Chapter 2: Constitutional Democracy: Promoting Liberty and Self-Government

Jefferson and madison promoted the idea of a bill of rights, and Jefferson said, "

"A bill of rights is what the people are entitled to against every government on earth, general, or particular, and what no just government should refuse or rest on inference."

What did Maryland's Luther Martin say about Slavery?

"It is incosistent with the principles of the revolution.

What were the four major goals of the framers of the constitution?

1. to establish a government strong enough to meet the nations needs-such as power to build defense and commerce. 2. To establish a government that would not threaten the existance of the separate states-federalism and connected to elections. 3. To establish a govermnet that would not threaten liberty-elaborate checks and balances. 4. To establish a government based on popular consent- direct and indirect election of public officials.

What was the three-Fifths Compromise?

A comprimise worked out at the 1787 convention between northern states and southern states. Each slave was to be counted as thre-fifths of a person for pourposes of federal taxtion and congressional apportionment (number of seats in the house of representatives.)

What was the Virgina Plan?

A constitutional proposal for a strong congress with two chambers, both of which wold be bassed on numerical repressentation, thus granting more power to the large states.

Define Primary election

A form of election i which voters choose a party's nominees for public office. in most states, eligibility to vote in a party's primary election is limited to voters who are registered members of the party.

DEFINE A REPUBLIC.

A form of government in which the peoples representatives devide policy through institutions structured in wats that foster deliberation, slow the process of decision making and operate within restraints that protect individual liberty. to the framers, the constitutions separation of powers and other limits on power were defining features of a republican form of government, as oposed to a democratic form, which places no limits on the majority.

define Democracy

A form of government in which the power of the majority is unlimited, whether exercised directly or through a representative body.

Limited Government

A government that is subject to strict limits on its lawful uses of power and, hence, on its ability to deprive people of their liberty.

Define a Social Contract.

A voluntary agreement by individuals to form a government, which is then obligated to act within the confines of the agreement.

What kind of government did James Adams foster under his presidency?

Adams publicically noted that the constitution was designed for a governing elite and he aknowledged that he might use ofrce to suppress the poor ruley people. He kept the common folk out of government.

What made Virgina and New York finnaly ratify the constitution?

After the federalist promised they would support changing the constitution to include a bill of rights.

define the electoral college.

An unofficial term that refers to the electors who cast the states electoral votes.

Explain the reason for the outbreak of Shay's Rebellion.

During the revolutionary wa, farmers were promised that their land would not be confiscated for unpaid debts and taxes. They would also recieve additional pay to help restart the harvest. However, Congress had run out of money during the war and could not fulfill these promises. Many farmers land was confiscated and farmers were thrown in jail because of their unpayed debts. Shay, a former captian int he American Militia began a rebellion in massechusetts.

Define trustees.

Elected representatives whose obligation is to act in accordance with their own consciences as to what policies are in the best interests of the public. This was an idea first proposed by Edmund Burke.

What did CHarles S Beard argue about the constitution in his book An Economic Interpertatation of the Constitution?

He argued that the constitution favored and was written to protect and cradel the wealthy and well connected.

How many powers were given to the Fed Gov?

In article 1, section 8 of the constitutuion congress was given 17 powers. any powers not listed were inversly denied.

What were some of the effects of the Articles of Confederation?

In order to hold a standing army Congress needed $12million from the states, but it had to fundraise and it only aquired $3million. This forced congress to sell navey ships and reduce the military to one thousand troops. It also furthered state competetivness and division. Coneticut actually placed high terriffs on products for Massachusetts and lowered them for products from England. New Hampshire, who operated independently, established its own Navey to defend its eighteen mile coastline.

What idea did Jackson urge for the states to adopt conserning elections.

Jackson urged the states to give their electoral votes to the canidate who won the popular vote.

what two presidencies changed the notion that the poor could not get involved in politics?

Jefferson and Jackson.

Who wrote, "It is a melancholy reflection, that liberty should be equally exposed to danger whether the governent has too much or too little power."

Letter from James Madison to Tomas Jefferson

Explain the Marury vs Madison ruling

Madison was ordered by Adams, at the end of Adams term, to not send out the commisions because he wouldn't have the time in office to approve them all. Marbury was not happy that he did not get his commission so he asked the Supreeme court to sue Madison. In the end, the marbury "commission" was voided.

Who said, "I am convinced, that members of congress will become the natural aristocracy of the country... the governemnt will fall into the hands of the few and the great. This will be a government of repression."

Melancton Smith.

Was Jefferson in support of Slavery?

No, Although Jefferson held a few slaves, he was not in support of it. In the Declaration of Independence Jefferson actually mad a critical statement avout slavery which had to be removed.

What events lead to the Boston Tea Party?

Parliment repealed teh Townshend Act but still taxed tea heavily. Most Americans believed that parliment should not tax the colonies at all, unless the colonies agree to them. So in December 1773 men boarded an english tea ship and dumped all of the tea into the harbor.

What happened to Pennsylvania when it did not adopt a system of checks and balances?

Pennsylvania's legislature was run by a "action" which disenfranchised Quakers, arrested americans who opposed the Revolutionary war, and emilinated the Jury's role in the trial.

Who were the three presidents who did not win the popular vote but won the electoral vote?

Rutherford B. Hayes, Benjamin Harrison, and George W. Bush.

What is the conflict between Limited Government and Self-government?

Self-government gives power to the majority and the people, however limited government limits majority rule when it could infring on the legitimate rights and interest of the minority and the nation.

What event put Britian in such a financial crisis that it had to levy the Stamp Tax on the colonies?

The French and Indian War (1754-1763), which aimed to push the french out of the wester colonies, was a long, bloody, and expensive war. Because the war was waged for the welfare of the colonies, it made sence to parliment to levy a tax on them inorder to pay off the debts of war. So they passed the stamp act, a bill that imposed taxes on news papers and buisness documents.

Why did the government agree to only tax imports and not exports?

The Southern economy was almost dependent on foriegn trade and exporting produced goods. Passing a bill that would tax both imports and exports would favor northern states and economically hurt southerners. So they came to a comprimise and taxed only imports, not exports.

Describe the Great Comprimise.

The agreement at the constitutional convention to creat a two-chambered Congress with the House apportioned by population and the senate apportioned equally by state.

What made parliment repeal the Stamp Act? What Act did they pass afterwards?

The colonialist oposed the stamp act, stating, "no taxation without representation," The outcry from the colonies made parliment replace the act with the Townshend Act which taxed, glass, paper, tea, and lead.

What did the delegetes do to make the constitution/ ratification process for the Constitution?

The delgates established their own ratification process where if 9 out of the 13 states accepted the document, then it was law.`

Define Checks and Balances

The elaborate system of divided spheres of authority provided by the US constitiution as a means of controlling the power of government, the separation of powersamoung the branches of the national government, federalism, and the different methods of selecting national officers are all parts of this system.

Define Bill of Rights

The first ten amendment sto the constitution. they include the rights of freedom of speech adn religion.

Define the constitution.

The fundamental law that defines how a government will legitamately operate. A method for choosing leaders, the institutions through whcih these leaders will work, the procedures they must follow in makeing policy, and the poer they can lawfully exercise.

Define Grants of power

The method of limiting the U.S. government by confining its scope of authority to those powers expressly granted in the constitution.

Define electoral votes.

The method of voting used to choose the US president. each state has the same nuber of electoral votes as it has members in congress. by tradition, electoral voting is tied to a states popular voting, the candidate with the most popular votes in a state recieves its electoral votes.

Define Tranny of the Majority

The potential of a majority to monopolizepower for its own gain to the detriment of minority rights and interests.

Define Liberty

The principle that individuals should be free to act and think as they choose, provided they do not infringe unreasonably on the freedom and well-being of others.

Self-government

The principle that the people are the ultumate source and should have a voice in their governing. (In practice, self-government has come to mean a government based on majority rule.)

Define the Separated Institutions Sharing Power

The principle that, as a way to limit government, its powers should be divided among separate branches, each of which also shares in the power of the others as a means of checking and balancing them. the result is that no one branch can excersise power decisively without the support or acquiescence of the others.

What caused Washington to met with the leaders of Virginia and Maryland?

There had been an commercial conflict over the Potomac River, so they wanted to secure a agreement. However the Articles of Confederation prevented them from settling the conflict so they called an annapolis Convention to ammend the Articles.

Why did the Anti-federalist want a bill of rights so much?

They claimed that the national government had too much power under the constitution and therefore, without a bill of rights, would abuse the power by abusing the citizens and states rights. Partrick Henry said that, "without a Bill of Rights, without check, limmintation or control." and that "the necessity of a bill of rights appears to be greter in this government than ever it was in any government before.

What did kind of government did the Articles of Confederation institute?

They created a weak national government that was underneath the power of the individual states. It instituted a congress which had one representative from each state. Congress could not interfere with trade, levy taxes, or interfere with state relations. Congress needed 9 out of 13 votes in favor to pass a law or bill.

What were the demands of the Colonies to King George the III?

They demanded their own councils which could levy taxes, the british military leaves, and their own courts and judges so that trials could be held in the colonies.

What was the New Jersey Plan?

This plan called for a government, still run by the articles of confederation. It would still have one chamber, but the government would have power to tac and regualte commerce.

What is "the shot heard round the world"?

This refers to the first battle of the revolutionary war. British military and colonalist minutemen meet at Lexington and Concord and eight colonist died at the hand of the British.

Define Inalienable Rights or Natural Rights

Thos rights that paersons theoretically possess in the state of nature, prior ro the formation of governments. these rights, including those of life, liberty, and property, are considered inherent and as such are inalienable. Since government is established by people, government has the responsicbility to preserve/ protect these rights.

How and why were US senators elected?

US senators are appointed by the legislatures of the states they represented so they woun't be so easily swayed by the majority. But this also provided indirect representation where the people elected the legislatures and the legislatures elected the senators.

Define and give an example of denial of power.

a constatutional means of limiting governement by listing those powers that governemtn is expressly prohibited from using. For example in england the king could throw political adversaries in prision indefinatally for no reason. The constitution, however, granted habeas corpus for all who are acused of anything.

define Constitutional democratic republic.

a government that is constituiton in its provisions for miority rights and rule by law; democratic in its provisions for majority influence through elections; and a republic in its mix of deliberative institutions, which check and balance each other.

Define Anti-federalist.

a term used to describe opponets of the constitution durignt he deabte over ratification.

Define delegates.

elected representatives whose obligation is to act in accordance with the expressed wishes of the people they represent.

Who were the federalists?

proponents of the constitution during the debate over the ratification, including Madison and Hamilton.

Why did the colonist feel a sense of freedom that people living in England did not?

the colonies and england were seperated by the vast alantic ocean, so natrually, the colonialist felt part of an different "nation". Because of the expanse of land, and the leiniant rules, the people experienced personal liberty and had property ownership rights that no one, except nobility, could enjoy.

define separation of powers.

the dividion of the powers of government amoung separate institutions or branches , an idea first argued by Montesquieu.

Define judical review.

the power of courts to decide wherter a governmental institution has acted within its constitutional powers and if not, to declare its action null and void.

What did the delegates argue against the ratification the bill of rights?

they argued that a bill of rights would open the door for government to disregaurd any rights not listed in the document or that arise in the future.