AP GOPO - Founding Documents

three branches of government and their purpose

legislative (congress-- controls money), executive (enforces the law), and judicial (interprets the law)

seven weakness of the articles of confederation

1. unicameral government
2. no national court system
3. congress couldn't regulate trade (no control over commerce)
4. unable to tax
5. took ¾ of the states of the 13 to add additions to the Articles
6. it took a unanimous vote to ratify the Constitution
7. the Articles promoted states' individual identity instead of promoting a nation identity

passage of the northwest ordinance of 1787

- biggest accomplishment of continental congress
- established a government for the Northwest Territory, outlined the process for admitting a new state to the Union, and guaranteed that newly created states would be equal to the original thirteen states

land ordinance of 1785

set the standards for settlements in the west

shay's rebellion

- farmers weren't paid by congress and revolted because of it - let society know that the Articles were too weak
- single event that triggered the downfall of the Articles

constitutional convention

- catalyst for the spring of 1788 Convention
- amendments made: articles thrown out, constitution introduced

major compromises

1. virginia plan 2. great compromise 3. three-fifths compromise 4. commerce and slave trade compromise

virginia plan

introduced a 3-branch government/2-house Congress)
- legislative branch: makes all laws and taxes
(introduced in Article 1; why: people > power)
- executive branch: (executes law)
- judicial branch: (governing power/interprets laws) - congress: (house & senate) controls revenue - president: commander in chief/controls the army

the great compromise

- created a two-house legislature (Congress)
- creation of Senate (every state gets one vote) made small states happy (not based on population)
- creation of the House made big states happy (representation based on population)

three fifths comprimise

- pushed the issue of slaver back 80 years
- kept the Southern states happy by counting every state that had institutional slavery by making every slave count ⅗ towards representation

commerce and slave trade comprimise

- agreement to not address slavery for 20 years and to not tax exports
- gave the federal government some power over commerce, with some restrictions. congress could levy a tax on people imported and used as slaves

bill of rights

- set of civil liberties guaranteed by natural rights, despite where in the country you were born in/who you are - author: james madison

natural rights

- rights given to all humans, simply for the sake of being human

inevitable rights

rights that cannot be surrendered, sold, or transferred to someone else

who is the author of federalist 10

james madison

what event happened to cause madison to write federalist 10, and what does he argue because of it

- shay's rebellion - he argues that in order to control factions a strong central government is essential

factions

groups of people who gather to protect like intrests

what two ways did madison argue about working against factions and what did he argue was the most effective (and why)

there are two ways: 1. controlling the effects of factions - most difficult, but doable
2. removing the causes of them - directly unconstitutional

republic

votes for what is represented

direct democracy

supremacist

what does madison argue about factions? (regarding formation and representation)

he argues that factions are inevitable, all aren't bad, and negative effects can be helped by representation

why does madison say direct democracy is falliable?

because the strongest and most dominant factions can bully minorities and can take away their voice

author of federalist 51

james madison

what does james madison argue for in federalist 51?

there should be a strong centralized government with checks and balances to maintain the power

who is the author of federalist 70?

alexander hamilton

what does hamilton argue for in federalist 70?

the executive branch having a commander in chief (president),

does hamilton argue in favor of one or multiple presidents, and why?

one president, because giving more than one person equal power than competition is inevitable, and they disagree and take their focus off what is most important (the people)

who is the author of federalist 78?

alexander hamilton

judicial reveiw

reviewing other branches to make sure they are following the law

marbury v madison

strengthened the judicial branch's power by establishing judicial review

why does hamilton argue for separation of powers?

if there were not a supreme court to clarify constitutionality the president/congress could do whatever they wanted to without consequence

who was the author of brutus I

robert yates

what did brutus I respond to

anti-federalist response to the proposed constitution and the federalist papers

what did brutus I say?

it argued that the decision that the people made will impact future generations, and said that if the people thought that the constitution secured their natural rights then they should vote for it

did brutus I argue in favor for a central government and why?

against a central gov; asked if it is best to maintain a confederacy or loose it altogether and and one individual rights to the central government

elastic (necessary and proper) clause

- what gives the constitution power
- allows the government to stretch beyond its literal description

supremacy clause

makes clear that the Constitution, federal laws, federal regulations, and treaties take superiority over similar state laws

example of implied powers supporting expressed powers

congress call for an arm (expressed powers) it is an implied power that congress is going to call it

implied powers

political powers granted to the United States government that aren't explicitly stated in the constitution

expressed powers

powers of the national government explicitly listed in the Constitution

inherent powers

not explicitly states in constitution that allows the government to take actions in order to efficiently preform essential duties

inherent powers example

regulating immigration

reserved powers (fed/state & example)

state powers
education, distribution of aid, setting up local government, maintaining justice system

denied powers (fed/state & example)

federal and state, powers that congress has that are not stated directly in the constitution, states do not have the power to coin money or give titles of nobility

congress cannot:

pass bills of attainder (charges/convicts a person w/o due process), suspend wit of habeus corpus (requiring a person under arrest to be brought before a judge or into court), pass ex-post facto laws

exclusive powers

powers reserved to the federal government or the states

concurrent powers

shared powers

delegated pwoers

inherent, expressed, and implied powers

author of letter from birmingham jail

martin luther king jr

what was the letter from bham jail instigated by?

a joint statement released by eight alabama clergymen

four steps to civil disobidience

1. collection of the facts to determine if injustices exist 2. negotiation 3. self-purification 4. direct action

what was the main message of the letter from birmingham jail?

people have a moral responsibility to break unjust laws and to take direct action rather than waiting potentially forever for justice to come through the courts

author of declaration of independence

thomas jefferson

who was the author of the declaration of independence speaking to?

king george III, loyalist colonists, and other countries

what countries was the declaration of independence pointed to and why?

france and spain; both countries hated england and the declaration appealed for help from both

what issues did the colonists have with king george?

taxation without representation, dissolving colonial legislation, quartering soldiers, failing to act on legislation, kangaroo courts, soldiers among people

what was the main message of the declaration of independence?

that it is a responsibility to fight against those who oppress them
intent was to fight for the independence and explain why there was reason to fight