POL 220 exam #2 3/8 part 1

major argument against Constitution

an extended republic won't work

popular sovereignty

the authority to make political decisions

Issues with the Articles of Confederation

-couldn't conduct commerce
-required unanimous decision to amend
-needed 9/13 states to make treaties
-weak national government
-too much power to the states

Albany Plan (1754)

called for the creation of a unified colonial government by Benjamin Franklin in the face of threats by the French and Native Americans during the French and Indian War
-the colonies rejected the plan for fear of losing too much power

Annapolis Convention

a convention aimed to address the issues of interstate commerce
-only five states sent delegates
-agreed to meet a year later

Philadelphia Convention

aimed to revise the Articles of Confederation
-delegates eventually agree a new Constitution is needed

Virginia Plan (Madison)

-constitution
-favored large states- compromise with bicameral legislature
-House of Representatives- proportional representation
-Senate- two representatives per state

New Jersey Plan (Paterson)

-small state plan
-revise the Articles of Confederation
national judiciary and an executive

Federalist argument

a strong national government was needed
-new Constitution

Anti-federalist argument

-anti-strong national government
wanted a Bill of Rights to ensure the rights of the people were upheld
-favored state sovereignty
citizen of the state not a national government
-small agrarian republic

Great Compromise

bicameral legislature
-Senate- equal representation (2 per state)
-House of Representatives- based on population
one representative per 40,000 people

3/5 Compromise

-each slave would count for 3/5 of a person for taxation and representation purposes
increase representation in slave states

ratification

required 9/13 states
-stalled in Virginia and New York (key states)

Virginia opposition to Constitution

-lacked Bill of Rights
Madison argued state constitutions already contained a Bill of Rights
agreed to amend constitution if ratified and add a Bill of Rights
-eventually ratified by a margin of 10 votes

New York opposition to Constitution

-Alexander Hamilton vs. George Clinton
Federalist Papers- many of which were addressed to the state of New York
-eventually ratified by a margin of 3 votes

practices and principles prevalent to sustain a democratic republic

1) mixture of institutional factors and democratic practices

2) those that relate strictly to democratic principles and practices

3) social conditions that are necessary to sustain republican government

heart of American political order

consent of the governed

Institutional Arrangements

-separation of powers

-checks and balances

-independent judiciary

-federalism

Rule of law

1) No arbitrary rules

2) Positive law has to uphold the Natural law

3) Respect and reverence for the law

Purposes of government

1) secure Natural rights

2) promote the common good

Measured/Ordered liberty

1) order

2) liberty

-government must ensure order whilst maintaining liberty

Equality

1) Equal application of the law

2) Equal rights for all citizens

3) Equal justice for all citizens

-not egalitarian

-natural aristocracy (merit) not hereditary

most important guarantees of political rights

-freedom of speech

-freedom of the press

-freedom of religion

-freedom of the assembly

Strictly Democratic Principles and Practices

-popular sovereignty

-limitation of franchise to those who demonstrate some permanent attachment to the community

-measured liberty

-political equality with some limitations

-guarantee of various political and legal rights

-right to trial by jury

-right to habeas corpus

habeas corpus

a legal order for an inquiry to determine whether a person has been lawfully imprisoned; writ

display Locke’s natural right to life, liberty, and property

-Virginia Bill of Rights

-Massachusetts Constitution

Social conditions

-religion

-education

-morality

-virtue

-mores

-commitment to freedom and republican principles

-prosperity

-economic factors

-respect for law

-respect for the common good

-natural aristocracy

mores

-marital fidelity

-centrality of the family

-frugality

-temperance

-self reliance

-honesty

-obedience

Potential weaknesses in the Founding Vision

-turning away from religion

-materialism

-lack of emphasis on the centrality of the family

-absence of rule of law

Federalist No. 1

-Alexander Hamilton

-Constitution necessary

• existence of the union

• safety and welfare of the states

-vigor of government

• essential to the security of liberty

-union or dissolution

• weak federal government and loose confederation of states will lead to the downfall of the union

Federalist No. 2

-John Jay

-government must have sufficient power to function and protect liberties

• the people cede some natural rights for the gov’t to exercise their power

-the states have acted as a union

• one people

• enjoyed the same rights

• made peace/war

• made treaties/agreements

Federalist No. 14

-James Madison

-a republic can be extended over a large region, unlike a democracy

• can be sustained at a large scale

• will not impede on the sovereignty of the states

Federalist No. 17

-Alexander Hamilton

-the federal government will not usurp the state governments

• encroachment is more likely to occur from the states

• greater attachment to state background than union

Federalist No. 23

-Alexander Hamilton

-major purposes of the union

• common defense of its members

• preservation of the public peace

• regulation of commerce (interstate and global)

-the government requires sufficient power to carry out its function

• especially on matters of the defense- unforeseeable dangers

Federalist No. 10

-James Madison

- “the mischief of faction” - threat to sustained government

• removing its causes

• controlling its effects

-cannot remove the causes but minimize the effects

-republic (especially) larger republic can minimize factions

faction

a number of citizens (amounting to a majority or minority) united by a common impulse, passion or interest adverse to the rights of other citizens or to the permanent and aggregate interests of the community

Federalist No. 51

-James Madison

-argues for a federalist republic

-checks and balances

-separation of powers

• prevents one branch from becoming too powerful

• does not disrupt the other branches

-republic can guard against oppressive rulers

justice

the end of government and civil society (Federalist No. 51)

Federalist No. 47

-James Madison

-” no political truth is of greater value”

-defends separation of powers between branches and checks and balances

• the legislature cannot perform executive/legislative functions and vice versa

• prevents a tyrannical executive

• exist in state constitutions

Federalist No. 48

-James Madison

-limited mixing of powers rather than one branch exercising the power of another branch

• must be limits on overwhelming power

-don’t want runaway legislative power

• English Parliament following the Glorious Revolution