Chapter 7

Samuel Adams

1722-1803 Second cousin to John Adams, he was a Massachusetts statesman and organizer of the Boston Tea Party. Adams served in the Continental Congress and signed the Declaration of Independence, but was opposed to a strong federal government.

John Jay

1745-1829 A Founding Father, Jay served as a President of the Continental Congress, co-wrote "The Federalist" with Hamilton and Madison, and served as the first Chief Justice of the United States Supreme Court.

Edmund Randolph

1753-1813 Governor of Virginia and delegate to the Constitutional Convention, Randolph proposed Madison's Virginia Plan but ultimately refused to sign the Constitution in Philadelphia because it had no bill of rights. Later, however, he was instrumental in persuading Virginia leadership to ratify it.

Alexander Hamilton

1755-1804 Hamilton served as the first Secretary of the Treasury under Washington and founded the Federalist Party. He also co-wrote "The Federalist" and championed a strong central government.

William Marbury

A "Midnight Appointment" by John Adams, Marbury sued Secretary of State James Madison for delivery of his commission, which was being withheld by order of President Jefferson.

Federalists

A political group that was for the ratification of the Constitution.

Supermajority

A specified majority of voters. In the ratification of the Constitution almost 70% (9 of 13) of the states was required.

Alphie is working on an essay for his American Heritage class and is trying to make a point about the importance of narrowly defining rights. All of the following would be good examples from the United States Bill of Rights of narrow rights EXCEPT: A> Freedom of expression outlined in the First Amendment. B> The right to bear arms outlined in the Second Amendment. C> No quartering of troops outlined in the Third Amendment. D> Protection against searches and seizures in the Fourth Amendment. E> Procedural guarantees for those accused of crimes in the Fifth to Eighth Amendments.

A> Freedom of expression outlined in the First Amendment.

All of the following are reasons that the Founders did not include a bill of rights in the Constitution EXCEPT A> Enumerating a bill of rights would necessarily privilege the specific items named at the expense of all others, and you couldn't reasonably include every right. B> Bills of rights challenged kings to protect natural rights, but the Constitution's power lay with the people and they would not need protection against themselves. C> One of the great failures of the British government was their bill of rights. The written bill of rights under King George gave him justification for his tyranny. D> Enforcing a bill of rights was more difficult than simply claiming the rights. It would be difficult to apply the vague language of natural rights to real-world situations. E> The notion of natural rights, although useful in a stand against tyranny, might also undermine legitimate governance. Rights had to be seen in societal context.

C> One of the great failures of the British government was their bill of rights. The written bill of rights under King George gave him justification for his tyranny. Starting on page 107, the textbook outlines the Framers' rejection of a bill of rights. Rights were unnecessary since their republican government's power rested with the people, enumeration was difficult, enforceability was problematic, as well as the exceptions and qualifications for the protection of rights. The purple box on p. 108 actually says that the shadow of King George was good reason to have a bill of rights (City upon a Hill, 107-108).

You join a political debate and assert that it is morally wrong to sell chocolate-covered cinnamon bears at a university. You believe this because you are the spokesperson for the Anti-Cinnamon Church and it is part of your doctrine. Your opponent decries your opinion because it is based on religious beliefs and he claims that separation of church and state prohibits you from asserting your position since it is based on religion. All of the following are counterarguments you could use from Dallin H. Oaks's "Religious Values and Public Policy" EXCEPT A> Religious values are just as legitimate as those based on any other comprehensive set of beliefs such as the environmental movement. B> It is unrealistic to argue for laws that are entirely neutral from any religious tradition unless you cut away the entire idea that there are moral absolutes. C> I expect the same broad latitude of discussion on my views that applies to everyone else's participation in public policy debates. D> Since I have demonstrated openness and tolerance for your opposing beliefs, I feel I can expect a similar openness for my beliefs. E> Churches and church leaders deserve as much or more freedom to participate in public debate since they have the final say on moral absolutes.

Churches and church leaders deserve as much or more freedom to participate in public debate since they have the final say on moral absolutes. Elder Oaks believes in moral absolutes and that they are the foundation of any system of law. However, he never asserts that churches or church leaders have the final say on what those absolutes are. Elder Oaks also said, "Religious leaders should have at least as many privileges as any other leaders. . . . When religion has a special constitutional right to its free exercise, religious leaders and churches should have more freedom than other person and organizations, not less." Elder Oaks does assert that churches and church leaders should have more freedom than other groups, but not because they have any authority over moral absolutes ("Religious Values and Public Policy," course packet).

Judiciary Act of 1789

Congressional act passed in 1789 to form the federal court system and to authorize writs of mandamus.

All of the following are true of the first president of the United States EXCEPT A> The first president was George Washington. B> The first president never consulted the Senate on treaties after one failed attempt. C> The first president realized that his precedents might be honored indefinitely. D> The first president was certain, confident, organized and cool in his actions. E> The first president chose to be addressed by the title "Mr. President."

D> The first president was certain, confident, organized and cool in his actions.

According to City upon a Hill, all of the following are Anti-Federalist complaints about the Constitution EXCEPT: A> Small governments were best historically. Federalists' belief in an "extended republic" under the Constitution was just a pseudonym for an empire. B> There was no bill of rights in the Constitution. The Constitution could not be innocent of malice if the framers hadn't included a guarantee of rights. C> The auxiliary precautions and protections in the Constitution were all smoke and mirrors. The "necessary and proper" clause, for example, was dangerously vague. D> The Constitution proposed an "aristocratic" government by having a senate and a president that reminded Americans of tyrannical Britain. E> The Constitution did not create a strong enough central government to combat conflict like Shays' Rebellion. It was too limited in its scope.

E> The Constitution did not create a strong enough central government to combat conflict like Shays' Rebellion. It was too limited in its scope. The textbook describes Anti-Federalist complaints such as the belief that the Constitution was aristocratic and too far removed from the people, too different from small, local, and particular republics of history, and too vague with things like the necessary and proper clause. The complaint with the most weight was that there was no bill of rights. Anti-Federalists thought the Constitution made for a too strong and not limited enough government.

In 1973 the Supreme Court decided that abortion was protected by the Bill of Rights. How could they possibly do that when the word "abortion" doesn't appear anywhere in the Bill of Rights, Constitution, or any other amendments? A> Even though abortion is morally wrong, the Supreme Court knew they would have to protect that right so that other rights could be protected. B> Americans all agree that abortion is a natural right and always has been; it just took until 1973 for that to be apparent and for the Bill of Rights to apply. C> With the power of Judicial Review, the Supreme Court is able to announce what the Founders intended when they drafted the Bill of Rights. D> Abortion fits into the textbook definition of "civil rights," and all civil rights are protected by the Bill of Rights. E> The right to privacy is one of the "Three Great Oughts" that is implied by the language of the First, Third, and Fourth Amendments.

E> The right to privacy is one of the "Three Great Oughts" that is implied by the language of the First, Third, and Fourth Amendments. Although Madison generally used narrow, concrete language full of specific terms and qualifiers to outline the civil rights outlined in the Bill of Rights, some natural rights that ought to be secure could not be written that way. Freedom of conscience, freedom of expression, and the right to privacy are important and ought to be protected but are so vague that they have to be implied in the Bill of Rights. Courts can and have vested the terms with meanings that to the Founders would seem bizarre, such as abortion being part of privacy (City Upon a Hill, 109-110).

natural rights

Fundamental rights granted by nature that government can not abrogate and which government is bound to protect.

Alien and Sedition Acts

Laws passed by Congress in 1798 to try and stifle the "seditious" writings of French propagandists against the neutrality of the United States with regards to the French and British War.

How did John Marshall establish judicial review?

Marshall ruled that section 13 of the Judiciary Act of 1789 was unconstitutional.

The Great Oughts

Natural rights that don't proclaim an "is" so much as an "ought" about the world---the way things "should" be

Edmund Randolph and George Mason were both Virginia delegates at the Constitutional Convention. Which of the following accurately describes their different views on the Constitution?

Neither Randolph nor Mason signed the Constitution, but Randolph was a Federalist while Mason was an Anti-Federalist that argued against its ratification.

Anti-federalists

Political group that was against the ratification of the Constitution.

"The Federalist"

Series of essays published in New York newspapers under the pseudonym Publius for the express purpose of gaining support for the ratification of the Constitution. Written by James Madison, Alexander Hamilton, and John Jay.

Marbury v. Madison

Supreme court case in which judicial review was established

How did the Federalists handle the issue of a Bill of Rights, which the Anti-Federalists argued for and wanted to call another convention to write?

The Federalists promised to add a Bill of Rights if the Constitution were ratified.

original jurisdiction

The authority of a court to hear certain kinds of cases first instead of waiting for those cases to be tried in a lower court.

Who were "The Big Four" states that needed to ratify the Constitution for it to be successful?

Virginia New York Massachusetts Pennsylvania

writ of mandamus

a court document forcing an action by a certain party

poleis

city or city-state, often self-governed by its citizens as were the ancient Greek city-states (Plural of polis)

midnight appointments

judiciary appointments of Federalist judges made by Federalist president John Adams shortly before he left office, in response to the Democratic-Republican victory in the Congress and Presidency

judicial review

power of the Supreme Court to rue on the constitutionality of laws

civil rights

rights defined using narrowed, concrete language, full of specific terms and qualifiers.

lame duck

the time between the election of a new political official and when they take office. Refers specifically to the outgoing official's frequent lack of influence or power during that period