PSC Exam 1

PSC 1387 EXAM 1

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1. Who interprets constitutional meaning? (teach you to fish, rather than give you a fish)

2. Three function of a constitution

   1. Empower: authorize political action (taxes, privacy)

   2. Retain: limit governmental action ex: mobility

   3. Structure Relationships and Interaction

      1. Between parts of government

      2. Between people and government

         1. Tends to produce a two party system from a single membered district

3. Five levels of constitutional deliberation

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1. Lockean (classical) liberal

   1. God creates man free and equal, with a right to life, liberty, and property

   2. Man secures his rights by creating government and giving up some rights ( the ability to think freely)

      1. The purpose is supposed to allow people to live out their rights (will give up the state of nature to do so)

   3. If government becomes tyrannical, the people have a right to abolish it and create a new one (right to revolution is natural), opposed by the divine right of kings

2. Classical (small r) republican- ancient political thought (ancient political thought- roman)

   1. Liberty is based on virtue and balance (shown in the government and the people)

   2. The corruption of virtue tips government into tyranny

      1. Corrupt leaders

      2. Corrupt citizens

3. Christianity

   1. General academic knowledge at minimum

   2. New testament includes language connecting God to the natural law

History Notes- After the French and Indian War (1754-1763)

1. Raised Taxes (ex: stamp act 1765, Tea Act of 1773)

   1. Taxation without representation

2. Military courts used for tax evaders (denial of jury trial)

3. Quartering of soldiers

   1. All adds up to tyranny

The Declaration of Independence- Thomas Jefferson

1. Declaration of Independence= aspirational and non-judiciable

2. US constitution= legally binding and judiciable

Paragraph #1

Why the difference? Gives the document more weight on the world stage.

Paragraph 1 provides the: provides the moral justification for their declaration

1. “The Laws of Nature and Nature’s God” (ie. natural law)

Paragraph #2 

Why the difference? Common christian intellectual background connecting the natural laws origin with God rather than everyone’s equal creation.

Paragraph 2 continues the argument demonstrating: They have a right to declare independence and establish a new government and the king is a tyrant.

1. Governments are created by “Men… to secure these rights”

2. Government derives its power from the “Consent of the Governed”

3. “Whenever… government becomes destructive of these Ends, it is the Right of the People to alter or abolish it…”

4. “A long train of abuses” it is clear they have been put under “absolute Despotism.” The King has established “absolute Tyranny”

   1. An example of small r Republican, corruption of leader

      1. Pathway of Corruption described: 

Paragraphs #3-29

Five Examples from the Final Version

1. “He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.”

2. “He has made Judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries”

3. “For Quartering large bodies of armed troops among us”

4. “For imposing taxes on us without our consent”

5. “For depriving us in many cases of the benefits of trial by jury”

Why the exclusion: Would have been unacceptable to the Southern colonies.

Paragraphs #30-32 provide the conclusion: “these United Colonies are, and of Right ought to be Free and Independent States”

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The 1780s and the Article of Confederation

1. The Politics and Problems of the 1780s

1. New State Governments

In reality: legislative supremacy

1. No check from the executive

2. Interfering with judiciary (Rhode Island)

3. Disregarding constitutional rights

2. Politics in the states

1. It's always about the Money?

   1. Creditors (bankers) vs. debtors (farmers)

   2. Legislatures sided with debtors

   3. When they didn’t —> Shay’s Rebellion (preventing the debtor’s court so they would not go to prison)

   4. Washington letter 1786: danger (the people, radicle policy with no private property) and solution (change in government)

2. Corruption of the leaders —> corruption of the people

3. Tyranny of the executive —> tyranny of the majority

II. The “Firm League of Friendship” and its Problems

1. What’s in the Articles of Confederation?

   1. Unicameral Legislature- one chamber (one branch)

      1. Appointed by states (2-7 delegates)

      2. State block voting (9 of 13/ super majority threshold)

      3. Term limits (Rhode Island)

   2. Non-existent executive

      1. Created an executive committee

   3. No national judiciary

      1. States retained sovereignty

   4. Amendment Process

      1. Impossible (unanimous) 

2. Powers of the Articles of Congress

   1. Foreign relations

   2. Coining money

   3. Borrow Money

   4. Requisition money (you can ask the states to send money per year)

Success—> northwest ordinance of 1787

3. Problems of the Articles

   1. No power to tax or regulate commerce

   2. No executive for energy

   3. State sovereignty retained 

      1. Engaged in foreign relations 

      2. Engaged in trade and tax wars

It was a constitution built to —> constrain

4. The Articles, a Tragedy

   1. Government can’t pay debts

      1. States were not paying (sometimes only 10%)

      2. Couldn’t pass a national tax (Rhode Island)

      3. Can’t borrow money

      4. Philadelphia Mutiny of 1783: could not pay soldiers

   2. Government prints more money

      1. Printing more money: inflation

      2. National money is worthless

      3. Economic recession

   3. Government calls for more money from the states

      1. Tax collectors evict farmers —> Shays rebellion

   4. States engaging in trade wars with each other

      1. Example: New York: tax on foreign goods, the people pay it

      2. Threaten to bring in foreign powers

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Constitutional Convention and Debates: representation in congress

1. The Constitutional Convention

1. The Build Up

   1. Mount Vernon Conference (March 35-38, 1785)

      1. Virginia State Legislature Invitation

         1. A way for holding larger discussion on commercial issues 

   2. Articles Congress Considered Amendments (August 1786)

      1. Regulate Commerce, Empower to collect requisitions, create judiciary (power to send tax collectors to states)

   3. Annapolis Convention (September 12-14, 1786)

      1. Commercial Powers

      2. Concluded more was needed

      3. Articles congress approves another convention (Feb 21, 1787)

      4. 12 delegates in total 

         1. Hamiltion wanted to address powers beyond commercial issues

2. Details of the Convention

   1. Where

      1. The pennsylvania state house (independence hall)

   2. When 

      1. May 14- September 17, 1787 

   3. Who

      1.  12 of 13 states (Rhode Island)

      2.  “An assembly of demigods” - Thomas Jefferson

      3.  74 delegates selected; 55 attended; 41 present at the end

         1. John Adams was not there, Thomas Jefferson

         2. George Washington, Benjamin Franklin, Alexander Hamilton, James Madison, Gouveneur Morris were all present

   4. How 

      1. George Washington presided

      2.  Amending the articles → new government

      3.  Secrecy during the convention

      4. State voting

      5. Committees (12 total)

II. Representation in Congress

1. Trustee vs. Delegate Representation

   1. Actual representation

      1. Elections —> necessary for representation to occur

      2. Geography —> connected to the space not the interests

   2. Delegate View

      1. Mandated

      2. Reflection of constituent’s judgement: is it good for the people they have been chosen to represent

      3. Local orientation

   3. Trustee View

      1. Independence

      2. Individual judgement

      3. Common good

2. Direct Election by the People

   1. Arguments in Favor

      1. Legitimacy of new government

      2. Reflects desires of the people (elections from the people keep this in check)

   2. Arguments Against

      1. People are easily fooled

      2. “Excess of democracy”in the states: the people are actually the problem

3. Indirect Election by the States

   1. Arguments in Favor

      1. Elect better representatives

      2. State interests

   2. Arguments Against

      1. Too much power to the states

      2. State legislatures were the problem

4. The Connecticut Compromise and National Representation

   1. Bicameralism as a check

      1. House: Proportional representation, elected by the people, delegate view

      2. Senate: equal representation, appointed by state legislatures, trustee view

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Solution to Tyranny of the Majority

1. Federalist 39 (republic, combination of both Federalism and Nationalism)

1. Main Questions of Fed 39

   1. Is the government created by the constitution a republic 

   2. Is the government created by the Constitution a federal system?

2. A republic?

   1. Madison’s definition: “a government which derives all its power directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.”

   2. Conclusion: yes it comes from the people

3. A federal system?

   1. Federal System: derives power from the states

   2. National System: derives power from people

   3. Unitary System:

   4. The Evidence:

      1. Process of Ratification: Federal-> looks to each state individually

      2. House: nationally

      3. Senate: federal

      4. President: national and federal

      5. Power: national, acts directly upon the people (tax), the scope of the power is limited

      6. Amending Process: federal and national

   5. Conclusion: “The proposed Constitution, therefore is, in strictness, neither national nor a federal Constitution, but a composition of both”

II. Separation of Powers

1. Why Separate Powers

   1. Theory: Spirit of the Laws by Montesquieu

      1. “When the legislative and executive powers are united in the same person or in the same body, magistrates, there can be no liberty; because apprehensions may arise, lest the same”

   2. Practice: state politics of the 1780s

      1. Legislative supremacy

      2. Tyranny of majority

2. Debate on the Council of Revision: June 21

   1. Council of Revision: body made up of members of executive and judicial branches to review laws passed by congress with a qualified veto power. 

      1. Executive and judiciary → council of revision: power to review all laws passed by congress, limited veto power

   2. Arguments supporting

      1. Defense against encroachment: “experience in all the states had evinced… legislative to absorb all power into its vortex”

      2. Preventing bad laws: laws may be constitutional and destructive

   3. Argument Against

      1. Violation of separation of powers

         1. Eldbridge Gerry

         2. Governeur Morris

      2. Response

         1. June 21: James Wilson, the joint weight of the two departments was necessary to outweigh the legislative branch

   4. End result and takeaway

      1. The council of revision was discarded

      2. Centrality of separation of powers

      3. Danger of the legislature

III. Federalist 51

1. “Necessary Partition of Power”

   1. Purpose: Explain how an imperfect separation of powers protects liberty

   2. Independence necessary

      1. Selection

      2. Pay

   3. Interior protections

      1. Defenses and motive

      2. Legislative and executive example

   4. Exterior protective: from the people with voting

2. Solution to tyranny of the majority

   1. Division of power and interest

   2. Double security

      1. Federalism: divides power vertically (national government at the top and state government at the bottom)

      2. Separation of powers: divides power horizontally (branches of government: legislative, executive, judicial)

      3. Large republic: interest

Review Day Notes/ Kahoot

1. Which of the options below is created to restrain, empower, and structure relationships?

   1. Constitution

2. What is the highest level of constitutional deliberation?

   1. Revolution

   2. Reference Table 1.1

3. Which below describes the construction level of constitutional deliberation?

   1. Political dialogue about principles 

4. What is an example of construction level?

   1. The nullification crisis (south carolina)

5. Which framework of political thought was concerned with the pathways to tyranny?

   1. Small r republican theory

6. Which of the answers below is NOT an abuse of the kind in the declaration of independence?

   1. Empowered colonial governors to pardon tax evaders

7. Who is considered the author of the declaration of independence?

   1. Thomas Jefferson

8. Which is an argument against direct election?

   1. People are easily fooled

9. What was the solution of state governments of state governments to the colonial problem of the king becoming a tyrant?

   1. Creating a strong legislature and weak executive branch

      1. Incorrect Answers: Most of them did not have the veto power, Some had to be appointed by the legislature

10. What happened when a state legislature was not responsive to debtor farmers in the 1780s?

    1. Shay’s rebellion

11. The articles of confederation failed to provide

    1. The ability to levy taxes

       1. Incorrect answers: The ability to print money, A legislative branch, The ability to request money from the states

12. What is the greatest success of the articles congress (the bolded answer is correct)

    1. The northwest ordinance

       1. Incorrect Answers: Not creating a list to protect personal liberties, kicking Rhode Island out of the confederacy, passing a tariff on imports

13. Which view of representation encourages independence of thought and a broad view of the public good?

    1. Trustee view (independence, individual judgement, broad view of the public good)

       1. Incorrect Answers: Delegate view (local orientation, reflection of constituents, mandated), senatorial view, presidential view

14. The connecticut compromise decided what divisive issue at the constitutional convention

    1. The structure of the legislature (senate and house)

       1. Incorrect Answers: The location of the new federal government, the election of the president, determining a states population and tax responsibility

15. How does madison defend his definition for a republican form of government in Fed 39

    1. He derived it from the state governments

       1. Incorrect Answers: He got the definition from Montesquieu, Compared it to the Roman republic, compared it to the Republic in athens

16. What type of governing system draws its legitimacy and power from subnational government units

    1. Federal system

       1. Incorrect Answers: National system, republican system, unitary system

17. What is the practical reason to explain the emphasis placed upon the necessity of a separation of powers

    1. State politics of the 1780s

       1. Incorrect Answers: The spirit of the laws- montesquieu, The french revolution

18. Fed 51 describes the double security present in the US constitution. What are the two design aspects of it

    1. Federalism and separation of power

Review Quiz (bolded answers are correct)

1. What right is derived from Lockean liberal thought that is central to an argument found in the Declaration of Independence?

   1. The right to revolution

   2. The right to free exercise of religion

   3. The right to freedom of speech

   4. The right to prevent corruption

   5. The right to own property

2. Which of these is not an accurate description of the government created by teh articles of confederation?

   1. Lacking a clear executive branch

   2. No national judiciary

   3. Controlled by a unicameral legislature

   4. An amendment process that was essentially impossible

   5. The place of ultimate sovereignty

3. In the tragedy of the articles and political problems of the states, what event cuased great concern for the stability of the new nation?

   1. Shay’s rebellion

4. One argument supporting direct election of representatives says:

   1. The people are too easily fooled into electing bad leaders

   2. It would allow for a representation of state interests

   3. They are the solution evidenced by state politics

   4. It would give the new government a strong foundation of legitimacy

   5. The people would elect virtuous leaders

5. What theme did the debate on the council of revision at the constitutional convention on June 21st revolve around?

   1. The executive power as a vortex

   2. Federalism

   3. Representation in congress

   4. The separation of powers 

   5. Popular sovereignty