unit 2 gov

5 Main ideas of the Declaration of Independence

1. It declares that the 13 sovereign states are independent

2. It is a philosophical statement on the legitimacy of government based on John Locke's ideas

3. It is a list of grievances

4. It is a classical republican contract and a declaration of war

5. It is written to France

The 3 types of people when it comes to the Constitution

1. Those ready to embrace the Constitution and Revolution

2. The loyalists to Britain

3. Neutral/oblivious

The Declaration was intended to convince these 2/3 to join the Revolution

Why the Articles didn't work

-States had the ability to tax as they chose

-No trade regulation (can't negotiate with other countries, no unification, difficult to deal with emergency)

• Lack of courts

• Too localized and too much democracy

Why the Articles did work

• Basis of Constitution (80% of the Articles are in the Constitution)

-Winning the Revolutionary war

-Treaty of Paris, independent nation, negotiate ourselves

-Prohibited slavery

The 4 people who had interpretations on why the Constitutional convention was called

Charles Beard, Richard Hofstadler, Woody Holton, Gordon S. Wood

Charles Beard

"An economic interpretation of the American Constitution" - Elites wanted to increase their own opportunities

Richard Hofstadler

"The American Political Tradition"- Limited government with negative liberties, most interested in property rights

Woody Holton

"Unruly Americans"- Convention was the result of the masses pushing for it (people like those in Shays' rebellion)

Gordon S Wood

"The Radicalism of the American Revolution"

Articles of Confederation (book definition)

A league of friendship where states kept their independence and power but they came together for common defense, security, and mutual and general welfare

Structure of the Articles of Confederation

Unicameral Congress made up of yearly-chosen delegates by the states, one vote per state, judicial and executive branches handled by committees of Congress, Congress will choose a presiding officer every year, civil officers (postmasters)

Powers of the Articles of Confederation

To make war/peace, send/receive ambassadors, make treaties, borrow money, set up a money system, make post offices, build a navy, raise an army by asking states for troops, fix uniform standards of weight and measurements, settle disputes among states

The states under the Articles of Confederation

Must obey the Articles and acts of Congress, provide funds and troops requested by Congress, treat other states fairly and equally, and give full faith and credit to the public acts, records, and judicial proceedings of every other state. Also must agree to surrender fugitives from justice to one another, submit their disputes to Congress for settlement, and allow open travel and trade among States

Weaknesses of the Articles of Confederation

Did not have the power to tax (unpaid debt from the Revolution), couldn't regulate trade among states, no power to make states obey the Articles, Articles could only be changed with consent of all 13 states

Shays' Rebelllion

In Massachusetts- Property holders (farmers) lost land and possessions for debts --> Daniel Shays led an army --> several state judges to close courts --> unsuccessful attack on federal arsenal at Springfield --> mass passed laws to ease burden of debtors woohoo

Steps toward change after Rebellion/Articles started to fail

5 states met for a federal plan for regulating commerce. Alexander Hamilton and James Madison were like wtf and called a new meeting: that young PHILADELPHIA MEETING/CONSTITUTIONAL CONVENTION

Which states met for the Constitutional Convention

all but RHODE ISLAND they were too salty

Who are the Framers of the Constitution

Trick question. All 55 delegates who went to the Constitutional Convention

Who was the president of the Constitutional Convention

Our boy George Washington

Who wrote and presented Virginia Plan

Wrote by James Madison, presented by Edmund "The Ed-man" Randolph "The Red Nosed Reindeer"

What was included in the Virginia Plan

3 branches, bicameral congress, representation either by population or by the money each state gave to Federal Government, house popularly elected, senate- house chooses from a list of people nominated by state legislatures, Congress gets all powers in the articles plus power to legislate all cases to which the states are incompetent, veto any state law in conflict w/ national law, use force if necessary to make a state obey a national law

Who wrote New Jersey Plan

William "Billy Goat" Paterson

What was included in the New Jersey Plan

Unicameral Congress, add tax powers and trade regulation to Congress, "Federal Executive" (>1 person) chosen by Congress, "Federal Judiciary" (1 person) = "Supreme Tribunal," appointed by the executive

Who wrote the Connecticut Compromise (Great Compromise)

Roger Sherman

What was included in the Connective/Great Compromise

A Bicameral congress, a senate where states are represented equally, a house where states are represented by population

Three-Fifths Compromise

Slaves counted as 3/5 a person for taxes and votes (disappeared in the 13th Amendment)

Commerce and Slave Trade Compromise

Congress is forbidden to tax export of goods and to act on slave trade for at least 20 years

Arguments of Federalists

The Articles are too weak, we need a strong national government, the Bill of Rights is covered in State constitutions

Arguments of AntiFederalists

National Government will be too powerful and will be a monarchy, states couldn't print money, and there should be a William "Bill" of Rights

Outline of the United States Constitution

The "Supreme Law of the Land"

Sets rules, procedures, and limits of the federal government

Lays out basic rules of American politics

27 Amendments

Structure of the United States Constitution

Preamble

Article I: Legislative Branch

Article II: Executive Branch

Article III: Judicial Branch

Article IV: Relations among the States

Article V: Amendments

Article VI: National debt, supremacy of national law, oaths of office

Article VII: Ratifying

27 Amendments

Ways to make a formal amendment

-Proposed by 2/3 vote in each house and ratified by 3/4 of state legislatures (26 Amendments like this)

-Proposed by Congress and ratified by conventions in 3/4 of states (1 Amendment- the 21st)

-Proposed by a national convention, called by Congress at 2/3 States request. Ratified by 3/4 State legislatures (none)

-Proposed by a national convention and then ratified by conventions in 3/4 states (the Constitution itself)

The 27 Amendments

1st 10: Bill of Rights (freedom of belief, expression, security of the person, fair and equal treatment before law)

11th: After Chrisholm v. Georgia- no state may be sued in the federal courts by a citizen of another or foreign state

12th: Thomas Jefferson became 3rd president but electoral college did not produce a winner

13th: Abolish slavery

14th: Freed slaves citizenship

15th: Freed slaves right to vote

18th: Prohibition (repealed by 21st)

22nd: Limiting presidential terms

26th: Vote at 18

27th: Forbids Congress members from raising their own pay during their term (written by James Madison)

Formal hats of the president

Chief legislator, commander in chief, chief diplomat, chief jurist, head of state, CEO

Informal Hats of the president

Crisis manager, Chief economic planner, party leader, leader of the free world

Federalism (Book definition)

Governmental powers are divided between state and central governments and each has its own set of powers. Neither level can change basic division of powers; each level operates through its own agencies and acts directly through its own officials and laws

Strengths of division of powers (10th Amendment)

Allows local action in matters of local concern and national action in matters of wider concern (local traditions, needs, desires, geography). Also allows for experimentation and innovation in solving public policy problems

Laboratories of Government

New ideas originate in 1 state then spread

Disadvantages of division of powers

Redundancy that may occur due to overlapping jurisdictions

Delegated powers

National Gov. only has powers granted to it in the Constitution

3 types of delegated powers

Expressed/enumerated powers (spelled out in Constitution), Implied powers (implied from Expressed powers), Inherent powers (powers that belong to the national gov because it is the national gov of a sovereign state in the world community. aka all national governments have these powers, like acquiring territory and deporting aliens)

How powers are denied to the Federal Government

Expressly, through the silence of the constitution, or through the federal system itself

Reserved powers

Powers that the States have (those that the Constitution does not grant to the National government and does not deny to states)

How powers are denied to State governments

In words or inherently

Exclusive powers

Powers that are held only by the National Government

Concurrent powers

Powers held by both national and state governments

Supremacy caluse

Constitution = supreme law of the land

What the national government guarantees to states to preserve the union of the states

A republican form of government (representative), protection against invasion and domestic violence, a federal force to restore order, respect territorial integrity of each state

Process of creating a new state

1. Area asks congress for permission

2. Enabling Act: directs people of the territory to frame a proposed State constitution

3. Popular vote --> congress

4. Act of Admission (Creates the new state)

5. If president signs, it becomes part of the union.

Conditions for new state admission

Cannot be of a political nature

Grant-in-aid programs

National gov giving money/resources to states

Types of federal grants

Categorical grants (for a specific, clearly defined purpose), block grants (more broad with fewer conditions), and project grants (made to states, localities, and private agencies for medical research/job training)

Interstate compacts

Agreements between states and other states

Full faith and credit clause

pertains to court matters, only applies to civil matters (not criminal)

Extradition

Legal process by which a fugitive from justice in one state can be returned to that state

Privileges and immunities clause

No state can draw unreasonable distinctions between its own residents and those persons who happen to live in another state

The Preamble

Has no legal power, it is a microcosm of our social contract, represents Classical republicanism ideas

Who could "We, the people" mean?

1. Citizens (people OF the United States, since one must be a citizen to vote)

2. All people (the founders knew people vs. citizens)