Exam Review Notes: Social Contract, Enlightenment, and Constitution

Social Contract & Individual Rights

  • The social contract, individual rights, and marginalized groups are key themes.
  • Examine how the government protects minority groups (e.g., African Americans, women, immigrants) through amendments like the Fourteenth Amendment.
  • Consider the changing role of government and how it adapts to protect people's rights.

Enlightenment Ideas

  • Key Enlightenment concepts:
    • Consent of the governed
    • Unalienable or natural rights
    • Social contract
  • The Founding Fathers, like Thomas Jefferson, drew heavily from the Enlightenment when creating the U.S. government.

Declaration of Independence

  • The Declaration of Independence serves as a "mission statement" for the United States.
  • It establishes the ideals of equality, protected rights, and government by consent of the governed.

Articles of Confederation (Failure)

  • The Articles of Confederation was the first attempt at a U.S. government but ultimately failed.
  • Weaknesses of the Articles:
    • No executive branch
    • No standing army
    • No national army
    • No power to collect taxes
    • No judicial branch
  • Resulted in a weak federal government and an ineffective country.

The Northwest Ordinance

  • Established guidelines for adding new states to the Union.
  • Ensured that new states had the same rights as existing states.
  • Encouraged public education.
  • Prohibited slavery in the Northwest Territory. However, the Fugitive Slave Law still applied, meaning escaped slaves could be returned to the South if caught in states like Ohio.
  • Mandated that state governments be Republican (democratic) in structure, protecting civil liberties.
  • The Northwest Ordinance served as a template for many principles later incorporated into the Constitution, such as:
    • Protecting public education
    • Protecting civil liberties
    • Eliminating slavery (in new territories)
    • Establishing democratic governments

The U.S. Constitution

  • Replaced the Articles of Confederation to create a stronger national government.
  • Established three branches of government:
    • Legislative
    • Executive
    • Judicial
  • Gave the government the power to:
    • Collect taxes
    • Build an army
    • Regulate trade/commerce
    • Make laws
    • Settle disputes
  • Defined the relationship between the government and its citizens.
  • Ensured protection of basic rights (e.g., freedom of speech, press, religion, due process).
  • Established a republican government where people elect representatives.
  • Guaranteed power from the consent of the people through elections.
  • Included protections like habeas corpus to prevent absolute power.

Checks and Balances

  • To prevent any one branch from becoming too powerful
  • Examples:
    • President can veto laws
    • Congress can override vetoes
    • Congress confirms presidential appointments
    • President appoints Supreme Court justices

Federalists vs. Anti-Federalists

  • Federalists:
    • Supported the Constitution.
    • Advocated for a stronger federal government.
  • Anti-Federalists:
    • Opposed the Constitution initially.
    • Feared a powerful federal government.
    • Wanted to protect the power of the states.
    • Emphasized the need for explicitly protected individual liberties.

Bill of Rights

  • Compromise to address Anti-Federalist concerns and secure ratification of the Constitution.
  • Included:
    • Freedom of speech, press, assembly, petition, religion (First Amendment).
    • Due process of law (Amendments Four through Eight).
    • Protection against illegal search and seizure.
    • Protection for state's rights.
  • The Bill of Rights acts as an added safeguard to ensure individual rights are protected.

Key Documents

  • Declaration of Independence: Enlightenment ideals, mission statement.
  • Articles of Confederation: First government, weak federal government (failure).
  • Northwest Ordinance: Guidelines for new states, protections built-in.
  • U.S. Constitution: Stronger federal government.
  • Federalist Papers: Arguments in favor of the Constitution.
  • Bill of Rights: Protects individual rights, appeases Anti-Federalists.