AHTG Section 2: The Birth (and rebirth) of the Constitution

What are the problems James Madison identities in “Vices of the Political System of the United States”?

There are problems within the states (multiplicity, mutability, injust, and impotence of laws)

problems in the people (majority vs minority, private interests vs public good)

states are trespassing on other states rights. 

What is the solution James Madison proposes in “Vices of the Political System of the United States”?

The solution is a more powerful national government, and states need to be coerced by national government

What is John Adams’ key point in “Thoughts on Government”?

Better institutions are key for a better government. We need a bicameral legislature, independent judiciary, and a strong governor with veto power and annual elections

What are the different parts of the Constitution?

Preamble, legislative, executive, judical, states, amendments, supremacy, ratification

Preamble of the constitution

we the people, more perfect union, establish justice and promote welfare, secure blessings of liberty

Article 1 of the Constitution

Legislative- bicameral: house by population (2 year terms), senate is equal (6 year terms), power include taxation, war, commerce, etc., necessary and proper clause

Article 2 of the Constitution

Executive- single president, 4 year terms, impeachment, electoral college, powers include commander in chief, treaties, enforcing laws, etc.

Article 3 of the Constitution

Judicial- establishes supreme court, outlines jurisdiction, defines treason, independent branch

Is judicial review in the constitution?

NO! it was established by Marbury v Madision

Article 4 of the Constitution

States- one body of many states, responsive to federal government

Article 5 of the Constitution

Amendments- to amend the constitution 2/3 of congress must propose and ¾ of states must ratify

Article 6 of the Constitution

Supremacy- the constitution is the supreme law of the land

Article 7 of the Constitution

Ratification- 9/13 states must ratify, consent of the constitution

What does Yuval Levin say is constitutionalism?

the broader way in which we think about what the Constitution

What does Yuval Levin say are the different frameworks we can think about the constitution?

legal framework, policymaking framework, institutional framework, political framework, unity framework

What does Levin say is the legal framework?

the constitution establishes a set of rules that can be put into effect by public officials and interpreted by judges in response to cases and controversies

What does Levin say is the policymaking framework?

the constitution is a set of tools and authorities that enable a government to address practical problems in response to needs and events

What does Levin say is the institutional framework?

the constitution establishes a set of formalized bodies (congress- future, presidency-present, court-past) that each has a distinct structure and character and carries out a particular kind of work

What does Levin say is the political framework?

the constitution refers to politics in its highest sense, not as a contest for power but as a common life of a community

What does Levin say is the unity framework?

the constitution is designed to unify a diverse and divided society

What were the key issues at the constitutional convention?

representation, federalism, executive, slavery

What is the Virginia Plan?

Sovereignty in the nation

National legislature with 2 house (lower house by population and upper house elected by lower house), executive elected for 5 year terms, judiciary chosen by legislature, council of revision (legislature/judiciary could veto national and state laws)

What is the New Jersey Plan?

State sovereignty.

Congress the same as under the articles of confederation, states represented equally, some form of national executive, judiciary

What was the compromise between the Virginia and New Jersey Plan?

bicameral legislature (lower house by population, upper house by state), stronger national government

What is the principal-agent problem?

principal delegates power to agent but can’t easily determine whether agent is acting in our best interest

What is the main responsibility of the president?

take care that the laws be faithfully executed

What is the electoral college?

how the president is elected (a compromise)

you vote for electors chosen by the states that then vote for the president, winner takes all system in allocating electoral votes

What are criticisms of the electoral college?

electors don’t exercise independent judgement, popular vs electoral winners, unequal representation, uneven campaign

Are the Anti-Federalists in favor of a large or small republic?

small republic

What was the small republic argument?

large republics have always failed

small republicans can be unified, diversity make government difficult

in a large republic the people will not watch over their representatives

Where the Federalists in favor of a small or large republic?

large republic

What is the large republic argument?

diversity of large republic will lead to better forms of governance

What is a faction?

a group (majority or minority) that have a common interest that are disagreeable by the rights of the individual citizens or community

How does the body of constitution protect rights?

principle of consent “we the people”

provisions that protect rights by protecting against arbitrary government and promoting the rule of law

the institutions created

How does Danielle Allen in “The Flawed Genius of the Constitution” view the constitution?

the constitution seeks to achieve public aims, commitment to the principles that lead to a “more perfect union”

How does Levitsky and Ziblatt in “How American Democracy Fell So Far Behind” view the constitution?

the constitution is outdated and hard to amend, the constitution allows for minority rule and that the minority has little respect for liberty and rights

What is Thomas Jefferson’s argument in “Correspondence on a Bill of Rights”?

a bill of rights is nice to have because the national government is so powerful

even though it won’t be perfect we should list as many as we can

we need something to hold the national government accountable to

What is James Madison’s argument in “Correspondence on a Bill of Rights”?

a bill of right is not needed because there are already provisions that act as one in the constitution

we can’t list every right

bills of rights in the states aren’t effective

federalism serves as a check to hold government accountable

What are broadly constructed rights?

rights that are abstract and general

What are the pros/cons of broadly constructed rights?

Pros: can capture more, easier to agree upon

Cons: rights can overlap, can include a lot of things

What are narrowly constructed rights?

rights that are concrete and specific

What are the pros/cons of narrowly constructed rights?

Pros: clear interpretation, easy to enforce

Cons: won’t capture all rights

What amendments include the bill of rights?

amendments 1-10

Amendment 1

freedom of religion, speech, press, assembly, and petition

Amendment 2

right to bear arms

Amendment 3

no forced quartering of soldiers

Amendment 4

no searches or seizures

Amendment 5

Rights in criminal cases: jury, eminent domain, due process, double jeopardy, self-incrimination (JEDDS)

Amendment 6

right to speedy trial

Amendment 7

right to jury in civil suits

Amendment 8

no cruel and unusual punishment

Amendment 9

rights still exist even if it isn’t written

Amendment 10

rights not writTEN belong to the states

Amendment 11

limits on lawsuits against states

Amendment 12

reforms presidential elections

Amendment 13

abolition of slavery

Amendment 14

citizenship rights

Amendment 15

right to vote

What is a political party?

organized attempt to gain power by gaining control of government by winning elections

Why are political parties helpful?

Because we have differences

Solve collective action problems: help organize politics and win elections

Help voters because parties have reputations and simplicity options

Are political parties in the constitution?

no political parties are not in the constitution

What is the main message of George Washington’s farewell address?

maintain national unity under the constitution

What are the warnings George Washington gives in his farewell address?

1. Political factions

2. Regionalism

3. Foreign alliances

What is the main message of Thomas Jefferson’s “First Inaugural Address”

“we are all Republicans, we are all Federalists”; striving for unity after 1800 elections

What is Jefferson’s government vision he outlines in his first inaugural address?

limited national government (power to the states, narrow interpretation of constitution)

freedom of religion and press

rights of people and states

What is the effect of third parties?

they can act as a spoiler (takes votes from main party) and can be absorbed by main parties

What does the Federalist Party believe in?

strong central government, broad interpretation of constitution, urban lifestyle, aristocratic leadership

Who are the main leaders of the Federalist party?

Hamilton and John Adams

What does the Democratic-Republican Party believe in?

weak national government, power to the states, narrow interpretation of constitution, rural lifestyle, most virtuous leaders

What does Thomas Jefferson say in the “Kentucky Resolutions”?

states could declare federal laws “void and of no force” if they violate the Constitution

What is Judicial Review?

the power of the judiciary to declare laws of other acts of government unconstitutional

Marbury v Madison outcome

the Supreme Court can interpret the constitution and invalidate laws passed by Congress if they violate constitutional principles (judicial review)

McCulloch v Maryland outcome

constitutional supremacy, congress has power through the necessary and proper clause

What are filters of consent?

mechanisms to create distance between people and government decisions

Democratization

moving government and politics closer to the people

What is George Fitzhugh’s main argument in “Cannibals All!”

Northern manufacturer’s relationship to their free labors is worse than slavery. The Declaration of Independence is not based on consent

What is Frederick Douglas’ main message in “What to the Slave is the Fourth of July?”

the slave cannot rejoice on this day

slavery is a contradiction and hypocrisy at the heart of America

the constitution should be a glorious freedom document

What is sectionalism?

each region develops separate identity, lifestyle, political and economic morality

What is John C. Calhoun’s message in “A Disquisition on Government?”

Human nature is self interested. We need to limit government without limiting its power → concurrent majority

What is a concurrent majority?

you need a majority from all subgroups

What is the main message Andrew Jackson gave in “Speech on Indian Removal”

The views of the settlers take precedent over the views of the Indians because the Indians’ way of life does not count for protection

What is the message in “Memorial of the Cherokee Nation?”

Rights of the Cherokee nation depended on what the states wanted. Cherokee tried to fit into American standards, but still wasn’t enough. 

What are Henry David Thoreau’s thoughts in "Civil Disobedience”

Human beings have a natural sense of justice and liberty

Governments corrupt these natural sense

Government state institutions are coercive

Government should be avoided

Individuals should feel no duty or obligations to the state

What does Charles Sumner say in “The Barbarism of Slavery”

No time for soft words

Slavery is of the devil; constitution doesn’t support slavery

Just because slavery is widespread, doesn’t make it right

How did Andrew Jackson change presidential campaigns in the 1824 election?

Jackson got people to vote through rallies, slogans, and by bringing the government to the people

How did Andrew Jackson expand democracy?

He brought the government closer to the people

He created a strong presidency

Expanded voting rights (all white men can vote)

How did Andrew Jackson contradict democracy?

He excluded slaves, women, and Native Americans in voting rights

Some say he was a tyrant in the presidency

He was violent towards opposition

Federalist 1

Written by Hamilton- introduced the purpose of the Federalist Papers: to argue ratifying the US Constitution; opportunity to consciously step out of the human predicament cycle

Federalist 9

Written by Hamilton- the Constitution improves upon past republics and avoids their failures

Federalist 10

Written by Madison- large republic under the Constitution is the best defence against the dangers of factions; by extending the sphere of the republic it becomes harder for any single faction to dominate

Federalist 39

Written by Madison- the constitution establishes a government that is both national and federal; power comes from the people and is distributed between states and central government

Federalist 51

Written by Madison- the Constitution’s system of checks and balances and separation of powers protects liberty

Federalist 70

Written by Hamilton- strong, energetic, executive. A single president is needed for accountability, decisiveness, and protection against tyranny

Federalist 78

Written by Hamilton- the Judiciary is the weakest branch that relies on judgement, not the sword or purse

What is the key message in Abraham Lincoln’s Gettysburg address?

Our gov’t of the people, by the people, for the people shall not perish

Brings Declaration of Independence and Constitution together

Changes to the constitution will be necessary

What does Alexander Stephens say in “Cornerstone Address”?

Inequality is a base truth for the confederacy

Blacks are not equal to the white man

Subordination is the natural state of blacks

What does James McPherson say is the difference between positive and negative liberty?

Positive liberty: “freedom to”

Negative liberty: “freedom from”

What does the constitution say in terms of slavery?

3/5 compromise

no laws prohibiting slave trade before 1808

required states to return run away slaves to their owners in another states

What are the 6 constitutional failures of the civil war?

Madison’s large republic, federalism, separation of powers & checks and balances, political process, the supreme court, the presidency

Why was Madison’s large republic a constitutional failure?

factionalism became sectionalism and each region has distinct identity