History
BOR
1. freedom of speech 2. freedom of religion 3. freedom of press 4. right to assemble 5. right to petition right to bear arms the govt can't force you to house soldiers during times of peace 1. to have a trial you must have an indictments from grand jury (presents evidence) 2. no double jeopardy (no two courts) 3. Cannot be forced to testify against yourself 4. do process of law (govt can't lock your for no reason) 5. govt can take your property of they pay 1. right to a speedy and public trial 2. right to trial by jury 3. right to know crimes you are accused of 4. prosecutions must present witnesses and lawyer can question them 5. right to force people to be witnesses in your favor 6. right to a lawyer Right to jury in civil trials. No cruel or unusual punishment/ excessive bail Citizens entitled to rights not listed in the Constitution states have more rights then what is stated in constitution
how many senators does each state have
2 Elizabeth Warren and Ed Markey.
george washington
22 year old officier, commander of continental army. During such a difficult and challenging time, Washington showed tremendous leadership to keep his army together and in tact. One trait Washington possessed was determination. As many people informed Washington on the difficult task that was of crossing the Delaware River, he never once doubted himself. Washington was eager to get the supplies and men they needed to bring their army back up to victory. At one point he mentions that the ice on the river had nothing on his men. Washington also displayed a trait of sternness. He gave no leeway to General Lee when his men were captured. On occasion he would also remind his men of their failures in hopes of preventing his men from wanting that to occur again. Lastly, Washington's confidence was the key factor in making the Continental Army successful. Without it, the army would not take risks to give them success. Also Washington's confidence gave hope to the Continental Army when their moral was low.
republic
A form of government in which citizens choose their leaders by voting. The romans had a roman republic where the Romans governed themselves without a king. The common people and aristocrats shared the power to govern. The people choose leaders to make and administer laws. Roman leaders would promote common welfare above their selfish needs. laws were fair and people had more freedom living secure lives.
samuel adams
A founder of the Sons of Liberty who was a powerful and influential leader. He lead many protests against the British. Sam Adams helped organize revolts such as the Boston Tea Party
Democracy
A political system in which the supreme power lies in a body of citizens who can elect people to represent them. Ancient Athens had a direct democracy, or a government in which all citizens vote on rules and laws. Any citizens could attend the assembly and vote on these laws by a majority rules. Citizens consisted of white males only.
intolerable acts
A series of laws passed in 1774 to punish Boston for the Tea Party. In response to the Boston Tea Party, 4 acts were passed in 1774. The Port of Boston closed, reduced power of assemblies in colonies, permitted royal officers to search private homes and barns, and thomas gage became the governor of Massachusetts putting Boston under martial law. The intolerable acts united the colonies so they had a strong resilience against the British and to have a strong enough effect.
state of nature
A situation where there is no government or laws
federalism
A system of government that divides power between the national government and state government. Consisted on reserved, delegated, and concurrent powers.
Montesquieu
According to Montesquieu, the powers of government should be separated into branches. Each branch would represent a specific ideal in society. Montesquieu believed that each branch should all share the same amount of power, being equal. In doing so, the branches were not capable of using the government for their own selfish needs if a system of checks and balances were set in place. The idea of having three branches of government where one could not be more powerful than the other, leading to the common welfare being promoted. Montesquieu's ideas and beliefs about the separation of powers in the government was highly important because the government could not be controlled by one branch, causing biased and unfair rule to the people of the nation.
how did french and indian war end
After the British defeated the french and their commander on the plains of Abraham (quebec), the 7 year war ended with the treaty of paris. This said the great Britain got all the land east of the Mississippi river leaving France with none. Spain had received Frances land west of the Mississippi river. The British were left with a large amount of land. The natives feared that the British crossing the Appalachian mountains would take away the game they depended on for survival. Pontiac noticed this and captured 8 British forts in the Ohio river valley and seized 2 others. British officers presented smallpox infected blankets to Delaware chiefs and the disease spread rapidly weakening the natives. To avoid conflict with the natives the British issued the proclamation of 1763 which banned all settlement west of the Appalachians.
how revolutionary war started
After the French and Indian War, Great Britain was in severe debt. To help lower the debt, King George 111 appointed George Grenville to be prime minister. He prompted Parliament to enact the Sugar Act. The Sugar Act halved the tax on foreign made molasses in hopes that it would decrease smuggling. It also placed duties on certain imports. Lastly it enforced smuggling cases to be sent to vice admiralty courts which were run by British officials with no jury. Colonists would also have to travel all the way back to England. After these laws were enforced. The colonists feel extremely unhappy with Parliament which would lead to rebellion.
loyalists
American colonists who remained loyal to Britain and opposed the war for independence. Composed of ordinary people with modest means, people who lived far away from city and knew little about events, people who thought british were going to win, people who thought the crown would protect their rights, native americans, african americans
patriot
American colonists who were determined to fight the British until American independence was won. Composed of farmers, artisans, merchants, landowners, elected officials, quakers, and african americans.
Delegates to the Constitutional Convention
Ben Franklin was a delegate from Pennsylvania and also the oldest delegate at the Constitutional Convention. Ben Franklin's role at the convention was to encourage delegates to compromise and reach agreements when there were differences in opinions. James Madison was a delegate from Virginia and sometimes called the father of the Constitution. He went to the convention with a plan for a stronger government known as the Virginia Plan. He kept a journal of everything that happened at the Constitution. Alexander Hamilton was a delegate from New York. He served with George Washington in the Continental ARmy during the Revolutionary war. He believed a strong national government was necessary for the good of the nation. George Washington was a delegate from Virginia. He was the president of the convention because many of the delegates looked up to him. He believed a strong national government was necessary for the government to survive in the future.
join or die
Ben Franklin's join or die poster was drawn to encourage the British colonies to unite against the French and Indian forces. There was a superstition that a sliced snake would retrieve the pieces of its body by sunset. This influences the colonies to come together and unite quickly or else they will fall to the forces.
sons of liberty
Bost shopkeepers, artisans, and laborers organized a secret resistance group called the Sons of liberty. They lead many riots and protests against the British as well as harassing stamp act agents and governors. The founder was Sam Adams.
economic effect of F&I war
Britain suffered severe debt after the war so king George lll chose George Greenville to be prime minister. Grenville prompted parliament to enact the Sugar Act which would begin to tax colonists in attempt to earn back the debt they created.
balance of power shift
Critical Content: The Treaty of Paris which ended the French and Indian War changed the balance of power in North America. This led to changes in the American Indian trade policy that adversely affected the American Indians. Many of them united under Pontiac to fight the British as a result of these changes. Policy-makers in Great Britain were astonished at the number of American Indian victories. Without the threat of the French many British colonial settlers moved across the Allegheny Mountains. This broke an earlier treaty with the American Indians and caused conflict between the two groups. To settle troubles with the American Indians the British policy-makers in London decided to draw a line down the Appalachian Mountains and reserve the land between the line and the Mississippi River for the American Indians. This action angered many British colonists.
daniel shays
Due to the United States being in debt after the Revolutionary War, Shays did not get paid the full amount he was supposed to get paid. Farmers like Shays struggled to sell their crops and could not pay the high taxes. Due to this, Shays was sent to debtors prison and lost his land and possessions. Shays was outraged and wanted rebellion so he gathered a couple hundred farmers and they all signed a petition to protest. Together the farmers occupied court houses and closed them by force. Militia men began to gather so farmers feared them and developed a plan to attack the arsenals where weapons were held. Daniel Shays risked his life to defend the farmers in the United States against losing their land to the weak government.
stamp act
Established in 1765; law that taxed printed goods, including: playing cards, documents, newspapers, dice etc. Placed because the British were in debt from French and Indian War.
preamble
Establishing justice is when people want an unbiased and fair nation. All people are to be ruled by the law of the country to protect them. Our court system applies justice fairly. Insure domestic tranquility means to ensure that peace, calmness, and law and order remain in the country. An example is having police and fbi to defend the population and keep citizens property safe. The common defense provides international peace and avoids war with them. Our nation has diplomats trying to keep peace. We also have an army and navy. Promoting the general welfare focuses on promoting a healthy and moral society. We have programs to defeat poverty and provide food to those in need. The government does this by providing medicare. Securing the blessings of liberty is freedom from an overpowering government and unjust treatment. This is shown when there is no tuition for education.
parliament
Formed in 1258 because nobles forced King Henry 111 to create a new council to advise the monarch. It was made of two houses, the house of lords and the house of commons. The house of lords represented the nobles and the house of commons represented the large landowners. In 17th century civil war broke out because royalty, nobility, and commons were fighting for power. The nobles won in 1649. Parliament executed king and by 1688 the parliament had more power than the king
how did french and indian war start
France and Britain were both trying to build a world empire, when France settled in north america they claimed the Ohio river valley that gave them access to the Mississippi river and fertile soil. When the french started moving south and the British started moving west, the two clashed. The french had built Fort Duquesne at the point where the allegheny and monongahela rivers joined. George Washington was sent to evict the french at Fort Duquesne. The french counterattacked at George Washington's fort he built (fort necessity) The french then forced Washington to surrender, this was the start of the french and indian war.
stamp act
George Grenville also enacted the stamp act which required colonists to purchase a stamped paper for legal documents, licenses, newspaper almanac, dice, and playing cards. colonists who disobeyed paying these taxes would be tried in vice-admiralty courts. Colonists reacted to this by uniting in a group called the sons of liberty which was founded by Samuel adams. The sons of liberty would harass workers, governor official, and stamp agents with mob threats. Individual colonies took their own stand as well (virginia) Merchants began to not import goods from Britain which lead parliament to end the stamp act but the issued the declaratory act saying parliament could make laws.
hobbes
Hobbes believed that the only true and correct form of government was the absolute monarchy. Hobbes originated this idea from his philosophy that all people are born selfish. Hobbes defines contract as "the mutual transferring of right." In the state of nature, everyone has the right to everything - there are no limits to the right of natural liberty. The social contract is the agreement by which individuals mutually transfer their natural right. Hobbes believed in separation of powers and popular sovereignty.
why do we have fourth amendment
In response, King George began the use of the conveniently worded "writs of assistance." These were legal search warrants that were extremely broad and general in scope. British agents could obtain a writ of assistance to search any property they believed might contain contraband goods. They could actually enter someone's property or home with no notice and without any reason. Agents could interrogate anyone about their use of custom goods and force cooperation of any person. These types of searches and seizures became an egregious affront to the people of the colonies.
magna carta effect on monarchy
It sought to prevent the king from exploiting his power, and placed limits of royal authority by establishing law as a power in itself.
james madison
James Madison was one of the leading federalists who took part in writing the Federalists Papers which was, 85 essays defending the constitution that appeared in new york papers.
john adams
John Adams' was apart of the second continental congress. He suggested that all the colonies set up their own government and the colonies could deb declared independent. He also wanted to declare the militiamen in boston the continental army and appoint a general to lead them.
john locke
John Locke believed that all people were born with natural rights of life, liberty, and property. If a ruler of government violated these rights the people could overthrow the government. He thought state of nature was when there was no government or laws.
natural rights
Life, liberty, and property
social contract
Locke believed people should consent to follow laws in exchange for protection of their natural rights. This agreement is a social compact or contract. The first social contract of the United States was the Mayflower Compact.
The house of Rep
Minimum age of 25, required to be a citizen for 7 years, must live in the states in which elected, the term of office is 2 years, and the number of members in the house is 435 people.
Senate
Minimum age requirement is 30, must be a citizen for 9 years, must live in the states in which elected, term of office is 6 years, and there are 100 members in the senate
rule at the convention
One of the most important rules at the Constitutional Convention was to keep the doors and windows closed so that the public could not hear the conversation. meeting of delegates in 1787 to revise the Articles of Confederation after news of shays rebellion spread. Delegates from every state except rhode island went to the Pennsylvania state house (55 of them) and discussed information in secrecy. It was kept in secrecy because the delegates wanted to freely speak their minds without press listening and publishing their debate.
weaknesses of AOC
Political issues: the govt had no executive branch to carry out the laws and had no court system to interpret the laws. Also each stated only had one vote no matter the population. Lastly all the states needed to agree for the articles to be amended Economic issues: The nation was in debt from the Revolutionary War but congress was too weak to tax. Creditors and debaters disagreed on weather to increase money supply or keep it the same. Foreign Relations: The US couldn't pay its debt to british merchants and couldn't compensate loyalists for property loss. The British would not remove its military forts. Spain also closed the Mississippi river so western farmers could not ship their crops.
Principles of Government
Popular sovereignty is the principle that the authority of a state and its government are created and sustained by the consent of its people, through their elected representatives (Rule by the People), who are the source of all political power. Separation of powers is a doctrine of constitutional law under which the three branches of government (executive, legislative, and judicial) are kept separate. This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches. Limited powers of government is when a government's power is restricted by laws. Checks and balances is a system that allows each branch of a government to amend or veto acts of another branch so as to prevent any one branch from exerting too much power. Federalisms is a type of government in which the power is divided between the national government and other governmental units. It contrasts with a unitary government, in which a central authority holds the power, and a confederation, in which states, for example, are clearly dominant.
treaty of paris
Representatives from united states, great britain, france and spain, joined together to make negotiations with each nation looking out for its own interests. John Adams, Ben Franklin, and John Jay demanded that british recognize the united states as independent before any further negotiations. The delegates signed the treaty of paris in 1785 which confirmed united states independence and set boundaries of the new nation. the United States directed from canada to florida and from the Atlantic ocean to the mississippi river. The british made no effort to protect the land of form native allies and the treaty did not specify when the british would remove their forts. Americans agreed the british could collect debts owed them by americans and allowed loyalists to sue in state courts for recovery of their lose. the state government failed to honor this.
what does BOR do to power of govt
The Bill of Rights consists of 10 amendments that explicitly guarantee certain rights and protections to US citizens by limiting the power of the federal government. The First Amendment prevents the government from interfering with the freedoms of speech, peaceable assembly, and exercise of religion.
English Bill of Rights
The Bill of Rights was passed in 1689. The monarch could not 1. collect taxes without parliament's consent 2. interfere with free speech and debate in parliament 3. maintain army in time of peace 4. convict cruel and harsh punishment 5. declare laws made by parliament should not be obeyed
conditions after revolutionary war
The Confederation Congress had to power or control over foreign and interstate trade. The US was still in severe debt after the Revolutionary War. Creditors were lenders of money while debtors were borrowers of money. Wealthy creditors were in favor of high taxes so they could get their money back but the high tax put poor farmers into debt. The farmers who could not pay the high taxes were being brought to court by creditors. The farmers would lose their land and livestock. Debaters wanted to increase the supply of paper money so they could lessen the value and pay their debt with cheap money. Creditors wanted to keep the supply of money low so money would keep its full value Britain would not evacuate their forts out of the US because the United States could not pay back British merchants and give money to loyalists who lost their land. Spain also closed the Mississippi river to American navigation. Western farmers could not ship their crops to Eastern markets. Congress was too weak to resolve the problems with Spain.
how does the electoral college work
The Electoral College vote totals determine the winner, not the statistical plurality or majority a candidate may have in the national popular vote totals. Electoral votes are awarded on the basis of the popular vote in each state. The president wants to win the popular vote in large states because then electors of the large states will vote for the president. A majority of 270 electoral votes is required to elect the President. What happens if no presidential candidate gets 270 electoral votes? ... A candidate must receive at least 26 votes (a majority of the States) to be elected. The Senate elects the Vice President from the 2 Vice Presidential candidates with the most electoral votes. Each Senator casts one vote for Vice President. The Electoral College was created for two reasons. The first purpose was to create a buffer between the population and the selection of a President. ... The founding fathers were afraid of direct election to the Presidency. They feared a tyrant could manipulate public opinion and come to power.
federalists papers
The Federalists Papers were 85 essays defending the constitution that appeared in new york papers. They were designed to sway the minds of anti-federalists. Written by James Madison, John Jay, Alexander Hamilton
proclamation of 1763
The antive americans feared the growing number of british settlers coming into their land. Under Pontiac, the native americans captures eight forts of the British. The British were angry and spread smallpox among the native americans. To avoid any more costly conflicts with the Native Americans, a proclamation from the British government which forbade British colonists from settling west of the Appalachian Mountains.
how does a bill become a law
The bill first goes to a committee. The committee can pass the bill, kill the bill, or pass it with an amendment. The house then debates the bill. They then vote on it and need a majority vote by the Senate. The bill must pass the house and senate to be sent to the president. The president can sign the bill in which is becomes a law or they can veto it. If the bill is vetoed by the president, the house and senate can override the veto by a 2/3s vote. The bill then becomes a law.
colonist and parliament opposing views
The colonists believed that Parliament should not have the right to tax the colonists since the colonies had no representation in Parliament. Parliament believed the opposite and that they did have the right to tax the colonies. Also, Parliament believed it had legal authority in the colonies, while the colonists believed their local assemblies had legal authority.
thomas jefferson
The congress appointed a committee to prepare a formal declaration of explaining the reasons for the colonies actions. A virginia lawyer, Thomas Jefferson, was chosen to express the committees points. Thomas Jefferson drew of John Locke's concepts such as natural rights and the consent of the governed. He stated how the british king violated the natural rights of americans He also wrote the famous words that all men are created equal. This was not meant to embrace women, african american slaves, or native americans. It meant that free citizens were political equal. Jefferson also wrote in a rough draft an attack on the cruelty of the slave trade. South Carolina and Georgia declined this so it was taken out. On july 2 1776 the delegates voted unanimously that the colonies were free and on july 4 they adopted the declaration of independence.
Mayflower Compact
The connection between this document and the political philosophy of John Locke is that the document puts a great emphasis on self government and the idea that a group of people can keep order without the need of an absolute ruler. The document discussed how the group of people are coming together to make a civil body politic, to help them maintain order and preservation of the new society. The Mayflower Compact was a set of rules for self-governance established by the English settlers who traveled to the New World on the Mayflower. It was the first social compact. Temporary set of laws signed by 41 men.
national supremacy
The constitution is the highest law of the land. Now laws federal or state can contradict what is in the constitution. Anything contradicting the constitution id null and void. The Supreme Court gets the final interpretation of the constitution as per marbury vs madison.
Ratifying the Constitution
The founding fathers came up with two ways to ratify the Constitution. The delegates asked that the constitution be sent to the states constitutional conventions for approval. This guaranteed that the people would decide the fate of the constitution not the state governments. Secondly 9 out of the 13 states had to ratify the constitution. this enabled one or two states to disagree but not stop the constitution from being adopted. Madison, Hamilton, and John Jay wrote the federalists which was 85 essays defending the constitutions that appeared in new york papers. It was an explanation of constitutional provisions: separation of powers. Answered many questions of citizens who opposed the constitution. This was written to persuade antifederalists. the Massachusetts convention proposed that a bill of rights be added to the constitution. This was because the federalists might have never won the fight to ratify it. The fight would b much less difficult because of the BOR was added, antifederalists agreed to ratify the constitution.
strengths of AOC
The government established the land ordinance which divided western lands into 36 mile townships. Anyone could purchase a 1 mile section. The northwest ordinance stated how the territories could become states.Each states came in equal to the other 13 colonies and slavery was prohibited.
important compromises at constitutional convention
The large states proposed the Virginia Plan. James Madison was responsible for this plan. The Virginia Plan offered a bicemercial. This was a two house legislature that contained members based on population. Voters would elect members of the lower house who would then elect members of the upper house. The smaller states proposed the New Jersey plan. William Paterson was responsible for this plan. The New Jersey plan offered a single house congress where each states had an equal vote. The Great Compromise was advocated by Roger Sherman. The Great COmpromise proposed a 2 house congress. Each state would have equal representation in the senate and representation in the house was based on population. The Northern states population included much less slavs. They did not want slaves to count in the population because Norther states would have more representatives in the house than southern states. The Northern states feared the southern states becoming more powerful. The southern states on the other hand wanted slaves to count in the population because they would have more representatives in the house than northern states. The delegates at the convention came to the 3/5ths compromise. Only 3/5ths of the states slaves would be counted in the population. This settled the political issue. Slaveholders worried that congress regulating the slave trade. Due to this congress would not interfere with the slave trade for 20 years. Congress could only regulate trade.
article 1
The main focus of article one is the Legislative branch. The main role of the Legislative branch is to make and pass laws. The Legislative branch consists of the House of Representatives and the Senate. The two houses are called congress. The three powers of congress are to lay taxes, borrow money, and provide common defense.
Who presides over the Senate?
The president pro tempore presides over the senate. Currently, the president pro tempore is Charles Grassey.
Purpose of Government
The purpose of government is to avoid a state of nature where people have the freedom to do whatever they want but their rights are not protected. With a government and social compact, the natural rights of citizens can be protected. Government will keep order and well being within the country as well as preserve the freedom of citizens.
declaration of independence
The second continental congress appointed a committee to draft the Declaration of Independence. It was a statement that explained why the colonies wanted independence from Britain. Thomas Jefferson drew of John Locke's concepts such as natural rights and the consent of the governed. The natural rights he listed were life, liberty, and the pursuit of happiness. He stated how the british king violated the natural rights of americans He also wrote the famous words that all men are created equal. This was not meant to embrace women, african american slaves, or native americans. It meant that free citizens were political equal. Jefferson also wrote in a rough draft an attack on the cruelty of the slave trade. South Carolina and Georgia declined this so it was taken out. On july 2 1776 the delegates voted unanimously that the colonies were free and on july 4 they adopted the declaration of independence.
judicial review
The supreme court (judicial branch) can look at laws passed by congress (legislative branch) and decide if they are legal and constitutional.
townshend act
The townshend acts was indirect taxes on imported goods such as tea, glass, and paper. Colonists protested taxation without representation. They would boycott british goods and women would stop buying british luxurious and make their own clothing. They also made their own tea. The british stationed 20,000 redcoats in Boston after john haycocks ship was searched and he was convicted of smuggling
boston massacre
There was a competition for jobs between colonists and poorly paid soldiers during their off duty time. A fist fight broke out on March 5th over a job. Mobs gathered outside the Customs House and taunted the guards. The b=British then attacked "defenseless citizens." One of Paul Reveres most famous work was his painting depicting propaganda of the Boston massacre. In his painting the sign where the massacre is shown to be placed outside of is labeled "Butchers Hall" but it was located outside the Customs House. This is done to show the evil and slaughtering of innocent people. The British commander, Captain Prescottis shown to be demanding his troops to fire but in fact he was trying to calm the situation. Lastly there was a dog shown licking the blood of the victims but there was no dog on the sight. The colonies were forced to unite against Great Britain after this incident and for example comae together in the Committee of Correspondence
thomas paine
Thomas Paine wrote an anonymous 50 page pamphlet explaining his revolt against the king. Paine said it was time for the colonists to proclaim an independent republic. Paine said independence would give Americans a chance to create a better society. nearly 5000000 copies were sold changing the minds of many. Common Sense was a pamphlet written by Thomas Paine that claimed the colonies had a right to be an independent nation.
Magna Carta
When King John was serving his reign, he tried to strip the nobility of their rights that they get from the king. In 1215, King John was forced to sign the Magna Carta or also known as the Great Charter. The Magna Carta stated that the nobles would obey the king in return for the protection of their rights. The Magna Carta expressed two important ideas. The first idea being that the government is based on a contract where the people agree to be ruled. The Magna Carta displayed this agreement between the king and the nobility. The contract between the government and the people show that the two must be in agreement by meeting their requirements. King John must protect the nobility's rights and the nobility must obey the king's laws. The Magna Carta also revealed the idea of the rule of law which shows that both the authority and people of the nation must obey the law. King John could not break the law and deprive the nobility of their rights, and if so the nobility had the right to overthrow the king.
shays rebellion
a series of protests in 1786 and 1787 by American farmers against state and local enforcement of tax collections and judgments for debt. Caused panic and dismay throughout the nation. This was important because it got congress talking about a stronger national government because it was too weak. Convention were then called for to discuss these issues.
The factor determining the number of members in the House of Representatives
population of states. California has the most members in the house.
The main officer in the house of representative
speaker of the house. The current speaker of the house is Nancy Pelosi.