Government

• Declaration of Independence: first mention of the United States of America (colonies → states)

  • Jefferson’s main argument: Due to the series of abuses from King George, the colonies have the right to become their own country
  • Types of  grievances: colonists laying out their issues with the rule of King George III in the Dec of Independence → overly taxed, no representation, too much power for one person (king), citizens have no voice in government
  • Social contract: government derives their power from the consent of the governed (if violated, people get to overthrow government and replace it with a new one)(only allowed after a series of abuses)
  • Natural rights: rights from birth/unalienable rights → life, liberty, + pursuit of happiness

• Articles of Confederation: “firm league of friendship”. drafting plan for nation but was not good and did not last long

  • AoC as a reaction to British rule: unfair monarchy → weak central government + one delegate per state + democracy + more state power, heavily taxed → only taxing by state not gov, not part of government and law making decisions → 9/13 states need to agree to pass a law
  • Weaknesses, Strengths: weaknesses → limited power for congress, no trading or taxing, no court system, diff currencies, can’t solve disputes between states, weak central government. strengths → government does not have too much power, people see new system of governing body, problems show what needs to be fixed in future

  \n

• Shays’ Rebellion: Daniel Shays led a rebellion against taxes & debts with other Massachusetts farmers (who had gone to war and were in debt)

  • Why did it happen: Bank tried to seize farms to get money to pay debts to gov
  • Benefits of the rebellion: Showed the weaknesses of the AoC

• Constitutional Convention, 1787: fifty-five delegates, kept private so only people who were there knew

• Virginia Plan: two houses for legislature: both based upon population → one house: chosen by the people and one house: chosen by state legislature. legislature chooses executive (president) and judges. more people → wanted population to matter more. JAMES MADISON AND EDMUND RANDOLPH

• NJ Plan: one house for legislature: one representative per state. multiple executives (multiple presidents) and the executive branch would choose the judges. now smaller states have more power because they needed to represent less people than the larger states → less people - wanted equal representatives. WILLIAM PATERSON

• Great Compromise (CT Plan): bicameral: two houses for the legislature where one house: two representatives per state → the senate. elected by state legislatures, upper chamber. one house: depended on population → house of representatives. elected by the people, lower chamber. the senate + house of representatives = congress. ROGER SHERMAN

• Three-Fifths Compromise: south gets: three out of five enslaved people counted as people and north gets: financial relief since taxes are based upon population

• Influences on Constitution

  • Roman Republic → Empire: served in public office, encouraged citizen participation, learned that no republic could survive unless its citizens remained independent - civic republicanism
  • English Law: Includes, Magna Carta → King had to follow law, trial by jury, private property English and Bill of Rights → trial by jury, bear arms, Habeas Corpus 
  • Enlightenment thinking (4.3): Includes, Charles Montesquieu → philosopher who came up with separation of powers and John Lock → life, liberty, pursuit of happiness, governments get their power from the people, private property

• Federalists & Antifederalists

  • Federalist: in support of the constitution, want a strong federal government, Alexander Hamilton, James Madison, John Jay
  • Antifederalist: not in support of the constitution, want weaker central government → fear one person getting too much power, George Mason

  \n

• Arguments for and against the Constitution: 

  • Antifederalists →  rights might be limited to those in the constitution, made gov too powerful and states too weak, gave president too much power (too similar to britain monarchy)
  • Federalists → articles left too much power with states and produced a weak central gov, constitution still protected rights and powers of states

• Federalist Papers, Federalist 51: essays in support of constitution → needed support to pass the constitution, total of 85 anonymous papers (Maddy: 29, Jay Jay: 5, Hammy: 51)

• George Mason & “Objections to the Proposed Constitution”: an antifederalist paper stating the current constitution does not provide any protection or representation for citizens and that it needs to include a declaration of rights (bill of rights) or else government will infringe upon rights

  \n

• Popular sovereignty: the government gets its authority from the people, states that people have the right to alter or abolish gov’t (the government gets its power from the consent of the governed)

• Republicanism: citizens elect representatives, representatives vote according to their their judgment, must remain open to opinions of people 

• Federalism: division of power between federal gov’t and states, federal gov’t powers → coin money, declare war, regulate trade, states powers → regulate trade within their own border, makes rules for state elections

• Checks and balances: dividing powers between branches and having powers over each other so that every branch is equal (check → powers one branch has on others to keep a branch in check , balance → powers on a branch from other branches to keep that branch in check)

  • checks for judicial branch: checks → judicial review. balances → congress can remove/impeach justices, can’t make/enforce laws, only review laws and determine if constitutional if brought up to them
  • checks for executive branch: checks → veto, nominates justices, suggests + vetoes laws, grants pardons. balances → nominates justices but appointed by Senate.
  • checks for legislative branch: checks → can override veto with ⅔ of House + ⅔ of Senate, confirm/reject presidential nominations to appoint justices or heads of federal agencies. balances → judicial review.

• Separation of powers: different branches of government Charles Montesquieu

• Limited government: a government only has a certain amount of power (given through a constitution)

Individual rights: unalienable rights that cannot and should not be infringed upon by the government or any other entity (protected through the bill of rights)