Formation and Ratification of the Constitution
Confederation
A union of sovereign states, united for purposes of common action.
Enumerated vs Plenary Powers
The federal government has enumerated powers, which are explicitly listed in the Constitution, and can’t act beyond those.
The state has plenary powers, which means they can do anything not specifically banned by the federal government
(OMG you can change the text colors!!!)
Firm league of friendship
A term describing the relationship between states in a confederation, emphasizing cooperation without strong central authority.
Republic
A form of government in which representatives are elected to make decisions on behalf of the citizens.
Compromise
An agreement reached by mutual concession, often necessary in political negotiations.
Civil discourse
Engaging in conversation intended to enhance understanding, often in a respectful manner.
Federal system
A system of government where power is divided between a central authority and other political units.
Delegate
A person chosen to represent others, especially in a political context.
Proportional representation
An electoral system where states gain seats in relation to the number of votes they receive/size of their population.
This system is used in the House of Representatives
Equal representation
An electoral system contrasting to Proportional Representation, where each state has the same number of representatives, regardless of size or population.
This system is used in the Senate
Deliberative body
A group that engages in discussion and debate to make decisions or formulate policies.
This was the delegates intention for Congress, that way they have to thoroughly consider issues and avoid making impulsive decisions.
Energy
The ability of a government to act decisively and effectively
This happens particularly in the executive branch since there is only one leader
This allows for quick action on matters of public safety, etc.
Enumerated powers
Powers specifically listed in the Constitution as belonging to the federal government.
Implied powers
Powers not explicitly stated in the Constitution but inferred from its text.
They’re called “implied” powers because they’re…implied… *cue the gasps*
Plenary powers
Complete and absolute powers granted to a governing body.
The Virginia Plan would have given Congress these
(Idk why but Plenary sounds like a type of lettuce to me)
Electoral college
Created as a compromise from the Committee on Postponed Matters
It’s a group of electors established by the Constitution to elect the President and Vice President.
Each state maintained control over how and by whom that state’s electors would be chosen. (Same number of electors as it had senators and representatives in Congress)
Included the slaves from the 3/5ths compromise
Shared powers
Powers that are held jointly by both the federal and state governments or by multiple branches of the federal gov. Examples of federally shared powers: (Acronym: WAIT JV)
War: President is commander in chief but only Congress has the power to declare war
Appointments: Congress approves presidential appointments
Impeachment: The House can bring the charges and the Senate can hold the trial
Treaties: President can negotiate but Congress must approve
Judicial review: Supreme Court can decide whether acts of Congress are constitutional.
Veto: Congress can override a Presidential veto
Ratification
The formal approval process of approving the Constitution.
Under the AOC it would have taken all 13 states
James Madison decided only 9/13 states’ ratifications were necessary for the Constitution
The delegates also decided the Constitution would be presented to special ratifying conventions in each state (elected by popular vote), rather than to the existing state legislatures.
Bill of Rights
The first ten amendments to the U.S. Constitution, guaranteeing individual rights.
Federalists didn’t believe we needed one but adding it was the reason the anti-federalists agreed to the constitution
(Andrew’s being distracting)
Faction
James Madison used this to counter the Anti-Federalist idea that a republican government could not be sustained over a large and diverse nation (Ex. fall of Rome)
He flipped the ideas of classical republicanism and said a self-interested faction (group of people) posed the greatest danger to the people (Meaning that unity was actually better for the common good than smaller communities)
New Science of politics
A term used to describe a modern approach to political theory and governance.
The Federalist Papers argued that the Constitution reflected this idea, and that it made the Anti-Federalist critiques outdated/irrelevant
James Madison
A Founding Father and the fourth President of the United States, known as the "Father of the Constitution."
He was a strong Federalist, but also promised the anti-federalists he would write the Bill of Rights if he was elected into Congress, and went through with that promise
George Washington
The first President of the United States
Much of the Constitution was written under the knowledge that he would be leading the country first and would uphold the values written in it
(Good old Georgy)
Alexander Hamilton
A Founding Father and the first Secretary of the Treasury, advocate for a strong central government.
Wrote 51 Federalist papers
(HAMILTON WOOOOO)
Brutus
A pseudonym used by anti-Federalists who opposed the ratification of the Constitution.
Robert Yates was specifically known for using this
Named after Lucius Junius Brutus, who led the overthrow of the last Roman King (who was one of Julius Caesar's assassins)
Publius
The pseudonym used by Federalists, including Hamilton, Madison, and John Jay, in support of the Constitution.
Named after Publius Valerius Publicola, one of the Roman aristocrats who overthrew the monarchy and who is credited with being instrumental in the founding of the Roman Republic
(These dudes really like Rome…)
Articles of Confederation
The first governing document of the United States, establishing a confederation of states.
Gave the states the majority of the power and didn’t allow the federal enough power to keep the country together
Shay’s Rebellion
An armed uprising in 1786-1787 by farmers protesting economic injustices and lack of government response under the AOC
This was the scare factor that finally convinced the citizens a Constitution was necessary
Annapolis Convention
A 1786 meeting aimed at addressing trade and economic issues
This lead to the Philadelphia Convention
Philadelphia Convention
The 1787 meeting where the U.S. Constitution was drafted.
Dealt with compromises between Federalists and Anti-Federalists
(It took me way too long to realize that this and the Constitutional Convention were the same thing)
Virginia Plan vs New Jersey Plan
Opposing sides on how representation should be included in the Constitution
VA plan wanted a strong national government with proportional representation
NJ plan wanted a limited national government with equal representation
Great Compromise/Connecticut Compromise
Compromise between the VA vs NJ plans
Established a bicameral legislature with proportional representation in the House of Representatives and equal representation in the Senate
3/5 Compromise
Part of the resolution surrounding representation in the constitution
Northerners didn’t want slaves to add to Southern Votes while Southerners did
This compromise counted slaves as three-fifths of a person for representation and taxation purposes.
Supremacy Clause
A clause in the Constitution stating that federal law takes precedence over state law.
Declaration of Independence
The 1776 document declaring the American colonies' independence from British rule.
Contains a preamble, a list of grievances, a formal declaration of independence, and signatures
State Constitutions
The governing documents of individual states, outlining their structure and laws.
Can protect more individual rights than the National Constitution can
Weaknesses of the Articles of Confederation
Lack of central authority, inability to levy taxes, and difficulty in passing laws.
Couldn’t keep the states together
(And now we pause while I go get my glasses tightened- they keep falling off my face)
Federalist critique of the AOC (Papers 2-8)
They argue for a stronger central government to address issues of governance and stability.
Believed the country needed an Executive branch (not included in the AOC) that could act with energy
Slavery compromises in the Constitution
Northern states wanted abolition in the constitution, Southern states wanted protection of slavery
Outcomes:
Three-Fifths Compromise
Fugitive Slave Act
Slave trade compromise
Did not legalize slavery on a national level, instead reinforcing that it was a state institution
Slave trade compromise
Slavery related compromise made at the Constitutional Convention
Said Congress could not prohibit the slave trade for 20 years until 1808, but could levy a tax on people imported and used as slaves
Also gave the federal government some power over commerce
Federalist 70
Argues for a strong executive branch
Emphasizing the need for energy and decisiveness in leadership
(Literally who’s reading all 85 of these??)
Difference between “energy” and “deliberation”
Energy refers to the ability to take decisive actions, while deliberation involves long discussion and consideration.
The executive branch has energy because of it’s singular leader, and the legislative branch has deliberation because of the many representatives
McCulloch v Maryland
Maryland attempted to tax the U.S. national bank
Decision was made by interpreting the Constitution holistically
Supreme court ruling:
The state couldn’t do that
The federal government can establish a national bank & control currency ]
It affirmed implied powers and federal supremacy.
Electoral College
Organized once every four years to select a president.
Each state maintains control over how their electors are be chosen.
Balances influence among states, reflecting concerns over direct democracy.
Federalist 51
Explains the necessity of checks and balances to prevent tyranny and protect shared powers.
(hey did I mention there are too many of these)
Anti-Federalists oppositions
(Acronym: BR NPC)
The government could take any rights not directly protected, so a Bill of Rights is needed
Republican government can only work in a small community of similar citizens as demonstrated by the fall of Rome (Classical republican virtues)
The “necessary and proper” clause doesn’t leave room for adequate limitation on Congress’s power.
The president of the United States has the unlimited power to grant pardons for crimes
The national courts can destroy the state judicial branches with their power
Federalist response to Anti-Federalist critiques
(Acronym: BF VS)
Constitution has enumerated powers not plenary powers and therefore the Bill of Rights isn’t needed
Self-interested factions pose the greatest danger to the people, meaning small communities were dangerous (Flipping classical republican ideas)
Civic virtue can no longer be relied on as the sole support of an effective government (New science of politics)
The complex systems + checks & balances in the Constitution will promote republicanism and protect basic rights
Federalist governmental/world view
Separation of powers
Strong national government
Shared sovereignty between states and national
Promoting economic development
International relations through force/military
(So basically “BIG POWERFUL RAWR” etc)
Anti-federalist governmental/world view
Decentralized government
Individual liberties
Preservation of state sovereignty
Preventing tyranny
(Wait…I need to go back through my actual notes from class and put that stuff in…I’ve just been using the textbook 😢)
Federalist interpretation of Unit 1 (I don’t think this is the full answer to this question but like- i tried)
What is a republic:
Large diverse community which can protect against factions and has the most qualified people represent others (Social Contract theory / New science of politics)
The accumulation of everyone’s self-interest is the common good, and Civic Virtue can not be relied upon
Powers:
Separation of Powers is necessary to protect democracy
Necessary and Proper clause is needed in a changing country
Anti-Federalist interpretation of Unit 1 (I don’t think this is the full answer to this question but like- i tried)
What is a republic:
Classical republican (small, homogeneous) community where each person is represented
Civic Virtue/common good is found in these communities
Powers:
Separation of Powers is designed to keep elites in power
Necessary and Proper clause gives Congress too much power
Overview of the debates at the Constitutional Convention (Not on his review sheet but kind of important)
Power balance
Between branches
Between state and national
Representation
Equal or proportional?
Do slaves count? (Also separate debates about the inclusion of slavery)
Legislative branch
Equal or proportional representation?
Legislative Supremacy?
Executive branch
One leader or multiple
Direct or indirect elections
Term limits
Judicial Branch
How to keep judged un-corrupted
Weird crap they pretended didn’t exist and didn’t put in the constitution
National Citizenship (slaves)
Voting Rights (left to states)
Power Balance (state and federal)
Right to Secede