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US Constitution Flashcards (Vocabulary Style)

Chapter 2: The US Constitution – Study Notes

  • Preamble (context and purpose)

    • The Constitution opens with the People’s authority: “We the People …”
    • Core aims include forming a more perfect union, establishing justice, insuring domestic tranquility, providing for the common defense, promoting the general welfare, and securing the blessings of liberty for ourselves and posterity. (Preamble concepts drawn from the transcript and standard text.)
    • This sets up the legitimacy of the frame that follows: a government grounded in the people’s consent with specific purposes.

  • Early instructional videos and visuals (educational aids mentioned)

    • No More Kings: School House Rocks video emphasizes rejection of the divine right of kings; advocates for a government elected by the people.
    • The Shot Heard Round the World: School House Rocks video references independence and the Revolutionary War; notes that France and Spain lent ships and guns (to be repaid later) rather than out of admiration for the U.S.
    • Critical caveats from the transcript:
    • The Electoral College is the body that actually elects the President, not a direct popular vote guarantee that the President will do exactly what the people want.
    • The international lending of ships/guns had financial/strategic motives and carries a repayment obligation, not purely benevolent support.
    • Question raised: Why did France and Spain lend resources during the Revolutionary War?

  • The Declaration of Independence: purpose, limits, and grounding ideas

    • It is an important political document but not a legal document; it had no international court ruling or legal force in today’s system.
    • Background ideas:
    • Natural rights: all men are created equal; rights come from being human, not from a king (who claimed divine right).
    • Social Contract Theory: government derives legitimacy from its ability to protect rights; government’s job is to uphold rights; if it fails, the governed may withdraw consent.
    • Authorship and caveat: Thomas Jefferson authored the Declaration while he personally owned slaves; this highlights a major moral inconsistency in the founding era.
    • Argument structure:
    • Major Premise: Social Contract Theory and Natural Rights.
    • Minor Premise: British government violated rights to “Life, Liberty and Pursuit of Happiness.”
    • Conclusion: We are independent from Britain.
    • Important nuance: Independence declared in a political sense, not a legal status; true independence was won on the battlefield.

  • The Articles of Confederation: first framework of U.S. governance

    • Post-Independence question: The Declaration declared freedom from Britain but said nothing about the structure of a national government.
    • Key facts:
    • Articles created: November 15, 1777; ratified March 1, 1781.
    • Concept: a Republic = representative government.
    • Confederation: loose association; states retain sovereignty and control; national government has limited powers defined by the states.
    • Core idea: the national government could do only what states allowed; no strong central authority.

  • Structures and weaknesses of the Articles of Confederation

    • Each state had one vote in Congress.
    • State legislatures selected reps, who pursued state interests first, sometimes over national interests.
    • Passing a national law required the support of 9 of 13 states: rac{9}{13} of states.
    • Amending the Articles required unanimity: virtually impossible to correct flaws.
    • No power to tax: even laws enacted could not be funded; no sustained national revenue.
    • No national president: no single voice to lead in crises.
    • Overall weakness: systemic paralysis in crisis and limited ability to fund, defend, or coordinate national policy.

  • Shays’ Rebellion and its lessons

    • Background: In winter 1786–1787, Daniel Shays led farmers in western Massachusetts protesting foreclosures due to unpaid taxes.
    • Massachusetts asked Congress to fund an army; only Virginia contributed; other states did not commit funds.
    • Massachusetts used its state militia to quell the rebellion with limited bloodshed.
    • Lessons for the Framers:
    • The Articles were too weak to ensure security and rule of law.
    • The people depicted as “We, the People” could be seen as ungrounded in the rule of law if central authority is ineffective.

  • The Constitutional Convention: three central compromises

    • To secure broad support for a new frame, three compromises were essential:
      1) The Great Compromise (Connecticut Compromise)
      2) The Three-Fifths Compromise
      3) The Bill of Rights

  • The Great Compromise (Connecticut Compromise)

    • The Virginia Plan urged a bicameral legislature with representation in both houses based on population.
    • The New Jersey Plan urged a unicameral legislature with equal representation for each state.
    • The Connecticut Compromise created a bicameral legislature:
    • House of Representatives: representation based on population.
    • Senate: equal representation for all states.

  • The Three-Fifths Compromise

    • Slavery’s role was central to representation and taxation debates.
    • Southern states wanted enslaved people counted for representation in the House but not for taxes; Northern states resisted counting enslaved people for representation and taxes.
    • Compromise: five enslaved persons would count as three for both population (representation) and taxes.
    • Moral/political critique: the compromise institutionalized slavery within the Constitution, legitimizing it in a document that argued for people’s right to self-government.
    • Framing note: Slavery’s presence highlights the tension between ideals of liberty and the realities of the era.

  • The Bill of Rights: securing civil liberties and state rights

    • Original Constitution lacked explicit protections for individual liberties.
    • Alexander Hamilton argued against a Bill of Rights: argued liberties were protected by structure (separation of powers, checks and balances, federalism) and listing them might imply others were unprotected.
    • Some argued that a Bill of Rights was necessary to protect key liberties (privacy often noted as a commonly missed liberty).
    • Compromise: the Bill of Rights was added as amendments (First 10 amendments).
    • Key constitutional mechanics:
    • Amendments 9 and 10 establish that rights not listed are retained by the people and that powers not delegated to the national government are reserved to the states.
    • This set the stage for broader civil liberty protections and state-federal balance.

  • Ratification, persuasion, and the Federalist Papers

    • Even after drafting in 1787, nine of thirteen states needed to ratify for the Constitution to take effect.
    • The Federalist Papers (85 pamphlets by James Madison, John Jay, and Alexander Hamilton) argued why the Articles were flawed and the Constitution superior.
    • They served as both political persuasion and early exposition of American political philosophy, explaining how and why the Framers structured the government as they did.

  • Democracy, distrust of people, and republicanism

    • The Framers did not trust unbridled democracy or even government officials to always act in the public interest.
    • They sought a system to restrain power, applying checks on both government and ordinary citizens to avoid abuse and tyranny.
    • Key question: Do government officials and the general public share the same goals for government? They may not always align, necessitating design protections.
    • The concept of a republic (representative democracy) was chosen over direct democracy or monarchy.

  • Protecting against abuse by government officials: separation of powers and checks & balances

    • Separation of Powers: three branches with distinct functions to prevent concentration of power:
    • Legislative: writes laws.
    • Executive: enforces laws.
    • Judicial: interprets/settles disputes and ensures laws conform to the Constitution.
    • Checks and Balances: each branch has tools to constrain the others; overlapping powers prevent any single branch from dominating.
    • Limited Government: Article I, Section 8 lists the enumerated powers of the national government.
    • Federalism: power is shared and balanced between national and state governments.
    • Bill of Rights: restricts the national government’s intrusions on essential individual liberties (e.g., speech, press, privacy concerns).
    • Difficulty of amendment: designed to make changes hard, ensuring stability but potentially resisting necessary reform.

  • The U.S. government structure (as presented in the classroom) – Branches and key facts

    • Legislative Branch (Congress): makes laws.
    • Members and composition:
    • Senate: 100 members; term length 6 years; no strict term limits.
    • House of Representatives: 435 members; term length 2 years; no strict term limits.
    • Executive Branch: carries out laws.
    • President: elected by the Electoral College; term length 4 years; two-term limit.
    • The Cabinet: headed by the President and confirmed by the Senate.
    • Judicial Branch: evaluates laws; interprets the Constitution; Supreme Court is the apex court.
    • Supreme Court: 9 justices; lifetime appointments; confirmed by the Senate.
    • Checks and Balances (brief recap): Congress can write laws, levy taxes, declare war; the President can veto; the judiciary can strike down laws or executive actions as unconstitutional.

  • Democracy and minority protections: “We, the People” with constraints

    • The Framers designed a system that limits direct popular rule in some areas to prevent mob rule and protect minority/minority rights.
    • The House is directly elected by the people (two-year terms) but broader checks exist: Senate originally chosen by state legislatures (now elected by the people after the 17th Amendment); the President via the Electoral College; and the judiciary with lifetime appointments.
    • No direct democracy in the Constitution; the system relies on republican representation and a framework designed to resist rapid, unconsidered shifts in power.
    • Two major interpretations about this design:
    • Standard view: the Framers protected against the tyranny of the majority.
    • Critics note that a “fixed, unchangeable government for a changeable, advancing people” is impossible, suggesting the design may still struggle with adapting to change.

  • Citizen participation and constitutional evolution

    • Preamble and Bill of Rights demonstrate that citizen input exists and has been codified over time.
    • The legislative branch is designed to be the most powerful representative arm, with revenue bills starting in the House.
    • Amendments have progressively broadened suffrage and participation:
    • 15th Amendment (1870): African-American men gained the right to vote.
    • 17th Amendment (1913): Direct election of U.S. Senators.
    • 19th Amendment (1920): Women gained the right to vote.
    • 26th Amendment (1971): Voting age lowered from 21 to 18.

  • Overall assessment: balance of order and liberty, and areas of debate

    • Questions raised about the Constitution’s balance of power: order vs. liberty, stability vs. change, and reliance on people in power to act rightly.
    • Critiques include:
    • It does not fully address civil rights and equality among citizens.
    • It is very difficult to amend, which can hinder necessary reforms.
    • The Electoral College can sometimes thwart majority rule.
    • Nevertheless, the Constitution embeds democratic components (e.g., Preamble, Bill of Rights, and a House responsive to the people) and aims for a durable framework that can adapt over time through amendments.

  • Key connections to foundational principles and real-world relevance

    • Natural Rights and Social Contract Theory: the moral and political justification for government power and its limits.
    • Republicanism: governance through elected representatives rather than direct rule by the people.
    • Federalism and separation of powers: mechanisms that prevent tyranny and spread power to protect liberties.
    • The dynamic tension between democracy and governance: the structure seeks to balance popular legitimacy with institutional safeguards.
    • Ethical implications: the presence of slavery in the 3/5 Compromise and the later expansion of rights highlight ongoing historical debates about liberty, equality, and justice.

  • Key figures, texts, and terms to remember

    • Federalist No. 51 (quote):
    • “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”
    • The Federalist Papers: 85 pamphlets by Madison, Jay, and Hamilton arguing for the Constitution and detailing political philosophy behind the Framers’ choices.
    • The three major compromises:
    • The Great Compromise (Connecticut Compromise): bicameral legislature with representation by population in the House and equal representation in the Senate.
    • The Three-Fifths Compromise: a slave’s count for representation and taxation purposes, set at 3/5 of a person for each enslaved individual.
    • The Bill of Rights: first ten amendments that protect individual liberties and limit federal power, with Amendments 9 and 10 clarifying reserved rights and powers.

  • Quick reference to key numbers and terms (LaTeX format)

    • Passing a national law under the Articles: rac{9}{13} ext{ states}
    • Unanimous consent to amend the Articles: impossible in practice
    • House representation: |H| = 435, term length t_H = 2 ext{ years}
    • Senate representation: |S| = 100, term length t_S = 6 ext{ years}
    • President: tP = 4 ext{ years}, term limits lP = 2
    • Electoral College: indirect method of electing the President (not a direct popular mandate)
    • Three-Fifths Compromise: 5 ext{ enslaved persons}
      ightarrow 3 ext{ persons for representation/taxation}
    • Ratification threshold: rac{9}{13} ext{ states}
    • Amendments expansion: 15th (1870), 17th (1913), 19th (1920), 26th (1971)

  • Connections to broader study topics

    • How natural rights and social contract theory justify governmental legitimacy and limits.
    • The evolution from Articles to a formal Constitution illustrating the learning process of the Framers under practical crisis (e.g., Shays’ Rebellion).
    • The role of compromise in constitutional design and the moral ambiguities embedded in foundational documents (e.g., 3/5 Compromise and slavery).
    • The ongoing balance between majority rule and minority protections, and between stability and change through amendments.

  • Summary takeaway

    • The U.S. Constitution emerged from a process of learning from the weaknesses of the Articles of Confederation, guided by Enlightenment ideas about rights and government legitimacy, and secured through key compromises and protections (Limited Government, Separation of Powers, Checks and Balances, Federalism, and the Bill of Rights) that together aim to balance order with liberty while remaining adaptable to future change.