American Government - Chapter 3

The Challenge of Democracy

Declaration of Independence

Drafted by Thomas Jefferson, the document that proclaimed the right of the colonies to separate from Great Britain.

social contract theory

the belief that the people agree to set up rulers for certain purposes and thus have the right to resist or remove rulers who act against those purposes.

republic

a government without a monarch; a government rooted in the consent of the governed, whose power is exercised by elected representatives responsible to the governed.

confederation

a loose association of independent states that agree to cooperate of specified matters.

Articles of Confederation

The compact among the thirteen original states that established the first government of the United States.

Virginia Plan

A set of proposals for a new government, submitted to the Constitutional Convention of 1787; it included separation of the government into three branches, division of the legislature into two houses, and proportional representation in the legislature.

legislative branch

The lawmaking branch of government.

executive branch

The law-enforcing branch of government.

judicial branch

The law-interpreting branch of government.

New Jersey Plan

Submitted by the head of the New Jersey delegation to the Constitutional Convention, a set of nine resolutions that would have, in effect, preserved the Articles of Confederation by amending rather than replacing them.

Great Compromise

Submitted by the Connecticut delegation to the Constitutional Convention, and thus also known as the Connecticut Compromise, a plan calling for a bicameral legislature in which the House of Representatives would be apportioned according to population and the states would be represented equally in the Senate.

electoral college

A body of electors chosen by voters to cast ballots for president and vice president.

extraordinary majority

A majority greater than the minimum of 50 percent plus one.

republicanism

A form of government in which power resides in the people and is exercised by their elected representatives.

federalism

The division of power between a central government and regional governments

separation of powers

The assignment of lawmaking, law-enforcing, and law-interpreting functions to separate branches of government

checks and balances

A government structure that gives each ranch some scrutiny of and control over the other branches

enumerated powers

the powers explicitly granted to Congress by the Constitution

necessary and proper clause

the last clause in Section 8 of Article 1 of the Constitution, which gives Congress the means to execute its enumerated powers. This clause is the basis for Congress’s implied powers. Also called the elastic clause.

implied powers

Those powers that Congress needs to execute its enumerated powers.

judicial review

the power to declare congressional (and presidential) acts invalid because they violate the Constitution

supremacy clause

The clause in Article VI of the Constitution that asserts that national laws take precedence over state and local laws when they conflict

Bill of Rights

The first ten amendments to the Constitution. They prevent the national government from tampering with fundamental rights and civil liberties, and emphasize the limited character of national power.

Explain the reasons for the colonies’ declaration of independence from British rule.

The Constitution was the end product of a revolutionary movements aimed at preserving existing liberties. The movement began with the Declaration of Independence, which proclaimed that everyone is entitled to certain rights and invoked the principle of equality of peoples. The conflict was also a civil war that divided communities and families.

Identify the factors that led to the failure of the Confederation.

After independence, a government was needed to replace the British monarchy. The Americans chose a republic and defined the structure of that republic in the Articles of Confederation. Although the Articles guaranteed the states the independence they coveted, they were a failure: they left the central government too weak to deal with disorder and insurrection.

Explain the major points of contention in the writing of the Constitution

The Constitutional Convention was fraught with debate over the strength of government at the state versus the national level and the nature of the presidency. To resolve these conflicts, compromises were carefully crafted that all delegates could support, even if only reluctantly.

Explain the contrition of the Constitution to the American political tradition and the principles it establishes.

The Constitution that finally emerged replaced a loos union of powerful states with a strong but still limited national government, incorporating four political principles: republicanism, federalism, separation of powers, and checks and balances. It also established a system of check and balances, giving each branch some scrutiny of and control over the others.

Describe the actions taken to ensure the ratification of the Constitution.

A major stumbling block to ratification of the Constitution proved to be its failure to list th individual liberties the Americans had fought to protect against the potential tyranny of a stronger central government. With the promise to add a bill of rights, the Constitution was ratified.

Explain the procedures required to amend the Constitution.

The founders recognized that the Constitution would need to be amended to serve the changing needs of the citizenry. They therefore enumerated different formal methods for amending the document. In practice, the Constitution has also been modified through the courts and through changes in political practice.

Evaluate the extent to which the Constitution reflects and embodies the principles of majoritarian or pluralist democracy.

The Constitution was designed to strike a balance between order and freedom. While the framers did not set out to create a democracy, they nevertheless produced a democratic form of government. The framers also wanted a balance between the powers of the national government and those of the states, the exact nature of which would be contested for many years to come.

Why did the colonies begin to protest against the British government, and what farms did this protest take?

The colonies protested against the British government due to taxation without representation, restrictions on trade, and British military actions. These protests took various forms, including boycotts, protests, and ultimately the formation of groups like the Sons of Liberty.

What principles underpin the Declaration of Independence?

The Declaration of Independence is underpinned by principles such as individual liberty, equality, and the right to self-governance. It asserts that governments derive their just powers from the consent of the governed and that individuals have the right to alter or abolish a government that becomes destructive to these ends.

Why did the delegates to the Second Continental Congress seek to retain power in the states versus creating a strong central government?

The delegates to the Second Continental Congress sought to retain power in the states to prevent tyranny and protect individual rights. They aimed for a government that respected state sovereignty while ensuring cooperation among states.

Provide four reasons that help explain why the Articles of Confederation failed.

The Articles of Confederation failed due to a lack of strong central authority, the inability to levy taxes, difficulty in passing legislation due to the requirement of supermajorities, and weakness in regulating commerce between states.

What were the primary differences between the Virginia and New Jersey Plans?

The Virginia Plan favored larger states with representation based on population, advocating for a bicameral legislature, while the New Jersey Plan supported smaller states by proposing equal representation, keeping the existing unicameral legislature intact.

What major compromises did the drafting of the Constitution entail?

The drafting of the Constitution involved major compromises such as the Great Compromise, which created a bicameral legislature balancing representation between large and small states, and the Three-Fifths Compromise, which determined how slaves would be counted for representation and taxation.

Which powers are provided to Congress through the necessary and proper clause, and why are these important?

The necessary and proper clause, also known as the elastic clause, grants Congress the authority to pass laws deemed necessary to execute its enumerated powers. This flexibility allows Congress to adapt to changing circumstances and fulfill its legislative responsibilities effectively.

How did the Constitution originally address the institution of slavery?

The Constitution originally addressed slavery by including provisions such as the Three-Fifths Compromise, which counted each slave as three-fifths of a person for representation, and allowed the continuation of the slave trade for twenty years after ratification.

Who were the Federalists and Antifederalists, and what were their main points of disagreement?

The Federalists were advocates for a strong central government and the ratification of the Constitution, emphasizing the need for stability and order. The Antifederalists opposed this view, fearing that a strong national government would threaten individual liberties and state sovereignty.

What is the Bill of Rights, and whose rights is it guaranteed to protect?

The Bill of Rights is the first ten amendments to the United States Constitution, guaranteeing fundamental rights such as freedom of speech, religion, and the press. It is designed to protect the rights of individuals against government infringement.

What are the two methods through which constitutional changes can be proposed, and what are the two methods for ratifying those changes?

Constitutional changes can be proposed either by a two-thirds majority in both houses of Congress or by a constitutional convention called by two-thirds of state legislatures. For ratification, changes must be approved by three-fourths of state legislatures or by conventions in three-fourths of the states.

What are the guidelines used by judges for interpreting the Constitution?

Judges use several guidelines for interpreting the Constitution, including originalism (interpreting the text as it was understood at the time of its enactment), textualism (focusing on the ordinary meaning of the text), and considering the Constitution's broader principles and intent.

What values does the Constitution secure? What values were not priorities at the time the Constitution reflect the pluralist or majoritarian model of democracy?

The Constitution secures values such as liberty, justice, and individual rights. However, it did not prioritize issues like racial equality or women's rights at the time of its creation, reflecting more majoritarian principles over pluralist representation.