AP Government 1.3-1.6

what were the federalists and antifederalist view on the proposed constitution?

federalists- supported

Antifederalists- opposed

what did the federalists and anti federalists advocate for?

federalists- strong NATIONAL government

Antifederalists- stronger STATE governments

what were the federalists v. the antifederalists concerned about?

Federalists- tyranny of the majority

Antifederalists- Oppression of the rights of state and the people.

• demanded a Bill of Rights to protect individual liberties and limit government power

What were the federalists supporters like?

• More wealthy merchants and southern plantation owners

• Ben Franklin, Alexander Hamilton, John Jay, and James Madison

what were the antifederalist supporters like?

-More people in rural areas, farmers, shopkeepers

- Well educated elites, Revolutionary War heroes, Sam Adams, Patrick Henry

Factions

A group of self-interested people who use the government to get what they want, trampling the rights of others in the process.

• MADISON was fearful of this

Federalist No. 10

• States that the inequality of wealth is the main cause for factions, but a large representative republic Is the best way to control them.

• Creating a republican form of government with voting will keep factions in check

• with so many factions they would have to debate and compromise in order to get any laws passed.

Brutus No.1

Focused on the argument that the nation was too large and that the Constitution would give the national government too much power.

what were some of the specific arguments presented in Brutus No.1?

• Representatives would not relinquish seats in a larger government 

• Fear over the central government controlling money and taxes

• Fear over the central government having control over the military and a standing army.

the Articles of Confederation

• 1st governing document that was used by U.S. government following the Revolutionary War.

• highlighted many of the fears states had following the war.

  • states did not trust other states

  • states did not trust a central government

• SOLUTION- to actively create a weak central government

Positives of the Articles Of Confederation

• established a government following the war and created some semblance of stability for the nation following the revolution.

• Created the post office

• Northwest Ordinance of 1787.  Process for allowing states into the U.S.

Shays Rebellion

•  The veterans of the revolution were losing their land and being arrested for not paying their debts.

• They were owed money from the government following the war but the U.S. government had little money to pay veterans of the revolution.  

  • Shays and a band of followers marched around Massachusetts closing courts to prevent foreclosures from happening.

  • The state raised their militia but were unable to stop Shays causing a major problem.

    • The U.S. government could not raise an army to stop him.   

what was the result of Shays rebellion?

• This rebellion showed how flawed the Articles were and there was a need to start over with a new document that could ensure safety as well as uphold the beliefs of the nation. 

• George Washington feels compelled to come out of retirement.

Weaknesses of Articles of Confederation

• Federal government only had one branch (Congress)

  • No executive or judicial branch

• All 13 states must agree for an amendment to be passed

• Congress had no power to raise tax revenue

• There was no national currency

• Congress had no power to raise a national army

Writ of Habeas Corpus

Right for people detained to know WHY they are being detained

Bill of attainder

says congress cannot hold trial or declare someone guilty without a judicial trial

Ex Post Facto

can’t punishing people for actions that were not crimes at the time they were committed.

Virginia Plan

3 branch government with bicameral legislature. More populous states would have more representation in congress.

New Jersey Plan

Plan that had a unicameral government and would have equal representation for each state

Great Compromise/ Connecticut Compromise

It would create a bicameral legislature where the upper house would have equal representation and the lower house would have proportional representation.

Unicameral vs. Bicameral

Unicameral- single legislative chamber, faster process, lower costs

Bicameral- two legislative chambers, slower process, higher costs, more opinions

Three-fifths Compromise

compromise where every enslaved person would be counted as 3/5 of a person for purposes of representation and taxation.

Compromise on Importation

congress could not restrict any slave trade until 1808 at the earliest

Fugitive Slave Clause

Any escaped slave in the North would be returned to the South.

Access points

points where citizens can influence the government. Examples are:

• Legislative:

  • Speak to members of Congress

  • Donate to campaigns

  • Support Lobby Groups

• Executive

  • Speak to the President

  • Donate to Campaigns

• Judicial

  • Protest outside the Supreme Court

  • Amicus curiae briefs- Give evidence to members of the federal court to help support making decisions

how was congress granted more power than under the Articles?

Legislative Branch: Commerce Clause, Necessary and proper clause, and Implied powers

Commerce Clause

• Article I, Section 8, Clause 3- Congress uses it as a reason to keep power over states and citizens.  It’s a grant of congressional authority as well as a restriction on state’s regulatory authority.

Necessary and Proper Clause

• Article I, Section 8, Clause 18- Grants congress the powers to carry out its enumerated powers (powers specifically mentioned in the Constitution)

Implied Powers

•  Powers that go beyond the enumerated powers listed in the Constitution.  

Executive branch

To carry out the laws passed by congress

• president would serve a 4 year term

• president could check congress with the Veto power

  • congress con override the veto with a ½ majority vote in both houses.

• Congress has power to declare war but the President is the Commander and Chief.

Marbury V. Madison

Case that established judicial review as a precedent.

• principle that the Supreme Court has the power to declare laws passed by Congress unconstitutional if they conflict with the U.S. Constitution

judicial Review

Power under the Court to overturn laws or executive actions that violate the Constitution

Federalist No. 51

• Focuses on Separation of Powers to counter the arguments of Brutus No. 1

• Madison argues that splitting the power of government is necessary to prevent corruption from elected officials.

• no one branch could become corrupt as a result of this