber) Apportionment: House of Representatives *States represented according to population *Members directly educated by citizens Senate *States represented equally (two senators per state). *Members appointed by state legislatures *Legislature has broad powers over commerce and the ability to make laws as necessary *House of Representatives "power of the purse" to levy taxes
Why did people like Madison say a Bill of Rights was unnecessary?
The people were already sovereign and and the government was already limited
The New Jersey Plan (Small State's plan) of [congressional representation]
Structure of Legislature: Unicameral (single chamber) Apportionment: Legislature *Equal representation for states regardless of state population *Members appointed by the states Legislature has similar power as under the Articles of Confederation but can also levy taxes and regulate commerce
The Virginia Plan
Structure of Legislature: Bicameral (two chamber) Apportionment: Lower House *Number of seats apportioned by state population *Members directly elected by citizens Upper House *Number of seats apportioned by state population *Members elected by lower house (from list supplied by state legislatures) *Legislature has strong powers, including the ability to veto state laws
Which court is created by the Constitution? Who was given the power to create all other federal courts?
Supreme Court; Congress
How was the Antifederalists' stance on the new Constitution going to be a "hard sell"? What did they do to overcome that hard sell?
The Articles of Confederation had so much wrong with it, and they pushed for a government baked on it; They turned negative and utilized fear and said the Constitution would take away rights and liberties
What was significant about New Hampshire's ratification of the Constitution?
The Constitution was ratified
Again, what was the main disagreement between the Federalists and Antifederalists concerning the type of government that would be adopted?
The Federalists favored a republic, while the Antifederalists feared a republic would eventually become oppressive and overtake the rights of the states, and all-in-all wanted more restrictions on the national government
Summarize the basic differences between the Federalists and Antifederalists beliefs about the new Constitution.
The Federalists tried to convince the American people that the proposed form of government was necessary to protect their rights and liberties, while the Antifederalists argued the proposed increase in national power might allow the national government to infringe on the authority of the states.
What are the key powers vested in the executive branch of government?
The President may veto a piece of legislation that Congress has passed; presidents have the power to make foreign policy
What were the Federalist Papers?
The collection of 85 essays written for New York newspapers from the fall of 1787 to the spring of 1788, which the Federalists used to make their case
Why did protesters focus on closing the courts?
The courts were the body that were foreclosing the land
In what manner did some people think that a Bill of Rights could actually hamper liberty?
The government might not respect those rights not expressly listed, and it's impossible to list every right the people may have
In the end, why does Yates in Brutus I say the new Constitution should be rejected?
The government poses a great danger, and any man who is a friend to liberty and happiness of mankind should not adopt it
Describe the powers the national government had concerning war and taxation.
The national government could not tax and often did not have soldiers for war, they had to ask states
What is federalism?
The sharing of power between the federal government and the states
What level of government held power in the A of C? How does that differ with our government today?
The states; federal government holds power now
Why were so many people in western Massachusetts (and for that matter) the 13 original states upset in the mid-1780s?
Their land was being taken
Why was the establishment of a weak government a bad idea at this time in American history?
There need to be a strong government to work on the economy and for protection
What lesson was learned from Shay's Rebellion?
There needed to be a stronger central government
How was domestic trade hampered by provisions of the Articles of Confederation?
There was a national and state currencies, hard to trade when you don't have the same source of currency
Describe the debt and economic crisis that many Americans faced in Post-Revolutionary America.
There was a shortage of hard and soft money, government and citizens were in debt, those in debt were expected to pay, government foreclosed property if it wasn't paid off
How was the campaign of over ratification similar to a modern election campaign?
There was news produced by both sides, that most definitely had swing. Some of which attacked the other side.
Describe the people who attended the convention AND how they were not a representative cross-section of the U.S
They all were men, mostly well-educated, a third owned slaves, elite, political experience; most of America did not embody these traits
What was the Federalists' main argument in favor of the Constitution?
They argued the government would trample on the rights of the people and states
What power did the U.S. Government not have in regards to stopping the Rebellion?
They could not send an army
How were the Federalist Papers a piece of propaganda?
They framed and discussed a political issue in a way that tried to influence people's views of that issue
In your own words, explain the stance that Federalists had to take concerning America as a large republic.
They had to educate the population on how a republic could protect state rights, powers, and individual liberty.
What did many, like James Madison, hope would be the result of Annapolis?
They hoped the outcome of the convention might lead to significant changers in the fundamental structure of the government
What two types of mistrust did states have toward other types of governments?
They mistrusted motives and a strong, national government
What was the intended purpose of the Annapolis Convention?
They were there to fix trade and navigation issues — such as tariffs, double currencies.
What is the purpose of staggering senate elections?
To make it more difficult for any swift change in mood among citizens to quickly affect national policy
What was the only real decision made at the Annapolis Convention?
To meet again next year
What was the overall goal of the convention?
To strengthen the country governmentally, fiscally (economically), and the military
According to Madison, there were two ways to control factions. One was unthinkable, the other unrealistic. EXPLAIN BOTH.
Unthinkable: A tyrannical government suppresses the liberties of its citizens and prevent factions from organizing Unrealistic: Factions are controlled through societies where everyone has the same opinions, passions, and interests
Define faction
a group of self-interested individuals who form to use the government to get what they want, trampling on the rights of others
Where can you find the word slavery in the Constitution?
nowhere
Expressed/Enumerated/ Inherent (Federal) Powers (Know 3)
power to coin money Power to declare war Power to establish a post office Enter treaties Create an army (military of any kind) Process of naturalization (citizenship) Interstate commerce
Concurrent (Shared) Powers (Know 3)
the power to tax The power to build roads The power to create lower courts Make laws Voter qualifications
