GOVT 421 Final Exam

Doctrine of the Lower Magistrate

Reformed Protestant idea that lower authorities can resist tyrannical rulers; applied in America as colonial leaders legally justified independence from Britain through Congress, acting under 'Laws of Nature and Nature's God.'

Declaration of Rights and Grievances

1774 - First Continental Congress document asserting rights as Englishmen, rejecting British tyranny, covertly threatened independence.

Declaration of the Causes and Necessity of Taking Up Arms

1775 - Second Continental Congress justified armed resistance based on violated rights, covertly hinted at independence.

Why would the second Continental Congress finally move towards independence?

Britain violated chartered liberties and Rights of Englishmen; colonies sought to retain self-government under lawful authority.

Lee Resolution

Proposed independence, foreign alliances, and a plan for confederation on June 7, 1776.

Declaratory Act (1766)

Asserted Parliament's power over colonies 'in all cases whatsoever'; condemned as tyrannical in colonial documents.

Declaration of Independence adoption - who and when?

Adopted by the Second Continental Congress on July 4, 1776

What is the significance of the Declaration of Independence

Made the U.S. a sovereign nation and is the legal charter and founding document of the U.S.

Five areas of the nature of the Declaration of Independence

1. Transfers allegiance from Britain to the U.S.

2. Declares political union of the colonies.

3. Legal claim based on 'Laws of Nature and Nature's God.'

4. Asserts the Doctrine of the Lower Magistrate.

5. Lists grievances showing violations of British constitutional rights.

What best represents the main substance of the Declaration of Independence?

The 28 grievances show British violations of the Rights of Englishmen, grounded in Magna Carta, Petition of Right, English Bill of Rights.

Is the Declaration of Independence philosophically 'Deist'?

No, it refers to 'Nature's God' and 'Divine Providence', showing God as both rational and relational, not strictly Deist.

What famous document was also drafted while the Declaration of Independence was underway, and which governed the new republic for eight years?

Articles of Confederation, governed the U.S. from 1781-1789.

What is the nature of the Dunlap Edition of the Declaration of Independence?

The first printed version of the Declaration, produced by John Dunlap on July 4, 1776, used for immediate distribution to colonies and military leaders; it was unsigned and intended for public proclamation.

Engrossed Declaration of Independence

Handwritten on parchment, signed by delegates, official final form, completed on August 2, 1776.

Dunlap Edition (July 4, 1776)

First printed, unsigned, for immediate public use.

Nature of the Articles of Confederation

A confederal system based on state sovereignty and cooperation among independent states; emphasized a "firm league of friendship" with no strong central authority, reflecting distrust of centralized power.

Articles of Confederation problem: no power to tax

lacked revenue

Articles of Confederation problem: no executive or judiciary

only a weak congress

Articles of Confederation problem: no power to regulate trade

domestic and international issues

Articles of Confederation problem: no power to enforce treaties

foreign relations suffered

Articles of Confederation problem: dependent on states

voluntary compliance, no coercion

Articles of Confederation problem: no uniform currency

states issued their own money

Articles of Confederation problem: domestic unrest

Shays' Rebellion exposed weakness

Articles of Confederation problem: jealousy between states

favored local over national interests

Articles of Confederation problem: no national army

couldn't defend against internal or external threats

What was the main impetus for the U.S. Constitutional Convention?

The weaknesses of the Articles of Confederation, especially Congress's lack of power to enforce laws, regulate commerce, raise revenue, and maintain order, led to the Constitutional Convention of 1787 to create a stronger national government.

Significance of Madison's Vices of the Political System (1787)

A critical analysis of the Articles of Confederation, exposing flaws in state sovereignty and confederal government; it helped shape the agenda for the Constitutional Convention, calling for a stronger, more coercive federal authority

John Quincy Adams on Declaration & Constitution

Adams argued that the Declaration of Independence and the U.S. Constitution are linked, with the Constitution being the practical fulfillment of the principles declared in 1776, forming a government to secure those rights.

Why is the methodology of Constitution-crafting significant?

It reflects authority and sovereignty - whether legislatures or the people have ultimate power to create and approve a constitution.

Who drafted the Articles?

Second Continental Congress (1777), led by John Dickinson's committee.

Who drafted the US Constitution?

Federal Convention (1787), delegates from the states.

Who adopted the Articles?

Second Continental Congress (1777).

Who adopted the US Constitution?

Federal Convention (September 17, 1787).

Who ratified the Articles?

Thirteen state legislatures.

Thomas Burke on Power under the Articles

Burke emphasized the limits of Congressional power, stressing that true power should remain with the states, and any central authority must respect state sovereignty to preserve liberty.

Samuel Rutherford's main argument in Lex, Rex

Law is above the king; rulers must obey God's law and serve the common good.

When is resistance lawful according to Rutherford? -

When rulers become tyrannical and violate God's law or oppress the people.

Theological basis for Rutherford's political thought

Rooted in Reformed Protestantism, emphasizing covenantal relationships between rulers and the governed.

What defines tyranny for Rutherford?

Ruling without regard to law, especially God's law.

Duty of lesser magistrates according to Rutherford

They must resist higher authorities who defy divine or natural law.

How does Rutherford interpret Romans 13?

Obedience to rulers is conditional; only required if rulers uphold justice.

Resistance vs. rebellion in Rutherford's view

Resistance is lawful defense of liberty and godly order, not rebellion.

Connection to the Founding Fathers

They saw resistance to tyranny as obedience to God, influenced by Rutherford's ideas.

Symbols were used to enhance founder's rhetoric or narrative for liberty

the Liberty bell, liberty tree, etc.

Driesbach 3 types of liberty

natural, civil, and Christian liberty

Natural liberty

the freedom in the state of nature, given up once a society is entered.

Civil liberty

liberty not relinquished upon one's entrance of the social contract. It includes the liberties gained from the social contract, such as safety and security

Christian liberty

The liberty a Christian enjoys through Christ and that frees the believers from the bondage of sin and the yoke of the law.

Revisit the Declaration of Independence and correlate his section on 'Actions Against Slavery,' with one of the listed grievances within the Declaration.

Jefferson's grievance about the King inciting domestic insurrections reflects his view that British interference supported slavery and provoked unrest, making slavery harder to address.

Founders' view on slavery

Many Founders saw slavery as morally wrong but tolerated it for political unity.

Thomas Jefferson's stance on slavery

Jefferson criticized slavery and blamed the King for protecting it in the colonies.

Grievance in the Declaration tied to slavery

"He has excited domestic insurrections amongst us," referencing fears about slave revolts influenced by British policy.

West's defense of the Founders

They laid the principles for eventual abolition, even if slavery wasn't ended immediately.

Natural rights and slavery

Slavery contradicted the Founders' belief in natural rights, but political realities delayed action.

Jefferson's original draft of the Declaration

Included a condemnation of the King for imposing slavery on the colonies, later removed for unity.

Why didn't the Founders abolish slavery?

Feared disunion; prioritized forming a united republic over immediate abolition.

Albany Congress had at least three

confederation plans presented.

Albany plan was superior to

the Articles

Had the Albany plan been in place of the Articles, it would have probably survived far longer, but would eventually made our system more

parliamentary like Britain.

Many members were so concerned with their own state political power that their vision for how to effectively set up a

national government was clouded.

Aside from a narrower grant of power to Congress, and a unicameral legislature in which each state had one vote, the Articles differed from the U.S. Constitution mainly in

placing the Court directly under Congress and in having the Committee of the States (one delegate from each state) instead of a single executive.

Articles of confederation created something new:

a liberal provision for statehood.

American Whiggism in the Articles turned into

American Federalism in the Constitution.

On the eve of revolution, __ percent of white males could vote.

65

11 of 15 states, by 1792, had reduced or abolished their formal

property requirements.

Arguments for the property qualifications:

Consent and securing rights

Jefferson believed in a creator, but because he found the idea of the trinity and miracles to be

irrational, he often chose rationalism over the truth of Christianity.

Jefferson was certainly not a

deist