Gov Midterm

12.12.22

constitution

a plan that sets forth the structure and powers of gov’t and specifies the main institutions of gov’t

constitutional government

limited gov’t; there are restraints on power specified in the Constitution

democracy

The people themselves make decisions (“direct”)

limited and mixed

forms of government

limited government

government that is limited by the provisions of the Constitution

mixed government

government with an incorporation of elements from democracy and oligarchy

parliament

the House of Commons for the common people

republic

thing of the people

unwritten constitution

constitutions that aren’t single written documents

written constitution

it includes what words mean, whether the understanding of the document should evolve or remain unchanged

Treaty of Paris (1783)

when and how was the United States first recognized as an independent nation?

new england colonies/states

Puritans in Massachusetts, Native Americans had been mostly pushed from the East Coast, speculated on land, raised livestock and crops for local markets, relied less on slave labor than southern states but had indentured servants

middle and south colonies/states

Quakers went to Pennsylvania, made of a several very influential families, Native Americans had been mostly pushed from the East Coast, produced rice and indigo to export (Virginia produced tobacco), slaves worked on plantations

ancient and Enlightenment philosophers on government

\-many Americans read classical texts about government by ancients such as Aristotle, Marcus Tullius Cicero, etc.

\-these ancient philosophers taught that human beings are naturally social creatures with obligations to each other and to their community, without which they could neither survive nor achieve human excellence

\-they agreed that government’s one purpose was to help people learn about and perform their civic and moral duties

\-they also read newer theories of government by sixteenth and seventeenth century philosophers such as Thomas Hobbs and John Locke

\-they looked to good and bad examples of government through philosophy

\-natural rights theorists, British history, and Greek and Roman history all taught different lessons about democracy, free governments, and rights of the people

VA Declaration of Rights, the Declaration of Independence, and other various pamphlets, essays, and letters

which colonial documents give clues as to the lessons on government the Founders wished to include?

\-government should be the servant, not the master, of the people

\-a fundamental higher law, or constitution, should limit government

what two lessons from colonial documents does your reading mention?

monarchy, aristocracy, and polity

what were Aristotle’s 3 forms of government?

good- monarchy

bad- tyranny

Aristotle’s rule of 1

good- aristocracy

bad- oligarchy

Aristotle’s rule of few

good- polity (mixed constitution)

bad- democracy

Aristotle’s rule of many

tyrannical rule of British

 the Founders believed British rule over the colonies was tyrannical because the monarchy (King) was corrupt and abusing their power to control and limit the people in the colonies; they saw it as totalitarianism or a dictatorship

4 ways does Constitutional Law differs from the laws of legislature

1. it sets forth the basic rights of citizens
2. it establishes the responsibility of the government to protect those rights
3. it establishes limitations on how those in government may use their power with regard to citizens’ rights and responsibilities, the distribution of resources, and the control or management of conflict
4. it can be changed only with the consent of the citizens and according to established and well-known procedures

common good

doing what is best for the society as a whole

classic republicanism

political ideas with the central feature of citizens’ devotion to the common good

civic virtue

having the courage to do what is right, even under trying circumstances

persuit of happiness

the ability to achieve goals and have a good state of mind

consent of the governed

the country is only recognized by the people when their use of power is consented by the people

divine right

the idea that monarchs derive their authority from God

natural rights

this starts by thinking what life would be in a state of nature

state of nature

any situation in which there is no government- that is, no recognized authority to make and enforce rules and manage conflict

social contract

a social contract is an agreement between the governing and governed about distribution of powers

inalienable rights

all people are free, equal, and rational, and possess rights to life, liberty, and estate

popular sovereignty

governed by consent; government is created and derives its authority from the agreement of the people

rights of revolution

the right to revolt and to create whatever form of government they believe best suits their needs

political legitimacy

the belief in a rule or person to govern and have authority

1. small, uniform communities were valuable because many thought that people cannot be self-sufficient, and therefore need to work in groups to rule
2. citizenship and civic virtue included setting aside personal interests to serve the common good
3. moral education allowed for people to taught good moral practices and values which would be implemented into the ways they conducted themselves and made political decisions

identify and explain 3 characteristics of the Roman Republic that served as an influential model of government for the Founders?

supporting a less popular candidate, voting, volunteering time, and donating to charity

examples of civic virtue

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\-Aristotle epitomizes civic virtue in ancient history because he believed in the importance of upholding virtues that made society and life better for people

\-in the U.S., MacKenzie Scott epitomizes civic virtue through her philanthropy and humility

who epitomizes civic virtue in ancient history? in the U.S.?

a large divide in classes, the rich getting richer, and a nation that isn’t morally, socially, or politically unified; people would make ridiculous requests and hurt the common good

what might be the consequences of too great an emphasis on the rights of an individual over the common good?

it can be applied to better the community, but nationwide, there are different needs that vary in importance

why is classical republicanism best practiced in small, uniform communities?

people won’t always be on the same page and different locations will be divided

what are the disadvantages of classical republicanism in small, uniform communities?

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life, liberty, and the pursuit of happiness

what are some of the most important philosophical ideas in the Declaration of Independence?

Hobbes and state of nature

he argued that this gives rise to a war of every man against every man, in which individuals fear a violent death by others

Locke and state of nature

* he argued that all people are free, equal, and rational


* everyone possesses inalienable rights to life, liberty, and estate

Hobbes and social contract

he argued that they would consent to an authoritarian state he called “Leviathan”, named for a mythical monster; to maintain order, they must lead by fear

Locke and social contract

* he said people would agree with social contract to leave a state of nature and form a civil society
* he argued if government fails to protect the individual rights, then the people are entitled to replace it

* the state of nature explains society as one without a recognized authority to make or enforce rules


* government as not existing or being acknowledged
* politics as not existing

how does the “state of nature” explain society, government, and politics?

social contract, inalienable rights, popular sovereignty, right of revolution, and political legitimacy

what five elements of the natural rights philosophy can we identify as influential on the Founders?

in a social contract, consent can be withdrawn; it’s an agreement between the governing and governed about the distributions of rights, but the governed can withdraw at any point

explain how you connect the idea of the social contract to “consent of the governed”?

both give rights to the people and their consent is needed

what are the similarities of classical republicanism vs. natural rights philosophy?

* with classical republicanism, the common good is encouraged


* in natural rights philosophy, the notion of making a social contract comes from the idea that the people will be selfish and put their own individual rights first

what are the differences of classical republicanism vs. natural rights philosophy?

common law

* the body of unwritten law developed in England from judicial decisions based on custom and earlier judicial decisions
* constitutes the basis of the English legal system and became part of American law

precedents

previous court decisions upon which legal issues are decided

stare decisis

* “let the precedent (decision) slide”


* the doctrine that the courts should follow the previous decisions of other courts on cases in which facts are substantially the same

rights of englishmen

* term prevalent in 17th century England and America referring to certain historically established rights, beginning with the rights of the Magna Carta, that all English subjects were understood to have
* these included the right not to be kept in prison without a trial, the right to trial by jury, security in one’s home from unlawful entry, and no taxation without consent, among others

trial by jury, search and seizure, taxation without representation

what were the three fundamental common law rights given to Englishmen?

Magna Carta

* King John of England agreed to this document in 1215 at the demand of his barons


* granted certain civil rights and liberties to English nobles and to all “freemen”

rule of law

both those who govern and those who are governed must obey the law and are subject to the same laws and punishments

redress of grievences

* the correction of complaints


* the First Amendment protects the right of the people to petition government to obtain remedies for claimed wrongs
* can complain without fear of punishment

writ of habeas corpus

* latin: “you shall/should have the body”


* court order directing that prisoners be brought to court before a judge to determine whether that prisoner’s detention is lawful

beginning of parliamentary government

* there were groups of advisors form counsels of leading subjects, whom they relied on for advice on matters of state


* it developed over time because the monarchy thought it was a good way to raise money
* two parts: House of Lords (feudal nobility and church officials), and House of Commons (2 knights from each shire, 2 citizens from each city, and 2 citizens from each borough)

house of lords

feudal nobility and church officials

house of commons

2 knights from each shire, 2 citizens from each city, and 2 citizens from each borough

common law of England

* a less confusing system that was common to all parts of the kingdom


* it established limits and roles of judges to publish decisions to be used to study later and to learn from previous precedents

rule of law, basic rights, government by agreement

what are the 3 principles contained in the Magna Carta that will be important to our constitutional government?

prohibition against requiring people to quarter soldiers in their home and the right to habeas corpus

what two important rights did the English Petition of Right (1628) guarantee English citizens?

it requires that a prisoner be brought to court to determine if the imprisonment is lawful; this prevents the gov’t from imprisoning whomever they want.

how does the writ of habeas corpus protect individuals from the abuse of power by government?

rule of law and representative government

what are the 2 important principles from the English Bill of Rights (1689) that influenced the writers of the U.S. Constitution?

checks and balances

in American constitutional thought, distributing and balancing the powers of gov’t among different branches so that no one branch or individual can completely dominate the others

legislative supremacy

system of gov’t in which the legislative branch has ultimate power (ex: Parliamentary gov’t)

veto

* the right of a branch of gov’t to reject a proposed law that has been passed by another branch in an effort to delay or prevent its enactment


* under the U.S. Constitution, it is the power of the President to refuse to sign a bill passed by Congress, thereby preventing it from becoming a law
* the President’s veto may be overridden by a two-thirds vote of both the Senate and House of Representatives

natural rights, social contract, popular sovereignty, right to vote, legislative supremacy, checks and balances

6 basic ideas in state constitutions

state higher law/natural rights

* every state considered its constitution to be a fundamental, or “higher”, law that placed limits on governmental power
* unlike the British Parliament the state legislature did not have the power to change the constitution
* each constitution reflected the idea that the purpose of government is to preserve and protect citizens’ natural rights to life, liberty, and property

state social contract

each constitution made it clear that the state gov’t was formed as a result of a social contract, that is, an agreement among the people to create a gov’t to protect their natural rights as expressed in the constitution’s preamble or Bill of Rights

state popular sovereignty

* all the new state constitutions stated that sovereignty, or ultimate governing authority, rests with the people


* he people delegate authority to the gov’t to govern in accordance with constitutional requirements

state representation and the right to vote

* all the states’ constitutions created legislatures composed of representatives elected by “qualified voters”, usually white men who owned some amount of property


* representation was not based on fixed social classes; most constitutions provided for annual legislative elections

state legislative supremacy

* a gov’t in which the legislature has the most power
* most state constitutions provided for strong legislatures and relied on the principle of majority rule to protect the rights of citizens

state checks and balances

* most state constitutions placed checks and balances on legislative powers, usually within legislatures
* most important decisions required deliberation, debate, and action by both houses—thus a degree of balance
* each house could check the power of the other by defeating a proposal with which it did not agree
* voters could also check legislators’ power by electing new representatives

reasons the colonies severed their relationship with Great Britain and how it is reflected in state constitutions

* there is an emphasis on a limited government that derives its power from the people
* the problems in colonial American included taxation without representation and a strong federal gov’t
* checks and balances prevents one branch or person from having too much power
* the idea that gov’t is a social contract means that it is an agreement between the governed and governing to strive to achieve the common good and protect natural rights

executive supremacy: fixed governor salary, governor could revise law by legislature, only to be overridden by a two thirds vote, and governor could appoint officials to the executive and judicial branches

how does the Massachusetts constitution compare/contrast with the basic idea of legislative supremacy?

purposes of government and classical republicanism included in the VA Declaration of Rights

* freedom of the press and the rights of criminal defendants
* all men by nature are equally free and independent, and enjoy the rights of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety
* classical republicanism stressed that all citizens have natural rights, and the VA Bill of Rights is ensuring the protection of these rights
* influential because it expressed the people’s understanding of their fundamental, inalienable rights and the idea that people create gov’t to protect those rights
* it was the first protection of individual rights to be adopted by the people

confederation

a form of political organization in which the sovereign states combine for certain specified purposes, such as mutual defense. Member states can leave a confederation from 1776 to 1789. The power is distributed in a specific way

unitary

* all power to the central government
* ex: UK

confederal

* intentionally weak central government


* states have power and are sovereign
* ex: EU

federal

* balances power between national and state governments
* ex: USA

articles of confederation (1781–1789)

* the first constitution of the United States, created to form a perpetual union and a firm league of friendship among the thirteen original states


* adopted by the 2nd Constitutional Congress on November 15, 1777 and sent to the states for ratification

shays’ rebellion (1786–1787)

an armed revolt by Massachusetts farmers seeking relief from debt and mortgage foreclosures; the rebellion fueled support for amending the Articles of Confederation

articles of confederation by Benjamin Franklin, with influence from the Founders and Richard Henry Lee

when was the first attempt to unite the American colonies and by whom? who suggested a new form of government during the Second Continental Congress and when?

deal with Native Americans and unite the 13 states

what was benjamin franklin proposing with the albany plan of union

Founders’ fear of a strong central government

* the states had been getting along well with their individual governments and the involvement of citizens, but it was decided that a central government was needed


* the reluctance was stemmed from the fear of a tyrannical monarchy like the one they had experienced with England
* they believed that the British government had deprived people of their rights, including their right to be represented in government, and they believed this would happen with any central gov’t that was strong and far away.

article II of confederation

* states that Congress was created to govern with representatives from each state, maintaining a representative government between the people and central gov’t
* national gov’t can’t make taxes
* can declare war, settle disputes, mint money, week
* congress is unicameral

article IX

granted Congress “the sole and exclusive right of determining on peace and war”, as well as directing military forces, conducting foreign policy, and determining the union’s expenses

article VI

listed things that the states could not do: send or receive ambassadors to foreign nations, lay imposts or duties that conflicted with national treaties, maintain military forces beyond what Congress considered necessary for the state’s self-defense, or engage in war (except if invasion)

article V

gave each state 1 vote regardless of its population (equal); provided that on important matters 9 states would have to agree, this way 7 smaller states could not outvote the size larger

article VIII

created a formula for requesting fund that was not based on population, free, or enslave; however, this formula (based on the amount of settled, improved land in each state) was impractical because it was difficult to measure the amount of improved land across such a large nation

article XIII

states that no alterations should be made of this articles unless it is agreed in a congress of the US, and after, each state’s legislature approves it

Maryland (March 1, 1781) because it required states to grant some land to the United States

which state was the last to ratify the Articles of Confederation and when did they finally ratify? What was the cause of the delay?

4 achievement of Articles

1. Northwest Ordinance of 1787 defined the Northwest Territory and created a plan for its gov’t; it laid out the process by which a territory could move to statehood and guaranteed that new states would be on an equal footing with existing states
2. Congress could establish courts to hear appeals from state courts, being the first federal courts in the U.S
3. Congress created executive departments to administer finance, foreign relations, and military affairs (these were the beginnings of the later cabinet departments of ==treasury, state, and war==)
4. recognition of American independence was secured by European governments

4 weaknesses of Articles

1. Congress couldn’t tax
2. Congress could make agreements with foreign nations, but it had no power to force state governments to honor these agreements
3. Congress had no power to make laws regulating trade among the states
4. Congress had no power to make laws directly regulating the behavior of citizens

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can’t: tax, force states to honor, laws on state trade, regulate behavior

Federalist leaders such as Alexander Hamilton and James Madison

which Founders are credited in your text with being aware of the shortcomings of the Confederation government?