american heritage midterm 2

legislative structure of articles of confederation

unicameral legislature, equal rep for states, no executive or judicial branch

why couldnt the articles of confederation raise money

it lacked taxing power

vote threshold required to amend the articles of confederation

unanimous approval from all 13 state legislatures

cause for shays rebellion

massachusetts farmers had heavy state taxes, debt, and cort foreclosure on farms

accomplishments under the article of confed

victory in war, northwest ordinance

what was the economy like post american revolution

bad economy, inflation, debt, no national currency

shays rebellion

against the gov because people were mad at how weak it was. highlighted its inibility to maintain order under the articles

james madison “vices of political systems”

lists 12 problems. injustices + conflict within states. states faced free rider collective action problem. states delayed paying federal requisitions expecting other states to pay first.

madison’s diagnosis in “vices of political system”

state laws: lack of cooperation, too many laws, they serve majority hurt minority, dont work well, not enforced

john adams thoughts on government

move power from many to a few of the most wise and good. legislature should represnt all interests and be divided (bicameral)

northwest ordinance of 1787

passed under the articles. established a process for admitting new states and banned slavery in the old northwest

yuval levin 5 frameworks of the constitution

legal, policy making, institutional, political, unity

legal framework

how do we limit power?

policy making framework

what gov can do, how it can make laws

institutional framework

seperation of powers, shape of gov, what each branch should do

political framework

no majoritarianism, setting up elections, spirit of law

unity framework

helps us disagree respectfully, compromise

constitutional convention + its rules

to resolve the articles. rules: secrecy, one state, one vote. majority of states who voted counts, washington presides

virginia plan

james madison wanted bicameral legislature (lower house elected by ppl, upper house elected by lower house), proportional representation based on state population

new jersey plan

introduced as other option for virginia plan. quickly shut down. equal representation for every state, unicameral legislature.

the great compromise

bicameral legislature, proportional representation in house of reps and equal rep in the senate, 3/5 compromise

3/5 compromise

slaves counted as 3/5 if a person. made the south slightly smaller

federalist #70

hamilton argues for a strong president, protection of property

yuval levin “the presidency”

president is valuable in their ability to provide a stable, consisent, effective administration of gov. the character of a president matters, they need to be independent from congress yet still follow the law. must be self restrained, deliberate, intentional

house of representatives

weighted by population, frequent elections by the people, size hasnt changed despite population rising

the senate

representation by state, infrequent filtered elections,

article 1

congress can tax, borrow money, declare war, make all laws

article 2

the president is chief commander of army, can appoint offices, veto, make sure laws are executed, grant pardons, etc

federalist #1

hamilton says we need the constitution because the articles are too weak, proves we can govern ourselves

federalist #9

argument for a strong, united yet extended republic. uses examples of other weak republics not working

7 articles of the constitution

LEJSASR. legislative, executive, judicial, states, amendment process, supremacy clause, ratification

danielle allen “flawed genuis”

acknowledges constitution’s moral flaws (slavery) but says the framework is amazing to expand freedom over time. civic responsibility to modify framework for future generations

levitsky and ziblatt “how democracy fell”

critiques the constitution as outdated and too difficult to amend, thinks minorities have too much power because we have so many checks and balances the majority isnt working

madison’s diagnosis of problems of the articles":

multiplicity (too many), mutability (change too often), injustice (majority> minority), impotence (laws dont have force behind them)

federalist 51

james madison. seperate institutions, checks and balances, seperation of powers

federalist 39

defines constitution as a compound government with national and federal elements (house, senate, president) and is not too powerful

liberalism

starting point on the individual. gov should protect peoples rights. john locke

republicanism

starting point on community. gov should protect common good. artistotle, montesque

kentucky resolutions

jefferson. written in response to the alien and sedition acts. says states have the authority to nullify federal laws they deem unconstitutional. uses 10th amendment to justify. state soverignty as protection of individual rights

federalist #10

madison. a large, extended republic is the best way to cure factions

causes of factions

unequal distribution of property, religion, leaders

ways to cure factions

remove the causes (unacceptable/impossible), control effects (extend the republic!)

arguments for a bill of rights

jefferson: something is better than nothing, people need text to point to

arguments against a bill of rights

madison (though he later switched positions): a list could leave stuff out, hasnt helped in the past. hamilton: the constitution is a bill of rights

narrow rights

concrete and specific. easy to enforce, no conflict, but hard to agree on . ex: no soldier quartering

broad rights

abstract and general. more inclusive, easy to agree on, but hard to enforce. ex: freedom of religion

brutus essays

people’s issues with the constitution: national gov is too powerful, republic is too big, theres no bill of rights

patrick kearon rights and responsibilities

goal of a pluralistic society: diversity without decreasing unity. rights must be balanced with personal and moral responsibilities. freedom loses its meaning if citizens do not actively protect the rights of others

1st amendment

religion, assembly, petition, press, speech

2nd amendment

right to bear arms

3rd ammendment

no quartering soldiers

4th amendment

no unreasonable search or seizure

5th amendment

grand jury, eminant domain, due process, double jeopardy, self incrimination

6th ammendment

speedy trial by impartial jury (criminal cases)

7th amendment

right to trial by jury (civil cases)

8th amendment

no cruel and unusual punishment

9th amendment

the bill of rights isnt comprehensive. rights not explicitly listed still apply

10th amendment

powers not in the constitution are reserved for the states

11th amendment

limits the ability for individuals to sue US states in federal court

12th amendment

reorganizes how the electoral college elects the president and vice president

13th amendment

abolishes slavery nationwide (except as punishment for a crime)

14th amendment

equal citizenship, due process, equal protection under law for all people born or naturalized in the USA

15th amendment

all races can vote

washington’s farewell address

warns against the spirit of party

federalists

strong national gov, broad interpretation of powers, alliance with great britain. hamilton and adams

democratic republicans

limited national gov, strict interpretation of powers,alliance with france. jefferson and madison

political parties

parties try to control the gov by winning elections

parties v factions

parties are many factions with all the same political interests

cross cutting interests

finding something in common with someone in a different party

party identification

a voter’s sense of psychological attachment to a party

jefferson’s first inagurual address

called for national reconciliation and unity, limited federal government and state rights, minority protections

federalist #78

the judicial branch is the least dangerous branch because it can only judge, not do anything

judicial review

power of the judiciary to declare laws or other acts of gov unconstitutional

marbury v madison

established the principle of judicial review (supreme court has power to strike down laws by congress). marshall sues madison for not getting a commission,

order of power

people>constitution>congress>ordinary law

interpretations of the constitution

originalism, legal/technical, living constitution, original aspirations

originalism interpretation

what things meant back then

legal/technical interpretation

technical definition

living constitution interpretation

today’s definition

original aspirations interpretation

underlying principles

mcculloch v maryland

conflict between state and national gov. can congress create a national bank? different interpretations give different answers. ruling- yes because the neccesary and proper clause

thoreau “civil disobedience”

citizens have a moral duty to resist unjust government action, even if it means breaking the law. bc he didnt pay taxes supporting slavery

“road to philidelphia”

talks about the problems of the articles of confederation and whwy we need a constitution.

madison “vices of political systems”

issues with the articles of confederation. too many easily changeable, weak, laws in states. state govs hold too much power

adams “thoughts on government

ultimate purpose of the gov is to maximize happiness through a balanced republic (checks and balances)

“politics of the convention”

rules- secrecy, washington presides, majority passes things. covered the issues of slavery, state sovereignty, how people would be represented. virginia and new jersey plan, ended in great compromise and 3/5 compromise

“ratification and bill of rights”

ratification clause- states can ratify. people vote

jefferson, madison “bill of rights letters”

madison- its just a piece of paper, useless, incomplete, has loopholes

jefferson- you have to outline the principles, its worse to not exist than be incomplete

“implementing the constitution: legislative and exectutive”

congress: bicameralism, filters of consent, principle agent problem, powers

presidency: electoral college

other articles

“constitution: political parties and judiciary”

goes over the potential dangers and benefits of political parties

andrew jackson

ungentlemanly, racist slave owner, had the most votes but lost to John quincey adams in first election, won in a landslide in the next. vetoed the bank bill, wanted to remove indians

john quincey adams

experienced, gentlemanly, won because the house elected him. seen as a corrupt bargain

fitzhugh

claimed southern slaves were happier and freer than northern wage slaves. paternalistic defense of slavery

calhoun

said slavery was a positive good instead of a necessary evil. its the basis for free institutions. not all people deserve liberty

frederick douglas

exposes hypocrasy of celebrating independence while millions are slaves. said the constitution is anti slavery

charles sumner “barbarism of slavery”

said slavery is a moral evil that degrades the slaves and slave holders. 2 civilizations: civillians (north), barbarians (south)

gettysburg address

from lincoln to honor the soldiers, remind everyone of their “why”

byu forum address- mcpherson

sheep, wolf, shephard analogy, positive and negative liberty

sheep, wolf, shephard analogy

sheep- the slave. to the sheep, liberty meants the freedom to own oneself and ones labor

the wolf- the slaveholder. liberty means freedom to do as he pleases with others and to be able to exploit them

the shephard- lincoln/union/federal institution. shephard uses force to stop the wolf, saving the sheep

negative liberty

freedom from government interference