U.S. Government: Chapter 2

Ratification

*By special convention *Got around state legislatures *Delaware first to approve, Pennsylvania second *New Hampshire made it official, ninth *New York and Virginia critical, not being among the firsts to ratify the Constitution is ironic because writers of Federalist Papers, etc were from here *North Carolina and Rhode Island hold out, irrelevant

anti-federalists

*Opposed Constitution *No protection for civil rights *States' power would weaken * small farmers, shopkeepers, laborers * strong state government *weak national government *direct election of officials *shorter terms * rule by the common man *strengthened protections for individual liberties.

federalists

*Supported the Constitution *Federalist Papers- Alexander Hamilton, James Madison, John Jay *large landowners, wealthy merchants, professionals *weaker state governments *strong national government *indirect election of officials *longer terms *government by the elite *expected few violations of individual liberties

Constitution

A nation's basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. Constitutions can be either written or unwritten.

mortgage foreclosures

A postwar depression had left many small farmers unable to pay their debts and threatened them with __________ ___________.

Shay's Rebellion

A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

PROPERTY

According to John Locke, "The supreme power cannot take from any man any part of his ___________ w/ out his consent"

CONSENT OF THE GOVERNED LIMITED GOVERMENT

According to John Locke, Government must be built on the ___________ _____ _____________; the people must agree on who their ruler will be and also a __________ __________; there must be clear restrictions on what rulers can do.

natural rights standing

According to John Locke, Governments must protect ___________ __________. Provide ______ laws so that people know in advance whether their acts will be acceptable.

REVOLT

According to John Locke, People have a right to _________ against a government that no longer has their consent.

PROPERTY

According to John Locke, Preservation of ________ was the principle purpose of the government

LAWS OF NATURE

According to John Locke, people existed in a state of nature, in which they were governed not by formal laws but by the ________ ________ ______________ - laws determined by people's innate moral sense

PROPERTY

According to John Locke, provided natural rights including LIFE, LIBERTY, AND ________

checks and balances

Because powers were not completely separate, each branch required the consent of the others for many of its actions. This created a system of _________ and ____________ that reflected Madison's goal of setting power against power to constrain government actions. He reasoned that if a faction seized one institution, it still could not damage the whole system. The system of checks and balances was an elaborate and delicate creation. The president checks Congress by holding veto power; Congress, in turn, holds the purse strings of government and must approve presidential nominations. Presidents could nominate judges, but their confirmation by the Senate was required. The Supreme Court itself, in Marbury v. Madison (1803), asserted its power to check the other branches through judicial review: the right to hold actions of the other two branches unconstitutional

Federalists

Ratification of the Constitution was not a foregone conclusion. The ___________, who were largely from the economic elite, supported a strong national government and preferred to insulate public officials from public opinion. Anti-federalists largely from the middle class supported government and direct forms of democracy and they wanted stronger protection of individual liberties than the original Constitution offered. As a result the Federalists promised opposed what became the Bill of Rights.

Anti-Federalists

Opponents of the American Constitution at the time when the states were contemplating its adoption.

democracy elites

Original Constitution created a republic, not a ________ Framers thought _____ should govern Representative democracy allowed Constitution to become more democratic From elitism to pluralism Voting qualifications left up to states 5 amendments have expanded electorate More officials chosen by popular election

Natural rights

Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept of natural rights was central to English philosopher John Locke's theories about government and was widely accepted among America's Founders.

Marbury v. Madison

The 1803 case in which the Supreme Court asserted its right to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress.

1781

The Articles of Confederation adopted by the Continental Congress in 1777 did not go into effect until ____.

55 delegates from 12 states, they were mostly wealthy planters, successful (or once-successful) lawyers and merchants, and men of independent wealth

Who attended the Constitutional Convention?

John Locke (essay)

*The Second Treatise of Civil Government (1689) *Foundation = belief in natural rights *People existed in a state of nature, in which they were governed not by formal laws but by the LAWS OF NATURE- laws determined by people's innate moral sense *provided natural rights including LIFE, LIBERTY, AND PROPERTY *Could even justify a challenge to the rule of a tyrannical king because it was superior to man-made law. *Government must be built on the consent of the governed; the people must agree on who their ruler will be and also a limited government; there must be clear restrictions on what rulers can do. *Governments must protect natural rights. Provide standing laws so that people know in advance whether their acts will be acceptable. *"The supreme power cannot take from any man any part of his property w/ out his consent" * Preservation of property was the principle purpose of the government *People have a right to revolt against a government that no longer has their consent.

Federalist Papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.

Equal Rights Amendment

A constitutional amendment passed by Congress in 1972 stating that "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." The amendment failed to acquire the necessary support from three-fourths of the state legislatures.

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

Separation of Powers

A feature of the Constitution that requires each of the three branches of government—executive, legislative, and judicial—to be relatively independent of the others so that one cannot control the others. Power is shared among these three institutions.

republic

A form of government in which the people select representatives to govern them and make laws.

legislature

A group of people who have the power to make laws

British farmers + artisans

Colonies being apart of the _________ Empire, the King + Parliament govern America's foreign policy + trade. Commercial regulations irritated colonial shippers, planters, land speculators, and merchants and little influence on self-employed ________ or ____________.

states

Conflicts over equality led to the Connecticut Compromise, the three-fifths compromise on slavery, and the decision to leave the issue of voting rights to the ______. The greatest inequality of all--that of slavery--was so contentious an issue that the Framers simply avoided addressing it. The Framers, many of whom belonged to the economic elite, believed that the American economy was in shambles and intended to make the national government an economic stabilizer. They also knew that a strong national government would be better able to ensure the nation's security. The specificity of the powers assigned to Congress left no doubt that Congress was to forge national economic policy. Because they believed that the limited government they had constructed would protect freedom, the Framers said little about individual rights in the Constitution. They did, however, take a number of specific steps, including substantially limiting the suspension of the writ of habeas corpus

TAX

Congress had few powers outside maintaining an army + navy, little money to do so too. *Money was requested from the states becuse Congress had no power to ___. *If states refused to send money, Congress did without. *Congress sold off western lands (land east of the Mississippi + west of the states) to speculators, issued securities that sold for less than their face value, or used its own presses to print money that was useless.

commerce

Congress lacked the power to regulate ___________, which inhibited foreign trade and the development of a strong national economy.

Congress given economic power

Congress was to be the chief economic policymaker. It could obtain revenues through taxing and borrowing. By maintaining sound money and guaranteeing payment for the national debt, Congress was to encourage economic enterprise and investment in the United States. The Constitution also allocates to Congress power to build the nation's infrastructure by constructing post offices and roads and to establish standard weights and measures. Equally important was Congress's new ability to regulate interstate and foreign commerce. In sum, the Constitution granted Congress the power to create the conditions within which markets could fl ourish. In addition, the Framers prohibited practices in the states that they viewed as inhibiting economic development, such as maintaining individual state monetary systems, placing duties on imports from other states, and interfering with lawfully contracted debts. Moreover, the states were to respect civil judgments and contracts made in other states, and they were to return runaway slaves to their owners. The Constitution also obligated the new government to repay all the public debts incurred under the Continental Congress and the Articles of Confederation—debts that totaled $54 million.

liberties

Constitution designed to limit government and protect ______ Broad participation possible Effects of separation of powers All groups can be heard Encourages stalemate Effects of checks and balances Gridlock or ineffective policy

Importance of Flexibility

Constitution meant to be flexible Many decisions left up to Congress Flexibility key to survival World's oldest Constitution

Madisonian

Constitutional change formal and informal continues to shape and alter the letter and the spirit of the _________ system. The formal amendment process, requiring supermajorities in both houses of Congress and among the states poses difficult hurdles to overcome. However, judicial interpretation, changing political practices, technology, and the increasing demands on policy makers have also changed the Constitutional system in fundamental ways, providing a valuable flexibility.

Equality Issues Economic Issues Individual Rights Issues

Critical Issues at the Convention Name 3 issues.

● Th e United States has a two-party system (the oldest in the world). ● Abortions through the second trimester of pregnancy (when the fetus cannot live outside the mother's womb) are legal in the United States. ● Members of the electoral college almost always follow the preference of their state's electorate. ● Television influences our political agenda and guides our assessments of candidates and issues. ● Th e president has become the driving force in national policymaking.

Examples of Informal Processes of Constitutional Change

FARMERS ARTISANS

Expanded political participation brought to power a new middle class, which included _______ and _________ who owned small homesteads. With expanded voting privileges, _________ and ________ became a decisive majority in the New York assembly, and the old elite saw its power shrink.

checks and balances

Features of the Constitution that limit government's power by requiring each branch to obtain the consent of the others for its actions, limiting and balancing power among the branches.

factions

Groups such as parties or interest groups, which according to James Madison arose from the unequal distribution of property or wealth and had the potential to cause instability in government.

d

How did Madison seek to avoid tyranny of the majority in the design of the new a government? a. Checks and balances b. Separation of powers c. Representative democracy d. All of the above

White colonists "were freer, more equal, more prosperous, and less burdened w/ cumbersome feudal + monarchical constraints than any other part of mankind.

How was life not bad in the colonies in 18th century standards at the time of the revolution (slaves + indentured servants being major exceptions)?

Articles of Confederation

In 1776, Congress appointed a committee to draw up a plan for a permanent union of the states, the first constitution, ___________ ____ ___________ * established a government dominated by the states * Established a national legislature w/ one house; states could send as many as 7 delegates or as few as 2, but each state had only 1 vote *No president, no national courts, and limited national legislature *feared that a strong central government would become as tyrannical as British rule.

courthouses

In 1786, a small band of farmers in western Massachusetts rebelled at losing their land to creditors. Led by Revolutionary War captain Daniel Shays, this rebellion, called Shays' Rebellion, was a series of armed attacks on ___________ to prevent judges from foreclosing on farms.

WHITE MALE

In Congress, a dramatic increase in democracy and liberty, IF YOU WERE A ___________ _______

Declaration of Independence

In May + June 1776, the Continental Congress began debating resolutions about independence. A committee composed of Thomas Jefferson (Virginia), John Adams (Mass.), Ben Franklin (Penn.), Roger Sherman (Conn.), and Robert Livingston (NY) formed to draft a document to justify the inevitable declaration. July 4, Congress adopted the ________________________, Author Thomas Jefferson

Constutional Convention

In September 1786, a handful of leaders assembled in Annapolis, Maryland, to consider commercial conflicts that had arisen among the states under the Articles of Confederation. Only five states—New York, New Jersey, Delaware, Pennsylvania, and Virginia—were represented at the meeting. Th e delegates decided that a larger meeting and a broader proposal were needed. They therefore issued a call for a full-scale meeting of the states in Philadelphia the following May—in retrospect, a rather bold move by so small a group. The Continental Congress granted their request, however, and called for a meeting of all the states. In May 1787, what we now term the _____________ ________________ got down to business in Philadelphia.

Britain obtained an enormous new territory in North America after the French + Indian War (Seven Years War) ended in 1763.

In order to raise revenue for colonial administration + defense, the British Parliament passed a series of taxes on newspapers, official documents, paper, glass, paint, and tea. Buttttt Why? Britain began tightening enforcement of its trade regulations, designed to benefit the mother country, not the colonists.

1. Judicial Interpretation 2. Changing political practice 3. Technology 4. Increased demands for new policy

List the Informal Processes of Constitutional Change

Both, according to the Connecticut Compromise. States have equal representation in the Senate, but representation in the House is proportionate to population.

Should states be represented equally (the New jersey Plan) or in proportion to their population (the Virginia Plan)?

Finesse the issue. Let the states decide qualifications for voting.

Should the right to vote be based on universal manhood suffrage, or should it be very restricted?

legislatures

State constitutions concentrated power in the ___________ because most people considered ___________ to be closer to the voters than governors or judges. _________ often selected the governors and kept them on a short leash, with brief tenures and limited veto and appointment powers. __________ also overruled court decisions and criticized judges for unpopular decisions. The idea of equality, at least among white males, was driving change throughout the nation.

Articles of Confederation

State-dominated government League of friendship amongst states Unicameral legislature No judiciary No executive No power to tax No power to regulate commerce Feared strong central government

Federalists

Supporters of the U.S. Constitution at the time the states were contemplating its adoption.

weak

The Articles of Confederation established a government dominated by the states, without a permanent executive or national judiciary. A _____ central government could not raise sufficient funds to support a national defense, regulate commerce to encourage trade, protect property rights, or take action without the unanimous consent of the states.

senators

The Constitution did not create a majoritarian democracy. Majorities do not always rule in America. Nevertheless, there has been a gradual democratization of the Constitution as the right to vote has expanded, direct election of the __________ has been instituted, electors have become agents of political parties, and technology has facilitated direct, two way communication between office holders and the public. By protesting individual rights, limiting the ability of the officials to restrict them, the Constitution limits the scope of government. By dispersing power among institutions, it increases the access of interests to government but also allows these interest to check each other and produce a stalemate.

Madisonian

The Founders reconciled majority rule with minority interests by constraining both the majority and the minority. The _______ system did this primarily by dispersing power among separate branches of government, each with a somewhat different constituency, and giving them shared powers so that each branch had a check on the others.

d

The Framers chose a limited government based on a. Checks b. Balances c. Separation of power d. All of the above

a

The Framers chose a system of government called a republic because a. they feared the power of the majority. b. they believed in direct representation. c. they supported a two-party system. d. they wanted to establish the rights of the individual.

private property

The Framers of the Constitution were more educated, wealthy, and urban than most Americans. They shared some core ideas, including that people were self-interested, that the distribution of wealth was the principal source of political conflict, that the main object of government was protecting ___________ __________, and that power should be set against power to balance government.

SEPARATION OF POWERS

The Madisonian scheme provided for a _____________ of _________. Each of the three branches of government—executive (the president), legislative (Congress), and judicial (the courts)—would be relatively independent of one another so that no single branch could control the others.

d

Which of the following is not a personal freedom protected in the original Constitution? a. Right to run for office without religious qualifications b. Right to writ of habeas corpus c. Right to trial by jury d. Right to freedom of speech

House of Representatives

The __________ ____ ________________ has direct control of the votes of the majority. In contrast, state legislatures were to elect senators and special electors were to choose the president; in other words, a small minority, not the people themselves, would elect most government officials. The president was to nominate judges. Even if the majority seized control of the House of Representatives, they still could not enact policies without the agreement of the Senate and the president. The Constitution gave judges lifetime tenure and senators terms of six years, with only one-third elected every two years, compared with the two-year election intervals of all members of the House of Representatives.

American Revolution

The ____________________ _______________ was built on the foundation of belief in natural rights, consent of the governed, limited government, the responsibility of government to protect private property, and the equality of citizens.

representation First Continental Congress

The colonists lacked direct _________________ in Parliament + resented the legislature imposing taxes w/ out their consent. They protested, boycotted the taxed goods, and, as a symbolic act of disobedience, even threw 342 chests of tea intop Boston harbor. Reaction= naval blockade fueling more anger. Response= formation of the ____ ______________ _________ in Sept. 1774, sending delegates from each colony to Philly to discuss the future of relations with Britain.

Connecticut Compromise

The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S. population, and the Senate, in which each state has two representatives.

Human nature causes of political conflict resulting from factions purpose of government nature of republican government

The delegates in Philadelphia were an uncommon combination of philosophers and shrewd political architects. The debates moved from high principles on the big issues to self-interest on the small ones. The group agreed on questions of (1) ___________, (2) _________________, (3) ________________, and (4) _________.

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

Bill of Rights

The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights.

Articles of Confederation

The first constitution of the United States, adopted by Congress in 1777 and enacted in 1781. The Articles established a national legislature, the Continental Congress, but most authority rested with the state legislatures.

limited government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

consent of the governed

The idea that government derives its authority by sanction of the people.

Judicial Review

The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the U.S. Constitution. Established by Marbury v. Madison.

New Jersey Plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.

Virginia Plan

The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state's share of the U.S. population.

State of the postwar economy

The states had erected tariffs against products from other states. Paper money was virtually worthless in some states; however, many state governments, which were controlled by debtor classes, forced it on creditors anyway. Congress was having trouble raising money because the economy was in a recession.

two-thirds three-fourths

There are two stages to the amendment process—proposal and ratification—and each stage has two possible avenues. An amendment may be proposed either by a ________ vote in each house of Congress or by a national convention called by Congress at the request of ________ of the state legislatures. An amendment may be ratified either by the legislatures of _______ of the states or by special state conventions called in ________ of the states.

Declaration of Independence

This document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.

Who wrote the Declaration of Independence?

Thomas Jefferson

Who wrote Common Sense?

Thomas Paine

Common Sense

Thomas Paine's "___________ ______" (Jan 1776) fanned the flames of the revolution.

1. Place as much of the government as possible beyond the direct control of the majority. 2. Separate the powers of different institutions. 3. Construct a system of checks and balances.

To prevent the possibility of a tyranny of the majority, Madison proposed the following:

a

What is an example of an informal way the government has changed? a. There is a two-party system. b. Citizens vote directly for senators. c. The Electoral College chooses the president. d. Voting rights have been granted to everyone.

Although Congress was permitted to stop the importing of slaves after 1808 and states were required to return runaway slaves from other states, the Constitution is mostly silent on the issue of slavery. Give states credit for three-fifths of slaves in determining population for representation.

What should be done about slavery? How should slaves be counted for representation in the House of Representatives?

BELIEF IN NATURAL RIGHTS

What was John Locke's foundation?

a

What was a weakness of the Articles of Confederation? a. Weak central government b. No restraints on judiciary c. Tyrannical executive d. Legislature too large

b

What was the purpose of the Federalist Papers? a. To argue against the Constitution b. To argue in support of the Constitution c. To express concerns about the intent of the Framers d. To provide a document about the creation of the Constitution

Personal freedoms in the Constitution

● It prohibits suspension of the writ of habeas corpus (except during invasion or rebellion). Such a court order enables persons detained by authorities to secure an immediate inquiry into the causes of their detention. If no proper explanation is offered, a judge may order their release. (Article I, Section 9) ● It prohibits Congress or the states from passing bills of attainder (which punish people without a judicial trial). (Article I, Section 9) ● It prohibits Congress or the states from passing ex post facto laws (which punish people or increase the penalties for acts that were not illegal or not as punishable when the act was committed). (Article I, Section 9) ● It prohibits the imposition of religious qualifications for holding office in the national government. (Article VI)