Tx and Americna Gov Test 4

Problem 5

Size of territory and population

Problem 6

Tyranny of the majority

Problem 7

Factions and insurrection.

Problem 8

Standing armies in peacetime.

Problem 9

Loss of political virtue.

Illustration of the advantage of small states

decreased internal threats

• Sparta's political stability.

• Sparta's mixed constitution, c. 700 BC, lasted 8 centuries, longer than any other in history.

Illustration of the disadvantage of small states

increased external threats

• Persian invasions of ancient Greece. The Persian invasions of Greece in 492 BC and 480 BC illustrate the threat posed to small republics by external forces.

Illustration of the advantage of large states

decreased external threats

• . Rome's military security. Rome conquered inhabited world in 53 years

Illustration of the disadvantage of large states

increased internal threats

• Fall of Roman Republic from internal vices. Lord Acton, Sir Erskine May's Democracy in Europe (1877): "[T]he Roman Republic was ruined, not by its enemies, for there was no enemy it did not conquer, but by its own vices."

Illustration of the failure to have consent

Solon’s gov

Illustration of the failure to have separation of powers

Heliastic courts given final power in all disputes. Aristotle: This enthroned the many as tyrants.

Illustration of the failure to have adequate checks and balances

solon, heliastic courst became tyranny of the many

Illustration of the failure to protect private property

Solon failed to protect private property.  Cancelled all public & private debts. Created enmity

Identify the city state whose first written laws were given to them by Draco

Athens

How did Plutarch describe Draco’s laws

“written in blood, not ink”

Identify the state that resolved its class struggle without violence and without destroying private property. producing a mixed constitution with separation of powers and checks and balances, and eventually establishing one of the world’s most important empires

The republic of Rome

Identify the states that failed to resolve their class struggle by using political violence and by intentionally destroying private property, resulting in either multiple regime changes during a short period of time ____ (and/or the collapse of their economy _____

Athens, Russia

. Illustrations of the tyranny of the majority.

• anaxagoras

• ostracism

• slavery

• undie regional influence in presidential elections

Anaxagoras, tyranny of the majority

• he had denied divinities, prosecuted for impiety after athens passed an ex post facto law designed to convict him, DECREE OF DIOPEITHES, judicially murder

ostracism in athens

no notice or trial, only required 6000 votes. Athens exiled the ostracised individual for 10 years. he had to leave in 10 days or die

2 illustrations of the problem of faction and insurrection from the ancient world.

Greece in Peloponnesian War and Rome

Greece in Peloponnesian War faction and insurrection

Thucydides describes the factional terror that began in Corcyra and swept throughout all Greece during the Peloponnesian War

Rome faction and insurrection from the ancient world

Alex Ham- fed No. 70 “every man the least conversant in Roman history knows how often that republic was obliged to take refuge.. against the intrigues of ambitious individuals who aspired to the tyranny, and the seditions of whole classes of the community whose classes of the community whose conduct threatened the existence of all goverment”

• Gracchi Brother Gaius mudered, head filled with gold

The authors who explained the benefits of political virtue in a population.

Cicero and Montesquieu ???

Illustration of the problem of faction and insurrection involving conflict between Roman Catholics and Protestants.

Religious wars in France

1. France had 8 religious wars 1562-1598. 2 to 4 million dead.

2. 2. Religious faction led to the slaughter of Huguenots during the St. Bartholomew's Day Massacre on Aug. 23, 1572. The massacre began in Paris and spread to 12 other French cities. 5,000-100,000 Huguenots murdered.

Illustration of the problem of faction and insurrection in the United States.

Daniel Shay’s rebellion

1. Massachusetts farmers staged an armed uprising against debt collection, Shay's Rebellion, from August 1786 until June 1787.

2. 2. Caused by monetary debt crisis. Merchants in Europe and America refused further credit and demanded hard cash payments. 3.

3. Shay's Rebellion called the country's finances into question, as well as the viability of the weak national government under the Articles of Confederation. 4.

4. Rebellion accelerated calls to reform the Articles of Confederation, eventually resulting in the Philadelphia Convention of 1787.

Illustration of a ruler who persistently pursued his own best interest rather than his people's by trying to force his nation to change its religion against its will. Among other things, he ignored the sovereignty of law, raised and maintained a large and illegal private army, unlawfully disarmed is people, and wrongfully prosecuted Seven Bishops for exercising their legal right to petition the government for redress of grievances.

James II of Englad

Name the revolution that produced the English Bill of Rights

The Glorious Revolution

3 elements of the sovereignty of law.

1. laws wield supremacy over political rulers

2. law binds rulers to same degree as the public at large

3. rulers must enforce the laws

3 elements of due process

1. full, fair, and prior notice

2. fair trials

3. an impartial tribunal

Solution to the problem of debased simple constitutions

rule of law

• due process

The 4 solutions to the problem of standing armies in peacetime.

1. Civilian Control of Military

2. Seperated and delegated powers

3. militia- against standing armies

4. Right to keep and bear arms

The 4 requirements for maintaining a mixed constitution learned from the rapid failure of Solon's constitution in Athens between 594 BC and 561 BC.

1. consent of the governed

2. persevere seperations of powers

3. check and balances that maintain the separation of powers

4. protection of private property

The solution to class struggle that involves a consensual social contract, requires political rulers to govern according to that social contract, and requires a social contract to protect private property

Cicero’s valid re publica

The solutions to class struggle that requires the 3 social orders to function appropriately and harmoniously with each other

Circeros’s corcordia ordinum

Solution to the problems associated with the size of territory and populations.

Federalism and Republican guarantees

• fed gov will protect the states from foreign invasion

Solution to the problems of faction and insurrection.

federalism and religious liberty

Know which of the above solutions are adopted in the text of the US Constitution

good luck lol

Know the 3 Civil War Amendments and their provisions.

13th, 14th, 15th

Know the 2 due process clauses and their location

5th, and 14th

Constitutional provisions establishing the first requirement of sovereign laws, that laws wield supremacy over political rulers.

(a) Supremacy Clause of Article VI, Cl. 2.

(b) Oath Clause of Art. VI, Cl. 3

Constitutional provisions establishing the 2nd requirement of sovereign laws, that laws bind rulers to the same degree that they find the public at large

(a) Federal government. 5th Amendment Due Process

(b)State governments. 14th Amendment Due Process and Equal Protection. p. 75

(c) Oath Clause of Art. VI, Cl. 3,

Constitutional provision establishing the 3rd requirement of sovereign laws, that rulers must enforce laws. Rulers cannot suspend enforcement of the laws.

(a) "Take Care" Clause, Art. II, § 3. p. 46.

(b) Oath Clause of Art. VI, Cl. 3, p. 56.

Constitutional provision vesting legislative powers in Congress.

Art 1, Sec 1

Constitutional provision vesting executive power in the President.

Art 2, Sec 1

Constitutional provision vesting judicial power in the Supreme Court and such inferior courts as Congress may establish.

Art 3. Sec 1

Identify the Preamble

We the people..

Constitutional provision providing for ratification of the Constitution.

Art. 7

Constitutional provisions providing a system of checks and balances between the Congress and the President

Art 1, Sec 7, clause 2 & 3

Constitutional provisions protecting private property from the federal government.

5th amendment due process and takings clause

Constitutional provisions protecting private property from state governments

14th government

Constitutional provision listing the legislative powers expressly granted to Congress

Art 1. Sec 8

Constitutional provision listing the legislative powers expressly prohibited to Congress.

Art 1. Sec. 9

Constitutional provision listing powers expressly prohibited to state governments.

Art 1. Sec 10

Constitutional provisions prohibiting bills of attainder.

Art 1, Sec 9 & 10d

Constitutional provisions prohibiting ex post facto laws.

Art 1. Sec 9 & 10

Constitutional provision prohibiting the impairment of contracts by the states.

Art 1. Sec. 10

Constitutional provision restricting the power of the federal Congress to suspend the writ of habeas corpus.

Art. 1 Sec 9

Constitutional provision establishing federalism by reserving certain powers to the states and the people

10th amendment

Constitutional provision establishing federalism by reserving rights to the people

9th amendment

Constitutional provisions containing the Bill of Rights

Amend 1-10

Constitutional provision giving the president the power to command the military and militia

Art 2. Sec 2

Constitutional provisions giving Congress the power to declare war, call out the militia, and raise and fund the military.

Art. 1 Sec. 8

Constitutional provision granting the people the right to keep and bear arms.

Amendment 2

Amendment I

. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press: or the right of the people peaceably to assemble, and to petition the Government for a redress of grievance

Amendment II.

A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III.

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any Criminal Case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation

Amendment VI

In all criminal prosecutions, “the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII.

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Amendment XIII, § 1

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Amendment XIV, § 1

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Amendment XV, § 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude

Know the author and the source of this argument regarding the root cause of the problems of factions and insurrection:

This ancient author wrote that the root cause of the problems of factions and insurrection is human nature, specifically lust for power, greed, ambition, passion, lawlessness, disrespect for justice, and envy. Thucydides, The Peloponnesian War (c. 411 BC) 3.83-3.84

Know the author and the source of this argument in favor of religious liberty, and the illegitimacy of government coercion in all matters of religion:

Neither God nor man has consented to state coercion to enforce religion. John Locke, A Letter concerning Toleration (1689).

. Know the author and the source of this argument in favor of religious liberty, and the illegitimacy of government coercion in all matters of religion- Giving civil government the power to determine the extent of religious liberty by the legal establishment of religion also gives civil government the power to limit all other rights. These imperiled rights include freedom of the press, trial by jury, the right to vote, and even the right to legislate for ourselves.

James Madison, “Memorial and Remonstrance against Religious Assessments” (1785).

Know the author and the source of this argument in favor of freedom of speech, freedom of the press, freedom of religion, and the illegitimacy of government coercion in all matters of religion

God creates our minds free. Truth is great, truth is mighty, and truth will always prevail if left to herself. Truth is the proper and sufficient antagonist to error. Errors are not dangerous when men are free to contradict them. Truth has nothing to fear from the contest of ideas unless men are deprived of their right to free argument and debate. Thomas Jefferson, “An Act for establishing religious Freedom” (drafted 1779, enacted 1786).

Know the author and the source of this argument regarding the problems of faction and insurrection:

: Faction and insurrection are “the diseases most incident to republican government.” James Madison, Federalist No. 10 (1788)

Know the author and the source of this quotation regarding the problems of faction and insurrection: “By a faction, I understand a number of citizens …

who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” James Madison, Federalist No. 10 (1788)

Know the author and the source of this argument regarding federalism, which is both (1) a solution to the internal and external threats associated with large and small territories and populations, as well as (2) a solution to the problem of tyranny of the majority:

The federal government should handle the “great and aggregate interests.” State governments should handle “local and particular interests” dealing with “local circumstances and lesser interests.” James Madison, Federalist No. 10 (1788).

Know the author and the source of this argument regarding the problem of standing armies in peacetime.

It is true that standing armies during peacetime are a powerful danger to liberty. It is also true that standing armies in peacetime historically consist of immoral soldiers who are loyal only to their commanders, and not to their country. Nevertheless, a standing army is a necessary evil. Nations face infinite dangers, and the military must be able to meet © by John O. Tyler, Jr., JD, PhD (April 19, 2025) 7 these threats. Regular, disciplined armies can only be defeated by armies that are themselves regular and disciplined. A militia is not sufficient to defeat a regular, disciplined army. A professional standing army is therefore required to prevent foreign invasion. James Madison, Federalist No. 41 (1788).

Know the author and the source of this famous and eloquent quotation regarding the checks and balances required to maintain the separation of powers essential to maintaining a mixed constitution.

“Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” James Madison, Federalist No. 51 (1788).

Know the author and the source of this quotation regarding the problems of factions and insurrection. There are two requirements for controlling factions….

First, republics must protect society against oppressive rulers. Second, republics must protect society against an oppressive majority, and guard groups in society against injustices from other groups. James Madison, Federalist No. 51 (1788).

Know the author and the source of this quotation regarding the problem of political virtue:

“No wall of words, no mound of parchment can be formed to stand against boundless ambition aided by corrupted morals.” George Washington, Proposed Address to Congress, April 30, 1789

Know the author and the source of this quotation regarding the problem of the tyranny of the majority:

“If ever the free institutions of America are destroyed, that event may be attributed to the unlimited authority of the majority,” which urges minorities to desperation.” Tocqueville, Democracy in America (1835)

Know the author and the source of this quotation regarding the problem of political virtue: "The best laws cannot make a constitution work in spite of morals…

morals can turn the worst laws to advantage. That is a commonplace truth, but one to which my studies are always bringing me back. It is the central point in my conception. I see it at the end of all my reflections." Tocqueville, "The Superiority of Morals to Laws" (1840)

Know the author and the source of this quotation regarding the problem of the tyranny of the majority:“Protection… against the tyranny of the magistrate is not enough…

: there needs protection also against the tyranny of the prevailing opinion and feeling; against the tendency of society to impose, by other means than civil penalties, its own ideas and practices as rules of conduct on those who dissent from them.” John Stuart Mill, On Liberty (1859)

Know the author and the source of this famous and eloquent quotation regarding the problem of the tyranny of the majority, a quote known as “the Principle of Harm:”

“The sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, © by John O. Tyler, Jr., JD, PhD (April 19, 2025) 8 because it will make him happier, because, in the opinion of others, to do so would be wise, or even right...” John Stuart Mill, On Liberty (1859)

Know the author and the source of this quotation regarding the problem tyranny of the majority:“The interest of the people at large, therefore, can never supersede individual rights.”

Lord Acton, 2 THE RAMBLER 137, 146 (1859)

Know the author and the source of this famous quotation regarding the tyranny of the majority, a quote in which the author claims every individual has personal sovereignty over his own body and his own mind: “The only part of the conduct of anyone, for which he is amenable to society…

is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute. Over himself, over his own body and mind, the individual is sovereign.” John Stuart Mill, On Liberty (1859)

Know the author and the source of this quotation regarding the problem of political virtue: “Bad men cannot make good citizens…

No free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, & virtue.” Patrick Henry, Address to the Virginia Convention, March 23, 1775

Know the author and the source of this quotation regarding the problem of political virtue: “Virtue or morality is a necessary…

spring of popular government.” George Washington, Farewell Address, Sept. 19, 1796

Know the author and the source of this quotation regarding the problem of political virtue: “The Roman Republic was ruined…

not by its enemies, for there was no enemy it did not conquer, but by its own vices.” Lord Acton, Sir Erskine May's Democracy in Europe (1877)

Know John Stuart Mill’s solution to the tyranny of the majority

Protect individual rights

Know John Stuart Mill’s famous “Principle of Harm.”

Both magistrates and majorities can be tyrants.”The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or mora, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinion of others,to do so would be wise, or even right..

Know John Stuart Mill’s explanation of where and how to set the boundaries of liberty

We are only accountable to society for our actions that harm others

• liberty consists in doing what one desires, the only part of the conduct of any one, for which he is amenable to society, is that which concerns others. in the part which merely concerns himself, his independence is, of right, absolute, Over himself, over his own body and mind, the individual is sovereign