American Heritage Final

Mercantilism

An economic theory emphasizing the accumulation of wealth through a favorable balance of trade, where government controls the economy to increase national power.

Salutary Neglect

A British policy of loosely enforcing regulations in the American colonies, allowing self-governance and economic flourishing without much interference.

Seven Years' War

A conflict primarily between Great Britain and France (1756-1763) which included various European powers and had a significant colonial component in North America.

Natural Rights

Basic rights every person is born with, seen as universal and inalienable, such as the right to life, liberty, and the pursuit of happiness.

Natural Law

The idea that there are certain laws governing human behavior derived from nature or reason, universal and should guide individuals and governments.

Articles of Confederation

The first written constitution in American history, which created a weak central government; strengths included winning the Revolution, but weaknesses included no power to tax.

Federalism

The division of power between a central (national) government and regional (state) governments, balancing authority and allowing coexistence.

Judicial Review

The power of courts to examine whether a law or government action complies with the Constitution, established in Marbury v. Madison (1803).

Separation of Powers

The division of government responsibilities into distinct branches to prevent any one branch from exercising the core functions of another.

Republicanism

A political ideology advocating for a government where power resides in elected representatives rather than a monarch.

Concurrent Powers

Powers shared by both the national government and state governments, such as the power to tax and establish courts.

Anti-Federalists

Opponents of the U.S. Constitution who feared it would create a strong central government at the expense of states' rights.

Common Sense

A pamphlet by Thomas Paine arguing for American independence that inspired many colonists to support the revolutionary cause.

Shays' Rebellion

Daniel Shays was a former Revolutionary War soldier who led a rebellion against tax and debt policies in Massachusetts. The rebellion alarmed many, highlighting the weaknesses of the Articles of Confederation.

When did the First Continental Congress assemble and what was its purpose?

It met in 1774 to address colonial grievances and protest the Intolerable Acts.

Bill of Rights

The first ten amendments to the Constitution added to address Anti-Federalist concerns about individual liberties and limit government power.

First Amendment

Considered the 'preferred amendment,' it protects fundamental freedoms including speech, religion, press, assembly, and petition.

Establishment Clause

Part of the First Amendment that prohibits the government from establishing an official religion or favoring one religion over another.

Free Exercise Clause

Part of the First Amendment that protects individuals' rights to practice their religion freely, without government interference.

Disestablishment

The principle of separating church and state to prevent the government from favoring any particular religion.

Reynolds v. United States (1879)

A Supreme Court case that ruled religious beliefs are protected, but religious practices that violate the law, such as polygamy, are not.

Engel v. Vitale (1962)

A Supreme Court case ruling that requiring students to recite a prayer in public schools violated the Establishment Clause, as it constituted government-sponsored religious activity.

Kennedy v. Bremerton School District (2022)

The Supreme Court ruled that a high school football coach had the constitutional right to pray on the field post-games, reinforcing religious expression in public schools.

USHE and Freedom of Speech

The Utah State History Education statement emphasizes that freedom of speech is essential for truth, public debate, and democracy, safeguarding the free exchange of ideas.

Schenck v. United States (1919)

A Supreme Court case where the 'clear and present danger' test was established, allowing limitations on speech that poses a danger to national security.

Mill’s Trident Test: Harm to Others

The principle that government can only limit individual liberty to prevent harm to others, not due to moral objections to a person's actions.

Mill’s Trident Test: Preventing Harm to Others

Government intervention must prevent actual or potential harm to others, not just be a reaction to offensive or undesirable actions.

Mill’s Trident Test: Minimum Intrusion

Government intervention should be the least intrusive way of preventing harm, using narrowly tailored laws to respect personal freedoms.

Brandenburg v. Ohio (1969)

A Supreme Court case where the Court ruled that speech can only be restricted if it incites imminent lawless action, stemming from a KKK leader's inflammatory speech.

Major Exceptions to Free Speech

1. Inciting imminent lawless action 2. Fighting words 3. Obscenity 4. Defamation 5. Commercial speech.

How did Mercantilism affect relations between the American colonies and the British?

Under mercantilism, the British restricted colonial trade to benefit the mother country. The colonies could only trade with Britain and were required to send raw materials, leading many colonists to feel exploited and unfairly treated, eventually contributing to revolutionary sentiment.

Why is the Seven Years War considered a major cause of the American Revolution?

The war left Britain with significant debt, leading to increased taxation on the American colonies. The British government also sought more control over colonial affairs, which angered the colonists and fostered resentment.

How long (roughly) did the period of “Salutary neglect” last for? (this is a wide range of dates)

 Salutary neglect lasted from the early 1700s until the 1760s when Britain began to tighten control over the colonies, particularly after the Seven Years' War.

What did the period of salutary neglect foster in the colonies?

 It fostered a sense of self-governance in the colonies, as they had managed their own affairs with little interference from Britain.

What are some important events in the 1770s that affected American heritage?

• The Stamp Act (1765) and Townshend Acts (1767) were key moments when Britain imposed taxes on the colonies.

• The Boston Massacre (1770) fueled anti-British sentiment.

• The Tea Act and subsequent Boston Tea Party (1773).

Important events in the 1770s leading up to the Revolution?

• The Intolerable Acts (1774) in response to the Boston Tea Party.

• The First Continental Congress (1774).

• The battles of Lexington and Concord (1775), marking the start of open conflict.

When did the Second Continental Congress assemble and what was its purpose?

• It met in 1775 and took on the role of governing during the war, eventually declaring independence from Britain in 1776.

Thomas Paine: who was he? Where was he from? Why did he become famous?

an English-American political activist and philosopher, known for his influential pamphlet "Common Sense" that advocated for American independence from Britain.

What is a Loyalist?

an American colonist who remained loyal to the British Crown during the American Revolutionary War, often opposing independence.

What is a Patriot?

an American colonist who rebelled against British control during the American Revolutionary War, supporting independence and self-governance.

Purpose of Common Sense?

To advocate for American independence from Britain and encourage colonists to break away and reject the monarchy

Why was "Common Sense" so successful?

It effectively communicated complex ideas in simple language, resonating with a wide audience and motivating many to support independence.

True or false: Paine’s purpose in writing Common Sense was to attack monarchy itself.

Paine criticized monarchy as an illegitimate form of government and argued for a republic.

Lesson of Paine’s fable about the "Ass and the Lion"?

The fable illustrates the dangers of blind loyalty and the importance of critical thinking in governance, showing how the powerful can manipulate the weak.

What did Jefferson mean by "The tree of liberty must be refreshed, now and then, with the blood of patriots and tyrants"?

Jefferson suggested that periodic struggle and sacrifice are necessary to maintain freedom and prevent tyranny, emphasizing the need for vigilance in defending liberty.

Why were Abigail Adams and some of the "nationalists" critical of Shays' Rebellion?

They believed it threatened the stability of the new government and highlighted the weaknesses of the Articles of Confederation.

What are "Natural Rights"?

Fundamental rights inherent to all individuals, such as life, liberty, and property, that cannot be surrendered or transferred.

What is "Natural Law"?

is the idea that there are certain laws or rules governing human behavior that are derived from nature, reason, or divine will. These laws are universal and can be discovered through human reason. individuals and governments should follow these principles to create a just society. It’s a theory that argues there are certain moral truths that exist independently of human-made laws.

Articles of Confederation: Strengths and Weaknesses?

• Strength: It successfully won the American Revolution by uniting the states under a central government.

• Weaknesses: No power to tax, no executive branch, and no national court system.

How did the Articles of Confederation contribute to the creation of the U.S. Constitution?

• The weaknesses of the Articles led to calls for a stronger central government, ultimately resulting in the drafting of the U.S. Constitution.

Confederation

A loose alliance of states with a weak central government. It contrasts with a unitary republic, where power is concentrated in a central government

The Articles of Confederation were the first ________ ________ in American history

Written Constitution

Why was the Confederation Congress "weak by design"?

• The Articles were designed to prevent any one branch of government from becoming too powerful, reflecting the fear of centralized authority after Britain’s rule.

Northwest Ordinance of 1787: Importance?

• It established a process for admitting new states and prohibited slavery in the new territories, ensuring westward expansion could occur in an orderly manner.

How did Shays' Rebellion influence the framers of the U.S. Constitution?

The rebellion highlighted the need for a stronger central government to maintain order, leading to the Constitutional Convention in 1787.

Why is the period between 1783 and 1787 called the "Critical Period"?

It was a time when the weaknesses of the Articles of Confederation became apparent, leading to calls for a stronger, more effective government.

Constitutional Convention

(1787) was a meeting held in Philadelphia where delegates from the states gathered to revise the Articles of Confederation. Instead of just making changes, they decided to create a new constitution, which established the framework for the United States government. The result was the U.S. Constitution.

Who were the Anti-Federalists?

opponents of the U.S. Constitution, fearing it would create too strong a central government at the expense of states' rights.

Mercy Otis Warren: Who was she?

an influential writer and political thinker who supported independence and was critical of the Constitution, advocating for a Bill of Rights.

What is Republicanism?

a political ideology advocating for a government in which power resides in elected representatives rather than a monarch.

The United States constitution is the longest functioning _____ constitution in the world?

Written

Why did the framers meet in secret?

To avoid outside pressure and influence, and to allow for open debate without fear of public criticism.

Most active framer in the drafting of the Constitution?

James Madison is often considered the most active framer, contributing significantly to the structure of the Constitution.

Federalists' belief in a ______ national government?

Strong, or centralized.

What is Separation of Powers?

refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. In the U.S., this is typically divided into three branches: the Legislative Branch (Congress), the Executive Branch (President), and the Judicial Branch (Courts). This system helps prevent any one branch from gaining too much power, ensuring a system of checks and balances.

What is Popular Sovereignty?

the principle that the authority of government is created and sustained by the consent of its people. In essence, the people are the ultimate source of governmental power. This idea is foundational to democracy, particularly in the context of the U.S. Constitution.

 Federalism: What is Federalism?

the division of power between a central (national) government and regional (state) governments. It’s a balance between two extremes: unitary systems, where all power is held by a central government, and confederations, where power is primarily held by the states. Federalism allows for a balance of authority, enabling both national and state governments to coexist and operate within their respective spheres of influence.

What are "Concurrent Powers"?

powers that are shared by both the national government and the state governments. These include things like the power to tax, the power to borrow money, and the power to establish courts.

What is "Judicial Review"?

the power of courts to examine and decide whether a law or government action is in accordance with the Constitution. The concept was established in Marbury v. Madison (1803). It ensures that legislative and executive actions comply with constitutional principles.

What is Jurisprudence?

the theory or philosophy of law. It involves studying the nature of laws, the legal system, and the principles that guide judicial decisions. can vary from one legal system to another and influences how judges interpret the law.

 First Amendment - "Preferred Amendment”

The First Amendment is considered "preferred" because it protects fundamental freedoms such as speech, religion, press, assembly, and petition. These rights are considered essential to a functioning democracy.

Two Primary "Religion Clauses" in the First Amendment:

1. Establishment Clause: Prohibits the government from establishing an official religion or favoring one religion over another.

2. Free Exercise Clause: Protects individuals' rights to practice their religion freely, without government interference.

what are the major exceptions to free speech

• To incite imminent lawless action 

• Fighting words

• Obscenity

• Defamation

• Commercial speech