American Government Midterm

American Ideologies

1. Individualism (rationality, consent)
2. Liberty
3. Equality
4. Representation through Popular Choice (elections)
5. Limited Government (Constitutional Government)
6. Property
7. Rule of Law (Order)

Authoritarian Government

Holds power and makes decisions without consent of governed; power is not limited by constitution or law. Often characterized by the suppression of dissent and control of the dissemination of information. Example: Saudi Arabia, Iran.

Totalitarian Government

A government that asserts total control over the \n lives of individuals; strong central rule that governs by coercion and repression. Example: North Korea.

Constitutional Government

A government with authority but with strict limits on what (substantive limits) and how (procedural limits) government functions relative to individuals.

American Dream

1. Education/literacy
2. Success
3. Freedom (to make your own choices), autonomy, privacy, security, laws to protect citizens
4. Family, traditional “white picket fence” w/ a job and home
5. the ability to make something from nothing (a business, building wealth, making your mark on the world \[for your family and future generations\])
6. the land of opportunity
7. equal opportunity, liberty and justice for all
8. owning property
9. security
10. freedom to defend yourself (second amendment)

Why are governments necessary?

1. to keep order and maintain the freedoms of our nations’ citizens, security
2. to keep power in the hands of the people not one person
3. trade and international relations
4. rules, laws, balance
5. ability to have a free market
6. the social contract - the involvement of citizens in the government (we choose to enter into the social contract because we have free will); entering in the social contract allows us to enjoy all of the freedoms listed above

Social Contract Theory

a philosophy of government with a role for citizens; addresses the legitimacy of authority of “the state” (government) over the individual - CONSENT. We enter into the social contract, giving up some of your autonomy, in rider to gain the benefits, protection f the government. We are able to do this because we are rational thinkers with autonomy and free will. Ex. of this are the police force, we agree to give up some of our money (through taxes) in order to relieve the protection and support of the police force.

Rules of Natural Law

Integral to the theory of natural law, natural rights are rights endowed by birth and not dependent on the laws or customs of any particular culture or government. As stated in the United States Declaration of Independence, for example, the natural rights mentioned are **“Life, Liberty, and the Pursuit of Happiness.”**

State of Nature

Enlightenment theorists (Thomas Hobbs in 1651, John Locke in 1689) had an emphasis on rationality. They differed on what form/size of government was best and on the character of human nature.

Enlightenment

paved the way for individuals to have natural rights because they are alive

Enlightenment Theorists

have an emphasis on rationality.

John Locke

John Locke believed humans were rational and inherently good; and in joining the social contract freely allows people will enjoy the benefits of the govt

Thomas Hobbes

crude, nasty, and evil is what Thomas Hobbes viewed as the state of nature/human nature.

Consent of the governed

to enter into the social contract

Mayflower Compact, 1620

English settlers seeking religious freedom from the church of England made a contract with the Virginia Company to establish a settlement. They created the Mayflower Compact, an agreement for their settlement before they stepped off the ship. This was their social contract - not everyone agreed or was allowed to sign the compact, but everyone agreed to abide by it.

What was the purpose of the Declaration of Independence?

to express the international legal sovereignty of the US. The Declaration announced the US to the global community as a sovereign nation, that was free to trade as well as form alliances.

When was the Declaration of Independence ratified?

July 4, 1776. The first copy was printed July 5, 1776.

When was the Articles of Confederation adopted?

Articles of Confederation adopted November 15, 1777.

Contents of Article I in the Articles of Confederation.

Article I - The Stile of this confederacy shall be, “The United States of America.”

Contents of Article II in the Articles of Confederation.

Article II. Each state retains its sovereignty, freedom and independence, and every Power, Jurisdiction and right, which is not by this confederation expressly delegated \n to the United States, in Congress assembled (most problematic article).

Contents of Article III in the Articles of Confederation.

Article III. The said states hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their Liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.

Structure of the government under the Articles of Confederation.

Congress and the Committee of the States.

What was Congress able to do under the Articles of Confederation?

1. Declare war, make peace
2. Requisition men and money from states
3. Borrow money and issue bills of credit
4. Fix uniform standards of weight and measurement
5. Create admiralty courts
6. Create a postal system
7. Adjudicate disputes between the states upon petition

What was Congress not able to do under the Articles of Confederation?

1. Provide for effective treaty-making
2. Compel states to meet military quotas
3. Regulate interstate and foreign commerce
4. Collect taxes directly from the people
5. Compel states to pay their share of government costs
6. Provide and maintain a sound monetary system or issue paper money

Governing under the Articles…

1. Unity through the “league of friendship” was largely for the purpose of “defense”
2. State delegations differed in size (ranging from 2-7), but each state got one vote in Congress
3. Members of Congress were appointed by state legislatures, term limited to 3 of 6 years
4. Taxation was based on the value of buildings and land, not on population
5. In order to amend the Articles, 13 of 13 states must agree

Problems with the Articles of Confederation…

1. Article II: “Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.”
2. Each state behaved as if it was its own nation—entered alliances with foreign governments, coined/printed its own money, taxed people and goods from other states, refused to pay their share of the national government’s expenses
3. More importantly, without the ability to tax, the national government could not pay its war debts

Problems with the Articles of Confederation…

1. 13 STATES--sovereign, free, independent; powers not expressly delegated to Congress are retained by each state.
2. Congress—Represented the interests of states, not people
3. Central Government (Congress) was very Weak; no ability to tax, no enforcement remedy if states refused to pay their share
4. No Executive, No Courts – no effective way to unify or settle disputes
5. Amendment process required 13/13 states – unanimous consent

What were the 2nd Continental Congress’ jobs?

1) write a declaration of independence \n 2) draft a treaty of commerce and alliance \n 3) draw up articles of confederation

Shay’s Rebellion

States had borrowed money during the war; lenders wanted high taxes to recoup their money. Farmers were paid with paper money (state-issued) but had to repay their debts with hard currency. Banks started foreclosing on farms; Massachusetts legislature (lower house) passed a relief package but it was defeated by the upper house. More than 2000 farmers, led by Daniel Shays, rebelled and took over courthouses to prevent foreclosures. Armed rebellion was more than any one state could handle; national government was not strong enough to help put down the rebellions. Eventually a private militia backed by Boston merchants ended the siege in February 1787.

Annapolis Convention

Shay’s Rebellion and other uprisings alarmed leaders like Washington, Madison, and Hamilton. Charles Pinckney of South Carolina proposed that Congress revise the \n Articles: invited states to send delegates to a revision meeting. September 1786—Five States sent representatives to Annapolis, MD. Annapolis delegates recommended a convention be held in Philadelphia to address the “inadequacies of America’s broader political framework”

Representation

The Connecticut Compromise, aka “Great Compromise” & The There-Fifths Compromise.

Principles of American Constitutionalism which all (or nearly all) agreed to…

1. A commitment to republicanism (representation; representative government)
2. Protection of personal liberty (although inconsistent with slavery)
3. Interests and public opinion would inevitably play a role in governing
4. A desire for “happiness” and “stability” (property)
5. A written constitution (clarity and intentional ambiguity)
6. A process for revision (but complicated, slow)

governance

Constitutional Convention, May 25, 1787

The delegates needed to address the fact that they created a government (congress) that is too weak to govern. The articles of confederation did not address the problem of slavery, originally each state made the decisions in regards to slavery. Transportation of enslaved peoples between states or if an enslaved person escapes a state with slavery, must the person be sent back to that state or no? They needed to address individual freedoms and liberties.

American Constitutionalism: “Consolidation”

1. Empower and strengthen central government (energy, stability, efficiency)
2. Government with sufficient legitimacy to cover/govern America’s “extensive sphere” (geography)

American Constitutionalism: “Confederation”

1. States maintain sovereignty and equality, but enhance coordination by adding an executive committee
2. Disputes resolved by a supreme court
3. Fear that consolidated government could not be responsive to such a diverse and dispersed population

Virginia Plan = “Consolidation”

INTRODUCED ON MAY 29, 1787, BY EDMUND RANDOLPH OF VIRGINIA


1. Power of Government divided into 3 separate branches: Legislature, Executive, Judiciary
2. A bi-cameral (2 houses) legislature with the lower house elected by the people and the upper house chosen by the lower house from people nominated by state legislatures.
3. Representation in lower house proportional to free population
4. A single executive, selected by the legislature, limited to one term
5. Council of revision - executive and federal judges - approve or veto legislation
6. Judiciary - a supreme court and a system of lower courts
7. National government actions supersede state actions (national government supreme law)

New Jersey Plan = “Confederation”

1. 3 separate branches of government - Legislature, Executive, Judiciary
2. A unicameral legislature – 1 House; states would have equal representation and representatives chosen by state legislatures.
3. Executive - multi person committee, elected by legislature, no veto
4. A Supreme Court, but no system of federal courts
5. All acts of Congress would be binding on the states (supreme law of the land); executive empowered to enforce state compliance.

Provisions for Ratification

**Article VII**, the final article of the Constitution, required that before the Constitution could become law and a new government could form, the document had to be ratified by nine of the thirteen states.

Three-Fifths Compromise

1. States with large enslaved populations (e.g. South Carolina) argued for a “complete census”


1. Persons v Property
2. Each enslaved person counted as 3/5 of free person for purposes of census.

Great Compromise

1. Also known as the Connecticut Compromise
2. House of Representatives (lower house) - proportional based on population
3. Senate (upper house) - equal, 2 senators (votes) for each state

Timeline of the Constitution’s completion…

1. By May 30, delegates agreed on the three branches of government structure
2. Two months of debate on the general principles of government
3. July 26, the Convention adjourned for 10 days while a “Committee of Detail” wrote a draft of the Constitution.
4. The month of August was spent debating and revising the draft.
5. September 17, 1787, the Convention completed its work, the state delegations agreed to approve the document (Constitution). All but three men signed the document.
6. George Washington, President of the Convention, sent the document to Congress with \n a letter of explanation.

political liberty

The Preamble of the Constitution.

The “Why” of the Constitution:

“We the People of the United States, in Order to form a \n more perfect Union, establish Justice, insure domestic \n Tranquility, provide for the common defense, promote \n the general Welfare, and secure the Blessings of Liberty \n to ourselves and our Posterity, do ordain and establish \n this Constitution for the United States of America.”

What does Article I outline?

Article I - Establishes the Legislature. “All legislative Powers herein granted shall be vested in a Congress of the \n United States, which shall consist of a Senate and House of \n Representatives.”

What does Article I, Section 2 do?

Establish the duties of the House of Reps.

What does Article I, Section 3 do?

Establish the duties of the Senate.

What does Article I, Section 4 do?

Establish the rules for elections for the legislative branch. “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.

The Congress shall assemble at least once in every Year...”

What does Article I, Section 7 do?

Establishes the rules for taxing. Tax Bills must start in the House of Reps (the “peoples” house).

What does Article I, Section 8 do?

“The Enumerated Powers.” The powers and duties given to Congress.

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; \\n To borrow Money on the credit of the United States…

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” \[Necessary and Proper clause or Elastic Clause\]

Powers of the National Government—Express or Enumerated Powers defined in Article 1, section 8 of the Constitution. 17 powers, including the power to collect taxes, establish currency, declare war, and regulate commerce.

The Necessary and Proper Clause

Implied powers—Article 1, section 8 enables Congress to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers.”

“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

What does Article I, Section 9 do?

Establishes the powers denied to Congress.

**“The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.** \n The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. \n No Bill of Attainder or ex post facto Law shall be passed…”

\n \*Cannot act on slavery until the year 1808\*

What does Article I, Section 10 do?

Establishes the powers denied to the States.

What does Article II outline?

Article II - Establishes the Executive. The vesting clause is, “The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows…”

What does Article II, Section 2 do?

Establish the duties of the Commander and Chief.

What does Article II, Section 3 do?

“He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient… **he shall take Care that the Laws be faithfully executed…” (the take care clause).**

What does Article II, Section 4 do?

“The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

What does Article III outline?

Article III - Establishes the Judiciary (Supreme Court)

What does Article IV outline?

Article IV - Establishes the relationship between the states

What does Article IV, Section 1 do?

Article IV, Section 1 - ”Full Faith and Credit Clause.” Intended to promote national unity by requiring states to recognize actions taken (laws passed) in one state as valid in all states.

What does Article IV, Section 2 do?

Article IV, Section 2 - ”Comity Clause,” citizens of one state should be entitled to similar treatment in other states; a state cannot discriminate against someone from another state or give special privileges to its own residents.

Exception—universities may charge out-of-state students a higher tuition than in-state students (not related to a state’s taxing power).

What does Article IV, Section 3 do?

“The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.”

What does Article IV, Section 4 do?

“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.”

What does Article V outline?

Article V - Describes the process for Amending the Constitution

What does Article VI outline?

Establishes national supremacy. National Supremacy - Article VI, making all national laws and treaties “supreme law of the land.”

What does Article VII outline?

Establishes the process for the ratification of the constitution.

take care clause

“…he shall take Care that the Laws be faithfully executed…”

enumerated powers

The powers and duties given to Congress.

judicial review

Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary.

supremacy clause

The Supremacy Clause was a response to problems with the Articles of Confederation.

bi-cameral legislature

A bi-cameral (2 houses: the Senate & the House of Reps) legislature with the lower house elected by the people and the upper house chosen by the lower house from people nominated by state legislatures.

amending the Constitution

A proposed amendment must pass a two-thirds vote in both houses of Congress, or if two-thirds of the states petition Congress, a new constitutional convention can be called to consider amendments. In any event, three-fourths of the state legislatures must ratify the amendment for it to become a permanent part of the Constitution.

Article V Convention

A **convention to propose amendments to the United States Constitution**, also referred to as an Article V Convention or amendatory convention; is one of two methods authorized by Article Five of the United States Constitution whereby amendments to the United States Constitution may be proposed: two thirds of the State legislatures (that is, 34 of the 50) may call a convention to propose amendments, which become law only after ratification by three-fourths of the states (38 of the 50).

separation of powers

Separated into three governmental branches.

checks and balances

Are put into place, so that one branch does not get too much power.

federalism

divide governing responsibility between National and State governments (vertical control)

Federalists v Antifederalists

Antifederalists said the Constitution allowed too much blending of powers.

Federalist Papers 47, 48, 51

Federalist #51

Those in each department are given “the necessary constitutional means and personal motives to resist encroachments of the others... Ambition must be made to counteract ambition. The interests of the man must be connected with the constitutional rights of the place.”

Federalist #47

Madison defends the principle of “separate but shared powers.” \n “Only when the WHOLE power of one department is exercised in the same hands which posses the WHOLE power of another department, \[are\] the fundamental principles of a free constitution subverted.”

Federalist #48

Checks and Balances

Publius

1. James Madison is the author of these three papers, although all 85 essays are published under the pseudonym “Publius.” The majority were written by Alexander Hamilton, and 5 by John Jay. The Federalist Papers were written to convince New York residents to support the federal constitution, published in NY newspapers, and widely circulated.
2. The essays speak to particular provisions of the Constitution. At times, they are responses to objections raised by Antifederalists (those who preferred to remain under the Articles of Confederation or preferred a weaker government with more explicit protections for individual rights).

Confederal System

Power resides with the states; central government can only exercise powers specifically granted by states.

Unitary System

Power resides with the central government, states \n or regional governments can only exercise powers specifically granted by central government.

Federal System

A system in which power is divided between a \n central government and states with both acting as “independent political authorities” exercising “sovereignty”

reserved powers

In the U.S. Constitution, certain specific powers are granted to the federal government. The Constitution reserves all other powers to the states. Any powers the Constitution \n does not delegate to the national government or deny to the states are “reserved to the states respectively, or to the people.”

Concurrent Powers

Concurrent powers refer to political powers that are shared by both the state and federal governments. Taxation, Establishing courts, Spending and borrowing money, Education, Public health, Regulating commerce, etc.

Coersie Powers

The power to develop and enforce criminal codes, \n to administer health and safety rules, and to regulate family with marriage and divorce laws. States control professional licensure (e.g. doctor, lawyer, plumber). Define property and defend property rights.

In the Articles of Confederation the Congress represented…

Represented the interests of states, not people

Two views of Federalism

Dual and Cooperative Federalism.

The Supreme Court remains the arbiter of?

The balance of power between states and the national government. The composition of the court and exigencies of the moment shape federalism.

Benefits of Federalism

1. Strong regional differences can be diffused without threatening the national government.
2. Solutions to problems can vary by state according to local cultures and preferences.
3. Brings government closer to the people. Access to local office much greater than national office.

Drawbacks of Federalism

1. States can block progress (e.g. civil rights)
2. Smaller units of government more likely to be dominated by one group (risks tyranny of the majority
3. electoral votes

McCulloch v Maryland, 1819

1. Does Congress have the power to charter a bank (not among the enumerated powers)?


1. Supreme Court ruled that this power can be implied from the other powers listed in Article 1, section 8.
2. The “commerce clause” is key - chartering a bank was reasonably related to regulating commerce.
3. The second question—can a state tax the national government? (Maryland had imposed a tax on notes issued from the bank).


1. Supreme Court said no; “states cannot interfere with the operations of the national government.”

Gibbons v Ogden, 1824

Reinforced national supremacy and introduced the concept \n of “interstate commerce.”

comity clause (states)

The comity clause is a clause in the U.S. Constitution that prevents a state from treating citizens of other states in a discriminatory manner.

full faith and credit clause

Requires each state to recognize the laws, judicial decisions, and public records of the other states. This section helps ensure that court decisions made in one state will be recognized and honored in every other state.

nullification

Any act or set of acts which results in a particular federal law or program being rendered null and void under the law, or unenforceable in practice.

devolution

Devolution, the transfer of power from a central government to subnational (e.g., state, regional, or local) authorities.

Grants-in-Aid (categorical, formula, project, block)

Grants-in-Aid - Funding provided by Congress to states and local governments.