American Government Chapter 2

Unalienable Rights

God-given rights that cannot be taken away

Democracy

Government by the people, both directly or indirectly, with free and frequent elections.

What are the arguments that women were or weren't left out of the Constitution?

Women were left out of the Constitution because they could not participate in elections and the pronoun used in the Constitution is masculine. Women weren't left out of the Constitution due to the numerous references to a person or a citizen, gender nonspecific.

What is a writ of habeas corpus?

Writ of Habeas Corpus- Legal document demanding a legal reason for imprisonment

What was the average "Colonial Mind" thinking at the time of the Revolution?

1. All politicians are corrupt 2. Everyone has God-given natural rights such as life, liberty, and property 3. These unalienable rights are being violated by the king

List the weaknesses of the Articles of Confederation.

1. Could not levy taxes 2. Could not regulate commerce 3. Each state had one vote, regardless of size 4. No powerful national military 5. No powerful executive 6. No national judicial system 7. No means of foreign or domestic defense

Describe the Federalist arguments for ratification of the Constitution as it originally was.

1. A strong national government protects liberty 2. Distant national government would be free from excessive democracy 3. Strong national government prevents usurpations 4. Adding a Bill of Rights would list and limit rights of the people and the states

Describe the Antifederalist arguments against the ratification of the Constitution as it originally was.

1. A strong national government would be distant from the people 2. Congress would tax too much 3. The Supreme Court would overrule state courts 4. The President would lead a large standing army 5. National government needs more restrictions 6. Bill of Rights must be added

What is the difference between a democracy and a republic and how did the Constitution strike a balance between these two forms of government?

A democracy is a government ruled by the people. A republic is a representative government ruled by law. They struck a balance by having the House of Representatives be elected by the people to make laws in a representative fashion. The Senate would also be elected in a representative fashion, but by state legislatures. Both the people and representatives in an electoral college elect the President. The Constitution observes two types of majorities: majorities of people and states.

Mixed Government

A form of government that is set up to incorporate elements of different governments such as democracy, aristocracy, and monarchy

Monarchy

A government ruled by one individual

Oligarchy

A government ruled by the few

Electoral College

A group of people brought together within every state to elect the President

Ex Post Facto Law

A law that makes illegal an act that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier

Alexander Hamilton

A leader of the Federalist party who would later be Secretary of the Treasury under George Washington

Republic

A representative form of government, also referred to as "rule by law"

Veto

A right of the President to approve or disapprove legislation

Coalition

A temporary alliance of political parties

Line-Item Veto

A veto of a specific part of a bill, but not the whole piece of legislature

Describe the New Jersey Plan.

Amend Articles of Confederation One vote per state Increased power of the national government, but not as much as in the Virginia Plan

Proportional Representation

An election system in which each party running receives the proportion of legislative seats corresponding to its proportion of the vote.

Factions

An older term for political parties

Fugitive Slave Clause

Article IV provision of the Constitution that requires that any escaped slaves be returned to their owners

What is a bill of attainder?

Bill of Attainder- Imprisons someone without trial

Necessary And Proper Clause

Clause of the Constitution (Article 1, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government.

The Great/Connecticut Compromise

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators

How does Congress check the President?

Congress checks the President by refusing to pass legislature the executive wants, overriding the veto, using impeachment powers, refusing to approve an appointment (Senate only), and refusing to ratify a treaty (Senate only).

How does Congress check the courts?

Congress checks the courts by changing the number and jurisdiction of lower courts, using impeachment powers to remove a judge from office, and refusing to approve an appointment (Senate only).

Separation Of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law.

In the ratifying conventions, what were the economic divisions of who favored the Constitution?

Delegates who were merchants, lived in cities, owned western land, held government IOU's, and did not own slaves were more likely to ratify the Constitution. However, in states where the conventions were controlled by small farmers, the vote to ratify was unanimous.

John Locke

English political philosopher who wrote about natural rights

Thomas Hobbes

English political philosopher who wrote about social contract theory

Federalist Papers

Essays promoting ratification of the Constitution, published anonymously by Alexander Hamilton, John Jay, and James Madison in 1787 and 1788

What is an ex post facto law?

Ex Post Facto Law- Law that charges someone with an illegal action when the action was legal

Summarize Federalist 51.

Federalist 51 describes the principles used in the Constitution. These principles include the idea that each department should be independent of one another but check and balance one another to prevent usurpations. In addition, it includes the idea that the legislative branch is the strongest and should be divided into two houses because it is the voice of the people. Finally, factions are unavoidable and the way to prevent them from gaining too much power is to have as many as possible. This is similar to the principle of pluralism.

Describe the Great Compromise.

House of Representatives- based on population and elected by the people Senate- two Senators per state chosen by state legislatures

State Of Nature

How people existed and behaved in life before government even existed

Federalism

How power is divided between state and federal governments

Virginia Plan

Initial proposal at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature dominated by the big states

What is judicial review?

It is the power of the Supreme Court to declare acts of Congress unconstitutional.

Bill Of Attainder

Legislative act inflicting punishment, including deprivation of property, without a trial, on named individuals or members of a specific group.

Antifederalists

Opponents of ratification of the Constitution and of a strong central government

Federalist Paper #51

Paper written by Madison to describe the principles of the Constitution

Federalist Paper #10

Paper written by Madison which argued against factions and how to avoid them

Northwest Ordinance

Piece of legislation that set up a method to add states to the United States, designated how towns were to be set up, and disallowed slavery in the towns set up under that act

New Jersey Plan

Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally

Describe the Virginia Plan.

Replace Articles of Confederation Legislative branch- two houses- one elected by people, the other elected by state legislature- represented based on population Judicial branch- has power of revision but can be overridden by legislature- members chosen by legislature Executive branch- has power of revision but can be overridden by legislature- members chosen by legislature

Shays's Rebellion

Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.

Outline the criticisms presented of the separation of powers and the counter arguments.

Separation of powers impedes effective leadership from getting its job done. If there was no separation of powers, the whole nation, not just a specific body would share responsibility, making people more active in government. Government agencies are overly influenced by Congress and outside groups, despite the fact that they are part of the executive branch. The argument in reaction to those critics are that unitary governments work just as slow and that Congressional scrutiny actually improves legislature pushed by the President.

What was Shays's Rebellion and what role did that play in the push for changing the Articles of Confederation?

Shay's Rebellion was a rebellion of Revolutionary War veterans who feared an inability to pay their high taxes and that their land would be taken away by creditors who prevented courts in western Massachusetts from being held. There was no way for the state governments to quell the rebellion, because most state militias took part in it. The wealthy Framers feared they would be next to die, so they pushed to reform the Articles.

Describe the debate over how the President is to be elected.

Suggestion 1- Elected by Congress Suggestion 2- Elected by people Compromise- Elected by electoral college

Describe the debate over how the Supreme Court is to be picked.

Suggestion 1- Picked by Senate Suggestion 2- Picked by President Compromise- Nominated by President and approved by Senate

Describe the debate over how long the President should serve for.

Suggestion 1- Seven-year term Suggestion 2- Life term Compromise- Four-year term

Federalists

Supporters of ratification of the Constitution and of a strong central government.

Supremacy Clause

The Article VI clause that establishes that the federal constitution, and federal law generally, takes precedence over state laws, and even state constitutions.

What was Charles Beard's interpretation of the Framers of the Constitution? What is now known to counter his interpretation?

The Framers of the Constitution were well-off and benefitted from the Constitution. However, in the 1950s, the economic interests of the Framers were looked at, revealing that some of the richest refused to sign the document, while some of the indebted Framers did not hesitate to do so.

What did the Founders believe that democracy would lead to? How can the United States avoid this fate?

The Framers and Founders believed that democracy would either lead to tyranny or aristocracy. To prevent this, the United States can maintain a balanced and fair government.

How does the President check Congress?

The President checks Congress by vetoing bills.

How does the President check the courts?

The President checks the federal courts by nominating judges.

Original Jurisdiction

The authority of a court to hear a case "in the first instance."

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts

Constitutional Convention

The convention in Philadelphia, May 25 to September 17, 1787, that debated and agreed upon the Constitution of the United States.

How do the courts check Congress?

The courts check Congress by declaring laws unconstitutional.

How do the courts check the President?

The courts check the President by declaring actions by the executive or their subordinates unconstitutional or not authorized by law.

Treason

The crime of betraying one's country

Apportionment

The determination of members per state in the House

Articles Of Confederation

The first governing document of the confederated states drafted in 1777, ratified in 1781, and replaced by the present Constitution in 1789.

Bill Of Rights

The first ten amendments to the Constitution

What was the founders' solution to the problem that people will pursue their own self-interest? How is that different from what ancient philosophers believed? What did Madison argue and propose in this context?

The founders', specifically Madison, chose to divide the government and prevent encroachment of the offices on one another through separation of powers. Furthermore, federalism provided a double check against human nature by protecting the rights of the people. Ancient philosophers believed that the government had to encourage virtue among the governed.

Social Contract

The idea that people give the state the right to rule and that in response, the state will protect the people

What are the proposals of those who the government is too large and who would seek changes in the Constitution to limit the government? What are the counter arguments?

The main proposals for those who want to see a smaller government are amendments to either limit the amount of money the government can take in or demand a balanced budget each year. Others want to give the President a line-item veto power to stop unwanted spending. Finally, others want to limit the power of the national courts and their judicial activism. Arguments in reaction to these critics are that the proposed amendments are not feasible within the current system, adding a line-item veto would take a harrowing amendment procedure, and that judicial activism protects the rights of the citizens.

Judicial Review

The power of a court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.

Enumerated Powers

The powers expressly given to Congress in the Constitution.

Popular Sovereignty

The principle that the government is created with the permission of those governed

Natural Rights

The rights of all people to dignity and worth; also called human rights.

What were the three advantages to a federal government, as explained in the reading by Hofstadter?

The three advantages to a federal government are protection from uprisings or groups controlling the government, the fact that representative government passes the views of the people through a logical medium that has the final say, and the setup of the government through checks and balances.

List and define the two major principles of American representative democracy.

The two major principles of American representative democracy are separation of powers and federalism. Separation of powers is how responsibility is to be shared between the three branches of government. Federalism is how political authority is to be shared by state and federal governments.

James Madison

The writer of the Constitution

What was the delicate problem the Framers had to figure out when writing the Constitution?

Their problem was concerned the need to create a strong enough government to preserve order but not threaten liberty.

Why did the Founders believe that democracy could conflict with liberty? How did they define liberty?

They believed liberty was freedom from excessive economic issues, intrusions, and uprisings. Moreover, the Framers and Founders believed that excessive democracy would lead to a loss of liberty due to the redistribution of land and wealth that would be sure to follow.

What arguments did the Federalists use against having a bill of rights?

They said that listing the rights of the people would limit them to those listed.

What was the central dilemma facing the Founders concerning their views of human nature and the type of government they sought to create?

They viewed people with an innate distrust, and while they sought to create a government with democratic aspects, they feared excessive democracy due to the wickedness of human nature.

Why were the Framers suspicious of democracy?

They were suspicious of democracy because it can either be too weak to prevent one group from abusing another, or have a too strong majority who infringes on the rights of the minorities.

Summarize the three provisions in the Constitution regarding slavery. Why didn't the Founders abolish slavery?

Three-fifths compromise- slaves count as three-fifths of a person when calculating apportionment of seats in the House Congress could not prohibit the slave trade until 1808 Escaped slaves would not be free, but would need to be returned to their master The Founders did not abolish slavery because any attempt to do so would mean no chance of the ratification of the Constitution.

Describe the amending process.

To propose an amendment, one needs 2/3 of both houses' vote or 2/3 of state legislatures to ask Congress to call a national convention. To ratify an amendment, one needs ¾ of state legislatures to approve it or ratifying conventions in ¾ of the states to approve it.

List the liberties guaranteed by the original Constitution.

Trial by jury in criminal cases Habeas Corpus No bills of attainder No ex post facto laws