Chapter 1
1/5/23
American Political Culture
- When Americans assert their rights they are doing so based on revolutionary ideas
- These ideas make up the country’s basic DNA
Enlightenment Principles
- Enlightenment principles shaped American revolutionary ideas
- Democracy: power held by the people
- Natural rights: the right to life, liberty, and property in which gov. Cannot take away (John Locke)
- Social contract: people allow their government to rule over them to ensure an orderly and functioning society
The Declaration of Independence
- Jefferson’s arguments:
- British government no longer legitimate
- Inalienable rights were denied to citizens
- “Life, Liberty, and the pursuit of happiness” - should be self-evident under the law of nature
- A long list of grievances against the King of England
- No representation, justice obstructed, standing armies threatened, unfair taxes imposed
Government by the People
- Popular Sovereignty: the idea that the government’s right to rule comes from the people
- Republicanism: the authority of the government comes from the people
- Representative government
- Americans use free, fair, and frequent elections to hold officials accountable
- Opposes a direct democracy
Two Visions of Liberty
- Social, political, and economic freedoms
- Freedom from interference by a government
- Freedom to pursue one’s dreams
- Conflicts with government-imposed order
Competing Theories of Democracy
Participatory Democratic Theory
- A theory that widespread political participation is essential for democratic government
- The more ways people have to participate
- Citizens can join groups outside of the government's control
- Demonstrates strong civil society
- Joining voluntary associations prepares citizens for the democratic process
- Work for a common good
- Think in individuals
Pluralist Theory
- Americans have always united for a common purpose with like-minded people
- America is “a nation of joiners”
- A theory of democracy that emphasizes the role of groups in the policymaking process
- Groups compete, and no one group dominates
- Results in bargaining and compromise
- Americans generally join interest groups that collectively seek to influence policy outcomes
- National Rifle Association (NRA)
- American Association of Retired Persons (AARP)
- Think in groups
Elitist Theory
- A theory of democracy that the elites have a disproportionate amount of influence in the policymaking process
- A small minority dominates politics by influencing elected officials
- Represented by wealthy interest groups and donors
- Top 1% of earners
- Tax exemptions
- Lax government regulations
1/9/23
What influenced the American government?
- The Age of Enlightenment 1650s-1780s
- Challenged the authority of the Catholic Church
- The idea of Reforming Society with toleration, science, and skepticism
- The idea of natural rights-all humans are born with these
- Life
- Liberty
- Property
- The idea of social contract- people need protections and agree to give up certain freedoms for that protection. What is the best form of protection?
- Absolute Monarchy (Hobbes)
- Constitutional Monarchy or Republic (Locke)
- Limited government with the consent of the governed (Locke)
- Democracy or whatever is decided directly by the people (Rousseau)
- Early British documents
- Magna Carta
- English Bill of Rights
- Petition of Right
- State Documents
- Viriginia Declaration of Rights (George Mason)
- Massachusetts Body of Liberties
- General mistrust of strong national government based on the former colonial relationship with Britain
Thinkers of the Enlightenment
Thomas Hobbes (British)
- Ideas:
- A social contract exists between rulers and the governed
- Absolute rulers may be necessary to maintain order in a “state of Naure”
- Major work:
- Leviathan
John Locke (British)
- Ideas:
- People have natural rights to life, liberty, and property
- Major work:
- Two Treatises on Government
1/10/23
Jean-Jacques Rousseau (French)
- Idea:
- Popular sovereignty: Government must do what the people want it to do
- Major Work:
- The Social Contract
Charles-Louis Montesquieu (French)
- Idea:
- A government’s power should be limited, and it should be divided among different groups of people
- Major Work:
- The Spirit of the laws
Voltaire (French)
- Idea:
- Free Speech: “I may disapprove of what you say, but I will defend to the death you're right to say it”
- Major Work:
- Candide
Mary Wollstonecraft (British)
- Idea:
- Women should have the same rights and opportunities as men have
- Major Work:
- Vindication of the Rights of Women
Adam Smith (Scottish)
- Idea:
- Government should not try to control the economy
- Major Work:
- The Wealth of Nations
Chapter 2
James Madison: Clear-Eyed Visionary
- Constitution: a document that sets out the fundamental principles of governance and etsblishes the institutions of government
- Republic: a government ruled by representatives of the people
- Madison’s goal: create a republic that lasted
The Articles of Confederation
- Adopted by the second continental congress in 1777
- Created a loose “leaugue of friendship” among the states
- Union of sovereign states supreme to national government
- Provided equal representation to all states with one vote in congress
- Unicameral (one house) legislature
- No independent executive of judiciary
- Lacked power to tax
- States controlled trade (imports)
- National government intentionall weak
- GOAL: avoid tyranny
The End of the Articles
- Annapolis Convention
- Called in 1786 to address trade and navigation disputes among the states
- Participation was weak (5 of 13 states represented)
- Called for another convention in Philadelphia
- Shay’s Rebellion
- A popular uprising against the government of Massachusetts, led by Daniel Shays
- Illustrated the weakness of the Articles and led many skeptics to argee to replace the Articles of Confederation
Problems with the Articles
- Shortage of “hard money” and plenty of debt
- National government could not regulate commerce among the states or levy taxes under Articles
- Had to ask the states for money
- Internal rebellions, like Shay’s Rebellion, could not be stopped because the Confederal Congress could not raise an army
- These crises led to calls for change
1/12/23
The Constitutional Convention
- In May 1787, 55 delegates from 12 of the 13 states met in Philadelphia to amend the Articles of Confederation
- James Madison: Father of the Constitution
- George Washington: President of the Convention
- Alexander Hamilton: Leading proponent of the strong national government
- Delegates were all men, educated, elites, had political experience, ⅓ owned slaves
Protecting Freedom
- Goal: Create a strong fiscal and military state while simultaneously protecting individual liberty
- Protections in the Articles of the Constitution:
- Writ of habeas corpus: the right of people detained by the government to know the charges against them
- Bills of attainder: when legislature declares someone guilty without a trial
- Ex post facto laws: Laws punishing people for acts that were not crimes at the time they were committed
- Individual freedoms are mostly protected in the Bill of Rights, not the Articles of the Constitution
Representation in Congress
- Multiple plans emerged as a result of small states and large states arguing for influence in Congress
- Virginia Plan (James Madison - VA)
- 3-branch government with a bicameral legislature
- Larger states had more representation in both chambers
- Lower House: elected directly by the people
- Upper house: nominated by state legislatures and chosen by lower house
- New Jersey Plan (Wiliam Patterson - NJ)
- Unicomeral legislature with each state allotted one vote
A Document of Compromise
- Great (Connecticut) Compromise
- Bicameral (two house) legislature
- Lower House (House of Representatives)
Elected directly by citizens; representation based on population of state
- Upper house (Senate)
- Selected by state legislatures; 2 per state
- Three-Fifths Compromise
- An agreement to count slaves as three-fifths of a person in calculating a state’s representation
- Compromise on Importation
- Slave trade not restricted until 1808
1/13/23
Checking Power
Separation of Powers: a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own
“Serparated institutions sharing powers”
Checks and Balances: a design of government in which each branch has powers that can prevent the other branches from making policy
Fear of too much concentration of unchecked power in a single executie
Federalism: the sharing (division) of power between the national government and the states
Multiple access points for citizens
The Legislative Branch
Congress: makes laws
More power than unicameral legislature under Articles of COnfederation
Enumerated/Expressed powers: authority specifically granted to a branch of the government in the Constitution
Borrow money, tax, regulate interstate commerce
Nencessary and Proper (Elastic) Clause: Article 1, Section 8, granting Congress necessary powers to carry out enumerated powers
Implied powers: authority of the federal government that goes beyond its expressed powers
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The Executive Branch
Single Executive (although debated)
4-year term (no limits on terms)
Job is to carry out the laws that have been passedby Congress
Most powers shared with Congress to prevent tyranny
Veto, commander-in-chief, oversee execution of law by bureaucracy, treaty making
Selected by the Electoral College - indirectly elected by the people
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The Judicial Branch
System of federal courts - responsible for hearing and deciding cases through the federal courts
Supreme Court: highest court in the land
Lower court structure determined by Congress
Jurisdiction to handle disputes between states and national government, between two or more states, between citizens of different states
Supremacy Clause: Constitution and all national treaties and laws shall be the supreme law of the land (article 6)
Judicial review, the ability of the courts to overturn a law or executive action, is not explicit in Constitution
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Changing the Constitution
- Amendment: process by which changes may be made to the Constitution
- Changing Constitution is deliberately slow and difficult
- 2-Stage process:
Passage by two-thirds vote in both House and the Senate, or passage in a national convention called at the request of two-thirds of the states
A majority vote in three-fourths of the state legislatures, or acceptance by ratifying conventions in three-fourths of the states
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1/17/23
Articles
There are 7 articles in the second section of the COnsttitution, each accomplishing different things
Article 1: The legislative article lays out the structure and powers of the legislative branch
Article 2: The executive article lays out the structure and powers of thetwo or more states, between citizens of different states
Supremacy Clause: Constitution and all national treaties and laws shall be the supreme law of the land (article 6)
Judicial review, the ability of the courts to overturn a law or executive action, is not explicit in Constitution
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Changing the Constitution
- Amendment: process by which changes may be made to the Constitution
- Changing Constitution is deliberately slow and difficult
- 2-Stage process:
Passage by two-thirds vote in both House and the Senate, or passage in a national convention called at the request of two-thirds of the states
A majority vote in three-fourths of the state legislatures, or acceptance by ratifying conventions in three-fourths of the states
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1/17/23
Articles
There are 7 articles in the second section of the COnsttitution, each accomplishing different things
Article 1: The legislative article lays out the structure and powers of the legislative branch
Article 2: The executive article lays out the structure and powers of the executive branch
Article 3: The judicial article establishes a national judiciary and gives Congress the power to create additional court systems
Article 4: Deal with the relationships betweeen states
Article 5: Provides methods for amending the Constitution
Article 6: National Debt
Article 7: Provides provisions for ratification of the Constitution
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Amending the Constitution
Article V provided four methods to amend the Constitution
Method 1:
Proposed by a ⅔ vote in each house of Congress
Ratified by ¾ of the state legislatures
Method 2:
Proposed by a ⅔ vote in each house of Congress
Ratification by conventions in ¾ of the states
Method 3:
Proposed by a national convention called by COngress at the request of ⅔ of the states
Ratification by ¾ of the state legislatures
Method 4:
Proposed by national convention called by Congress at the request of ⅔ of the states
Ratified by conventions in ¾ of the states
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Amendments Cont.
There is no time limit for ratification of an amendment once it is proposed
Congress may set a time limit if they so choose
Example: The 27th amendment was proposed in 1789 as part of the Bill of Rights, however it was not ratified until 1992
26 of the 27 amendments have been ratified through method 1
The 21st amendment was added through method 2 in 1933
This 21st amendment is the only amendment that cancels out another
It repealed the 18th amendment, which outlawed the sale and consumption of alcohol
Chapter 3
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Ratification: Federalists versus Antifederalists
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Ratification Debates
The fate of the Constitution was based on state ratifying conventions
Delegates were torn over whether or not to ratify the new Constitution
Two camps emerged: Federalists and Antifederalists
Divided over:
The feasibility of republican government in a large republic
The relative power of states and the national governing
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Federalists
Supporters of the proposed Constitution, who called for a strong national government
Pointed to the problems under the Articles of Confederation
George Washington, Benjamin Franklin
Published Federalist Papers to sell the Constitution to the public and push delegates to ratify
Alexander Hamilton, James Madison, John Jay's name “Publius”
1787 New York Papers
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Antifederalists
Opposed to the proposed constitution, which called for stronger state governments
Played on the fears that a change in government would bring
The Constitution would be trampled over people’s and state’s rights
Mistrusted powerful elites; Mostly rural backgrounds
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Federalist Papers - No. 10
- Written by Madison
- Advocated for a large constitutional republic
- Feared danger of faction, a group of self-interested individuals who use the
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