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Federalists
Party that favored a strong national government, wealthy interests, and close association w/ British - supported constitution
-mainly (NOT ALL) on Atlantic coast & large cities
Anti-Federalists
Party that favored strong state governments, small family farms, and close association w/ France - opposed to the constitution
-mainly (NOT ALL) small farmers and settlers on the frontier
John Dickinson
Wrote Articles of Confederation
James Madison
Father of the Constitution & creator of the Virginia Plan
Founding Fathers
Men who wrote the Constitution
Bills
Proposed laws
Amendments
Changes to the Constitution
Duties
Taxes on imported goods
Popular sovereignty
Rule by the people
Federalism
Political system where power divided between national and state governments
Separation of Powers
Government power divided among different branches
Legislative Branch
Made up of two houses of Congress; Makes the laws
Executive Branch
Headed by the President; Implement and enforce laws passed by Congress
Judicial Branch
System of federal courts; Interpret federal laws and render judgment in cases involving these laws
Checks and Balances
System which prevents one of the branches from becoming too powerful
Veto
Power of Chief Executive (President) to reject laws passed by the Legislative Branch
Impeach
Formally charge a public official with misconduct in office
Sovereignty
Power
Virginia Statute for Religion Freedom (1779)
Written by Jefferson; creates a wall of separation between church and state
-drafted in 1777; put in power 1779; accepted 1786???
-No states gave financial support to any religious group
-The Anglican Church, which formerly had been closely tied to the king's gov't, was disestablished in the South (lost state support)
-only 3 N.E. states; NH, CT, & Mass; did the Congressional Church continue to receive state support in the form of a religious tax; discontinued early 19th century
Articles of Confederation (AOC)
(1777) - Drafted by John Dickinson; first national constitution of the U.S. which include state sovereignty
-talk about what States' Rights are
-drafted in 1776 @ same time as when TJ was writing the D.O.I.
-Congress modified to protect individual states' rights
-delayed for ratification b/c seaboard states such as R.I. & M.D. demanded that new territory west of Alleghany Mountains put under jurisdiction of new central gov't; New York & Virginia finally agree
= ratified March 1781
-consisted of 1 body (unicameral) = Congress; each state 1 vote; ratification 9 of 13 states
-unanimous vote required to amend Articles
=had no separate executive or judiciary (court system); only 1 house congress
-A Committee of States, w/ 1 representative from each state, could make minor decisions when full congress not in session
-HAD MAJOR FLAWS: no executive power to enforce own laws = WEAK CENTRAL GOV'T
Land Ordinance of 1785
640 acre towns at $1 per acre where 1 section per town for public education
-created under the A.O.C.
Northwest Ordinance (1787)
a. Sets up 5 states (originally set up for 3) (Wisconsin, Michigan, Ohio, Illinois, Indiana)
b. 5,000 voters for a territory
c. 60,000 voters for a state
d. no slavery
e. Fugitive Slave Law (completely un-enforced / local authorities supposed to help)
-voter = white male property owner
Depression
Severe economic downturn in the economy
-during this time period: reduce foreign trade; limited credit due to nonpayment of war debts; inability to levy national taxes; printing of worthless paper $
-13 states treated each other w/ suspicion; competed for economic advantages; put tariffs on one another; restricted movements of goods across state lines
Deflation
more goods than $ in the economy
Inflation
More $ in the economy then goods
Shays's Rebellion (1786)
Mass. Farmer who revolts over high taxes, imprisonment for debt, and lack of paper $
-In Continental Army; thought he was owed for him fighting
-Inspires Continental Convention; frightens other colonies
-Jan. 1787 Shays and his followers attempts to seize weapons from Springfield armory; state militia of Massachusetts broke the rebellion
-Samuel Adams draws up the Riot Act - authorities can jail anyone w/out trial
""Rebellion against a king may be pardoned, or lightly punished, but the man who dares to rebel against the laws of a republic ought to suffer death""
-Shays's army routed - Shays dies in poverty 1788 after being pardoned
Thomas Jefferson - "A little rebellion now and then is a good thing ... God forbid we should ever be twenty years without such a rebellion ... the tree of liberty must be refreshed from time to time with the blood of patriots and tyrants"
Mount Vernon Conference/Convention (1785)
G.W. held a conference in his home 4 states show (VA, MD, PA, DE). Agree that the AOC problems are significant enough to have another convention
-original conference hosted by G.W. @ his home
-4 states (VA, MD, DE, PA) agree problems large enough = another convention = Annapolis Convention
Annapolis Convention (1786)
5 of 13 states attend (NJ joins)
a. Setup trade agreements
b. calls for a new convention
-Only 5 states show;
-Hamilton & Madison convince other states another convention should be held in Philly to revise the A.O.C.
Constitutional Convention (Philly 1787)
Meeting in Philly to amend the Articles of Confederation; attended by 12 out of 13 states (55 white male delegates; no R.I.)
-"for the sole and express purpose of revising the Articles of Confederation"
-R.I. did not trust the other states
-55 white male property owning delegates; wealthy; avg age early 40's; lawyers & politicians; some wrote own state constitutions
-worked in secret until work was completed
-G.W. unanimously elected chairperson
-directed by James Madison, Alexander Hamilton, Gouverneur Morris, & John Dickinson; all represented different states but had same goal = strengthen the young nation
-many important figures weren't there = John Jay, TJ, John Adams, & T Paine were on diplomatic missions abroad; Sam Adams & John Hancock not invited; Patrick Henry refused to attend (opposed any growth in federal power)
-after 17 weeks: draft was ready (Sept 17, 1787); needed 9 out of 13 states to ratify;
- took till June 1788 to ratify
Virginia Plan
Calls for a bicameral legislature based on a proportional representation which included a Chief Executive; includes national sovereignty
-clearly favors large states (such as VA & PA)
Bicameral
2 house system
-w/in Congress you have House & Senate
Proportional Representation
idea that the more people you have the more representation (House of Representatives)
(California = 54 / Wyoming = 1)
Equal Representation
1 state, 1 vote
NJ Plan
calls for a unicameral legislature based on equal representation
William Paterson
Created the NJ Plan and champion of small states rights
Roger Sherman
Created the CT Plan aka Great Compromise
Great Compromise
Current 2 house system (2 house Congress)
a. each state would be given equal representation in Senate
b. representation in the House of Representatives based on size of population
c. National sovereignty
d. Chief executive
3/5ths Compromise
Every 5 slaves count as 3 people for determining state's level of representation & taxation
-further = guarantee that slaves could be imported for at least 20 years longer (1808), at which time Congress could vote to abolish the practice = "Sunset Ban" add towards definition
Commercial (Tariff) Compromise
Congress / National gov't can:
a. regulate interstate & foreign commerce
b. place tax on imports BUT NOT exports
-northern states wanted the central gov't to regulate interstate commerce and foreign trade
-southern states were afraid that export taxes would be placed on its agricultural products, such as tobacco & rice
The Federalist Papers
Written anonymously by Hamilton, Madison, and Jay in favor of the Constitution
-meant to rally support to ratify the Constitution
-series of 85 essays; presented convincing/logical reasons for believing in the practicality of each major provision of the Constitution
-Anti-Federalists were slow to react to The Federalist Papers
Bill of Rights
first 10 amendments in the constitution that guaranteed rights for every American 1788 Federalist had the necessary 9 states needed for ratification for Constitution
-biggest & most important states VA & NY DID NOT RATIFY YET; w/out them any chance for national unity and strength would be in dire jeopardy
-Federalist promised a Bill of Rights = VA ratifies, followed by NY (1788)
-Nov 1789 = North Carolina ratifies ; May 1790 = Rhode Island ratifies = both reverse their original decision
-Anti-Federalists desperately wanted a B.O.R., they argued:
= just fought Rev War to escape tyranny of a central gov't in Britain, what is stopping a strong central gov't under the Constitution from acting in a tyrannical manner? = only adding B.O.R. could Americans be protected against such as a possibility
-Federalists argued:
=members of Congress would be elected by the people they did not need protection against themselves
=it was better to assume that all rights were protected than to create a limited list of rights, since dishonest/crooked officials could then assert that unlisted rights could be violated at will
-Federalist back down in order to adopt Constitution in ratifying conventions
-drafted largely by James Madison
-adopted in 1791
First Amendment
Freedom of:
a) Speech;
b) Religion;
c) Press;
d) Petition;
e) Assembly
Second Amendment
Right to:
a) Bear Arms;
b) Have a well-regulated militia
Third Amendment
Quartering soldiers during peacetime w/out consent of owner
Fourth Amendment
Unreasonable search and seizure w/out probable cause; need a warrant
Fifth Amendment
a) trial by jury;
b) no double jeopardy;
c) cannot be witness against yourself;
d) cannot be deprived of life, liberty, or property w/out due process;
e) private property cannot be taken for public use w/out compensation
Sixth Amendment
Criminal Prosecutions:
a) right to a speedy & public trail;
b) jury in state & district where crime committed;
c) must be informed of the nature & cause of the accusation/crime;
d) confront the witnesses against him/her;
e) obtain witnesses if your favor;
f) can obtain counsel in defense
Seventh Amendment
Common Law: can request a jury if private concern in excess of $20
Eighth Amendment
No:
a) excessive fines or punishment;
b) cruel or unusual punishment
Ninth Amendment
Just because it is not in the Constitution does not mean it doesn't exist
Tenth Amendment
If it is not delegated in the Constitution/Fed Gov't; it is reserved to the States or the People