Studied by 5 people
What was the attitude towards the colonies for a big portion of its existence?
"Salutary Neglect", for the most part, GB was hands off on the governing of the colonies. Many colonies had their own legislatures and institutions
Why did the attitude of "Salutary Neglect" change?
GB had just gotten done fighting a war both in the colonies and in Europe, they were running low on money, needed control on colonies and taxes
Which King is responsible for this?
George III begins asserting his authority heavily, has parliament pass tax laws, declares no westward colonization. Creates an illegal monopoly with the Tea Act
What is the real problem occurring?
This is a problem about liberty and representation. The colonies are not represented yet still have their liberties impeded upon. This is history repeating itself with the British overthrowing their king
What were some factors in the distaste of the king in America?
Many Lockian ideas such as inherent rights were becoming very popular, Enlightenment thinking in the state of nature mostly did not support extremely centralized power. Religious ideas went against it too, many times kings are went against because they are corrupt. Many people did not like the idea of birth rights being the main force of selection as well. America had spawned this idea that anyone could be self made
What did the Declaration of Independence do?
Announced a clear set of American ideas (not laws, this isn't the constitution). It somewhat unites the country, but not under the idea that they'll eventually be the same country, united under an idea of independence. Declares that they'll be a nation separate and equal to GB. It also gives justification towards rebelling against the king, during the time, this would've been viewed as blasphemy to rebel against gods king, they identified the Laws of Nature as rationalization that all men are created equal and these are god given rights. Many Lockian Ideas are identified
What was Americas main strategy or advantages during the revolutionary war?
It was the home turf, we wanted to get foreign aid,
Why was Washington chosen as the main guy?
He was charismatic, he was a talented leader, had a good eye for talent. Wasn't necessarily the best general we had at the time
What Happened at the battle of Long Island?
The British won pretty badly, we have to lose but we get away due to bad weather for the british. 1st regiment staves off and delays
What were some difficulties that Washington faced for the war?
There was a lot of desertion because of congresses wavering support and all of his enlistments were going to expire January 1st which was very soon
What was the main idea of republicanism during the articles of confederation?
Republicanism held that small institutions were best and that large institutions led to tyranny. Main proof of this at the time was Rome. Very Large country with very large institutions fell because of largeness. The proof that small ones worked was more similar to the Italian city states or the Greek ones. They were somewhat successful because of their size in institution and land mass
What idea runs contrary to the previously stated one?
That big institutions and governments are actually best, if they have many different opposing factions. This was a hard sell at the time, this ran contrary to popular belief and there was the problem that many normal citizens had never travelled more than 30 miles from their own home. This idea of getting people together that would be from opposing factions was new and completely different from what we expect.
What were Madisons ideas stated in the Vices of the Political US?
Madison saw the problem that legislatures became dominated by what were labeled as "demagogues": charismatic people that could whip up an angry crowd. They often passed laws that violated rules of law, often very faction based. Madisons ultimate vision thought of a federal government would be to protect people from the states. With the constitution, this ultimately fails and the 14th amendment has to fix this
What was the Articles of Confederation bound by "federally"?
"A firm league of friendship" There was a loose federal government, but its power relied on the virtue of the states paying taxes. Because of this state individualism, they are almost like independent countries, they have disputes over borders, over interstate rive usage, it's not good. Other problem is that the federal government is not sovereign, cannot enforce its power, has a sucky army and has no legal basis upon making treaties with foreign or domestic people. There is no unification
What is Shay's Rebellion?
Revolt by farmers to protest the high taxes and forced selling of their property. They attack federal armories which are unprotected
What does Madison start realizing about the US after Shay's rebellion?
His research shows that factions are the exact thing that undermines liberty in republics. The government/country is more represented of the faction than the people. Says that small factions give the illusion of uniformity, really they just contribute to the oppression of minorities more often.
What was the precursor to the constitutional convention?
Mount Vernon, although not many states showed up it was evidence that the states working together could and was beneficial. This put new hope into Madison that something like the constitutional convention could happen
The key Figures of the constitutional Convention:
Continued
Washington
Washington had a lot of authority, his presence meant that this had to be taken seriously
Ben Franklin
Similar to Washington in that he was smart and universally respected.
Goveneur Morris
preamble and strongly supported a strong national government
Wilson
Strongly Supported liberalism and a strong national government
Patterson
Introduces the new jersey plan for smaller states and wants to defend state sovereignty
Sherman
Came up with the great compromise that now greatly reflects the system we have today
George Mason
was an Anti-Federalist who strongly opposed the ratification of the Constitution.
James Madison
Came up with the Virginia plan and pushed the complete remaking of the articles of federation
What was the Virginia plan?
It was a plan that Madison came up with prior to the constitutional convention. This plan had several changes, but overall wanted to construct an actual federal government and to give more representation to the people, rather than the states themselves. It also used the ideas of "filters of consent". An idea that when you elect the wisest people among yourselves and then those people elect more people you get the wisest people at the top. This is reflected in how he organized the lower and upper house where the first one got representatives by state proportional to the population and then this lower house elects the representatives of the upper house, in the Virginia plan this would have also been proportional to the states population. The idea here is that many opposing factions would be together and would not form a tyrannical society. The executive branch would be elected by this lower house as well, going with the filters of consent
What was the New Jersey plan?
A plan that still reflected states being represented. This plan was made in counter to the Virginia plan because small states were afraid of bigger states getting too much power. Their plan was a unicameral house that was represented by the states. This was not representing the people but instead of the states
What was the great compromise?
Proposed by Roger Sherman, This was a bi cameral legislature that is pretty much exactly what we have today. Lower house is represented by population but the upper house is even between all of the states. Madison at first hated this but eventually came to understand the need and importance of it.
What was the 3/5ths compromise?
A compromise on representation of the south considering the population of slaves. This was what got NC to vote for the great compromise as many small and northern states opposed slavery and didn't want the slaves to count at all, while the southern states very much wanted the slaves to count as population
What was unique about the constitution?
Many of the things written in it were just philosophical conjecture that had never been put into practice, The idea of opposing factions working together was new, few had thought of a system where self interest is somewhat converted into virtue. It was also special because of its new idea of a higher law that was above both the legislature, the judiciary and the executive branches.
Where did legitimacy come from in this government?
It came from the legitimacy of passing and enforcing laws. Laws were and are very hard to pass but the fact that we do gives them so much legitimacy because of filters of consent
Are the presidents executive orders explicitly stated in the constitution?
No, it is only implicitly stated that they have that type of power.
What type of structure was needed to make the constitution work?
A pluralistic but still centralized one, we can't rely soley on the virtue of the masses but can't rely on the virtue of the single person
What are rights as said in the constitution?
Rights at their basics are things that congress is not allowed to change or vote on. We remove these things from the realm of societal consent they are unconditional truths that we all hold.
What were the first reasons that we did not include a bill of rights?
Many Federalists felt that the structures that had been put into place would have prevented any impeding on the rights of people by the *federal* government. There were also concerns about consent to these thing. Another thing was the type of thought a bill of rights enforced. If something wasn't listed it the bill of rights... does that mean its not a right? This problem is later (somewhat) solved by the 9th amendment.
What were the two parties formed for the ratification of the constitution?
Federalists (pro-const) and Anti-federalists (anti const). The federalists consisted of Hamilton Madison and John Adams. The anti federalists consisted of Jefferson and others.
What is the difference between Enumeration and structure?
Enumeration is the actual listing of rights. Technically in the Soviet Union, we would've had more rights in writing, but the structure and institutions created by the Soviet Union did not protect or enforce these rights. The actual structure is much more important than just saying that we have them.
Natural rights Vs Civil Liberties vs Civil Rights
Natural Rights are Lockian, Life Liberty and Pursuit of happiness. Civil Liberties are the protections against the government, Like the bill or rights or any further amendments. Civil Rights are protections against private institutions, landlords cannot discriminate over age sex race or religion.
What are broad vs narrow rights?
Narrow rights are very specific and are easy to interpret. An example of this might be the third amendment where it is pretty specific when soldiers can and cannot be quartered in the homes of people. Broad rights are harder to interpret and have less clear applications like the first and fourth amendments that still have debates to this day. Broad rights are broad intentionally.
What is the general overview of the Marbury V Madison
In adams presidency he appoints some final judges on the federalist side to make sure the party controls something. Marshall wasn't able deliver all of the letters to tell people they'd been appointed. The presidency swaps over and the next SOS (Madison) refuses to deliver the notices of the new judges. Marbury a federalist, sues Madison
What was the main idea of Marbury V Madison.
Marshall sets a precedent for the judicial court for the rest of its existence, he solidifies its purpose as checking to make sure laws are constitutional. He declares the laws of the Writs of Mandamus unconstitutional and dismisses the law. This also solidifies the idea that the constitution is a higher law that needs to be obeyed.
What is special about the judicial review in terms of it deciding if something is constitutional or not?
The judiciary is removed from the public sphere of voting, therefore, appointed people (filter of consent) cannot be voted on if the public does not like the way the judiciary is defining rights they can't just vote in or vote out what the public thinks the constitution should be interpreted as.
What were some difficulties that we faced starting an entirely new government?
We had no federal employees, no actual revenue yet and no official gathering place (no White House or federal buildings) Most importantly though, this new government had the huge responsibility of setting all of the precedence of this new nation
What is classical republicanism?
a focus on the common good and needs of the people above individual liberty and self-determination. The government can also be an institution that promotes virtue and protects the rights of people.
What is Liberalism?
The belief that institutions corrupt people, focuses on natural rights and has an emphasis on Egalitarianism where humans are equal in all ways before the laws.
Why is the Constitution more Classical Republican where the Declaration of Independence is more Liberalism?
The constitution sets up clear institutions and barriers where as the Declaration of Independence talks a lot about rights and equality before law especially in reference to a king.
What were the difference between Hamilton and Adams ideas vs Jeffersons ideas for the United States?
Hamilton and Adams saw the United States as just a more awesome Great Britain, powerful trade industrious with huge cities, there would be many filters of consent and every day people would be slightly involved in everyday politics. Jefferson sees the United States as a more educated farmer society where many people are involved in the everyday politics of the United States
What were some of the disagreements within Washington's presidency that created a divide?
The problem of the national bank and national debt, the problem of more taxes and the problem of who the main allies to America should be: Britain(Hamilton) or France(Jefferson)
What were the first political parties and what dId they believe in?
The Democratic republicans: The most likely people to join this part were former Anti-federalists, Liberalism was their central idea, smaller central government educated farmer as said later believed more in the involvement of the people in . The Federalists (A LOT of overlap with the former federalists but not totally the same) Were republicanists wanted a stronger government with much more involvement believed more in institutions and filters of consent. Main people for Dem Repubs: Jefferson/Madison, Feds: Hamilton and Adams
What were the Alien and Sedition Acts?
laws passed in the 1790s that made it a crime to say or publish anything that would defame the government of the United States. This was made underneath adams' presidency and were found unconstitutional. The reasoning for this act would ultimately create two political parties as each had their own newspapers publishing disparaging remarks and theory against the other party.
Why does the United States have a two-party system?
Because we almost always have a winner take all system. If one party has 51% of the vote and the other only has 49%, the 51% takes the rest of the 49%. This way, smaller parties aren't given too much power proportional to the amount of people they have. Often, smaller parties get absorbed by the main two. Another thing they do is splitting parties or drawing out votes, lessening the power of the other party
Why is a two-party system beneficial?
Especially in a time like the founding, information was very immobile people couldn't always watch or attend rallies, so having a name of a party with a list of values that they want to abide by was enough back then and is even enough today for most people to vote.
What is the Northwest Ordinance of 1787?
It describes how the northwest territory was to be governed and set conditions for settlement and settlers rights. Many of the ideas surrounding the new territories were to convert them into colonies such as how GB treated us this did not happen
What was special about the 1800 election?
Adams vs Jefferson. It was the first election with two parties. Jefferson ends up winning and his ideas of the west become affected by his Liberalism ideas and American institutions will become more democratic than framers had envisioned.
What were turners ideas?
He believes that the land of the United States is more important to the forming of the government. The west allowed more liberty because the option of "I don't like where I live so I will move somewhere else" was not available to people in GB.
What did Andrew Jackson do?
He was a borderlander, celebrated general and was elected president on the second try. He introduced a new type of politics that involved, rewarded and listened to the common people. He created a them vs us mentality that made him very popular.
How is Andrew Jackson Evidence of Turners Theory?
Andrew Jackson was a self made man directly because of the unexplored frontier. Had exploration of the west never been possible, Jackson would not have been able to move to Tennessee where he became an icon. ADDITIONALLY, Andrew Jackson brought much more people into the election of the president and various other positions therefore supporting more democratization
How is Slavery evidence of Turners theories?
The founding fathers had expected slavery to die down as the trade had been outlawed and it seemed to be slowing down, however, as the west was explored, land for rice sugar cane and cotton expanded and so did the demand for slave labor. The problem of slave labor then would lead to the civil war which brought into question the question of representation, thus making the united states more democratic
How is the Seneca Falls declaration evidence of turners ideas?
As woman also moved to the new frontier, their work was needed much more for literal survival. This declaration eventually led to the woman's rights movement increasing democratization.
Madison thought that more factions would be best for the United States. Over the issue of slavery though, what happened?
Mega factions formed between the north and the south. The attitude of being more loyal to your state than you are to your national government has not dissipated yet and this turns into a very us vs them conflict. Even southerners who didn't own slaves would still join with the south because to them it was interstate conflict. The entirety of the south is being attacked not just slavery.
What were the viewpoints of the south on the constitution?
They now completely disagree with the constitution, they believe that there is no equality and want to secede from the United States. They also still believe the the states should be sovereign over the United States and thus their want to remove themselves should be legal.
Who was William Lloyd Garrison?
He was a Pacifist abolitionist who hated the constitution because he believed it was pro slavery and anti freedom. He felt that slavery went directly against Gods will.
Who were abolitionists?
They were the political entrepreneurs that organized against slavery, they were popular amongst the northern religious educated men and woman. Their main argument was that slavery was unconstitutional because when stating you had the right to property it is first stated because you own yourself! The first thing that should be read in the constitution should be liberty not property
Who was John C Calhoun?
He was pro constitution because he said it was pro slavery. He symbolized a change in mindset for the south where slavery was no longer a necessary evil. It is now necessary, nothing else.
Who had the power to implement their version of slavery in the const?
Whoever was powerful enough to implement it! this meant that a war was needed to settle this dispute.
Who was Fredrick Douglas?
He begins as an ally to garrison, saying that the constitutions a pro slavery document but eventually changes his mind saying that it has liberty In mind but slavery is really just the product of a hypocritical society.
What was the compromise of 1850?
This is the compromise where whenever a free state is entered into the US a non free state also has to be entered into the United States
What did Stephen Douglas push for?
He wanted new states to vote on whether or not they are free states or not, this means that whichever group moved to the new state first got to decide what type of state it will be.
What was Dred Scott vs Sanford?
It was a case where they disputed if slaves remained slaves if they were taken over the northern border were they free? It was decided by a judiciary that they aren't if they're brought back over. Declared the entire Republican Party as unconstitutional basically.
What did Harriet Beecher Stowe write?
She wrote Uncle Tom's cabin which was one of the most effective anti-slavery pieces of literature
What was the republican party formed for?
Nearly their entire basis of founding was to end slavery. Their tactics were to surround the current slave states with freedom and eventually pressure them into freeing them.
Who was John Brown?
A crazy abolitionist who believed ending slavery was his call by God. He caused the Bloody Kansas event where he and other certain abolitionists moved to Kansas for its ratification and killed some slave owners. He was a martyr for anti-slave causes as he tries to start an uprising with slaves, he is nearly killed, put in prison and becomes this hero that symbolizes ending slavery
What did Abe Lincoln find after researching the founding fathers?
All of them at some point had said or believed that slavery should not have spread out of the original 13 colonies.
John Bell
Moderate candidate who's main objective for the election of 1860 was to just keep the union together
Stephen a Douglas
A northerner senator considered to be a moderate who's entire prerogative was that he wanted the states to have popular sovreignty when it came to the issue of slavery
Breckinridge
He was the southern democrat for the 1860 election. Won pretty much the entire south
Abraham Lincoln
Was the republican candidate whose entire platform was to stop the spread of slavery and then abolish it.
What was unusual about the election of 1860?
The moderates did not win, It was so split between south and north. Abraham Lincoln ends up winning and South Carolina is the first state to secede from the United States. They attack fort Sumter and the civil war pretty much begins here
What were the fundamental problems fought over in the Civil war?
Slavery and the problem of representation. The biggest problem was that the constitution left a lot of things unclear of states power in the constitution. The bill of rights did not necessarily apply to the states themelsves, they only protected against the federal government. Also it was left unclear if the states were even allowed to leave the union at all, if you believed that the states themselves were sovereign, this seemed like a power that made sense to have. There were also cultural differences between the south and north in their definitions of liberty. The south believed that liberty was meant to protect the community while the north thought that liberty was meant for the individual
Gettysburg
turning point in war, Union victory, most deadly battle
What did the 13th amendment do?
Outlaws slavery
What did the 14th amendment do?
Defines citizenship and said that we cannot deny citizenship of a person based n their race. Also disallowed
What is interesting about the 14th amendment?
It now answers the question of sovereignty and liberty. The federal government is sovereign and liberty is for the individual and not the community
What did the 15th amendment do?
Gave universal male suffrage
Was the problem of slavery solved after this?
Nope, these amendments were largely failures as no infrastructure was in place to guarantee these rights and make sure that these brand new free people weren't further taken care of.
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Flashcard (102)