American Government Flashcards
Why did America win the Revolutionary War?
Usually the country with the most supplies/food wins (in this case Britain) but that was not the case in this scenario.
The colonists had two advantages:
Morale- the colonists had a greater incentive and spirit to fight than did the British. Because the colonists believed they were fighting to preserve their way of life. (fighting for freedom—-The British didn’t have that, in fact, many mercenaries fought for the British and therefore lacked loyalty)
The colonists were greatly aided by the French. France gave the American colonists money, supplies, troops. France was Britain’s enemy. Wanted to push Britain out of North America.
British underestimation
What treaty ended the Revolutionary War
Treaty of Paris (1783) —American Victory
Articles of Confederation
America’s first constitution following the Revolutionary War.
WEAK NATIONAL GOVERNMENT
The drafters/signers of the Articles purposely created a Constitution with a weak national government because they feared giving too much power to the national government. Because their only experience of having a strong national gov’t. (British monarchy) caused TYRANNY. (abuse of power).
So as a result, much more power was given to the states than to the national government. Most Americans liked this, because most had more loyalty to their states/regions, than to the nation. At the time…very little sense of nationalism.
Weaknesses of the Articles of Confederation
Only 1 branch of government…the legislative branch (Congress). No executive branch to enforce laws (President) and no judicial branch to interpret laws (Courts).
In order to pass a law, 9 out of 13 states were needed to approve it. (The north and south never agreed. With this rule, there would be some crossover—-like all northern states and a few southern states, but this never happened)
In order to amend the Articles, you needed all 13 states to agree (unanimous)….never happened!
Generally speaking, under the Articles, Congress could not effectively legislate. (The states had the most say—Congress had to convince the states to do things, which never happened)
Examples-
–Congress could not tax the people directly.
–Congress did not have the SOLE power to print money
–Congress could not raise an army
–Congress could not control trade (buying and selling of goods—the states had their own trade rules)
Federalism
The power to rule/govern in this country is divided in half (2 levels of government: the federal government and the state governments. –there are also town/city governments but it’s not that important) The 2 both share power.
Achievements under the Articles of Confederation
Kept the states united
The Northwest Ordinance-1787- provided for the sale of new Western territory. Set up the idea of westward expansion.
What happened after the Articles of Confederation
-It was understood among many that the Articles of Confederation were inadequate. So, delegates were chosen by the 13 states to go to Philadelphia in 1787 and attend the Constitutional Convention. The original intent was to revise the Articles. But they realized that the Articles were so bad, they needed to be junked, and a brand new Constitution should be written.
-Some of the main delegates at the Convention were Washington, Franklin, Hamilton, Madison (Jefferson was missing because he was negotiating with the French—Even though he wasn’t there, he was influential in the Constitution because he was friends with Madison and Madison included many Jeffersonian ideas. John Adams was away doing the same as Jefferson but in England, negotiating with them)
Foundations of American Democracy
Ancient Greeks- invented democracy (they practiced a direct democracy)
Ancient Romans- they invented a republic- a representative democracy- this is the type of democracy that the U.S. has
The British Tradition- the tradition of limited government…which we modeled after the British. Magna Carta (which created Parliament and limited the power of the executive (monarch), Different branches of government, English Bill of Rights, etc.
The Enlightenment- European intellectual movement which stated that every human being has natural rights that they are born with that cannot be taken away. The main purpose of government is to protect the peoples’ natural rights. The two most important Enlightenment thinkers for us are John Locke and Montesquieu
John Locke- Jefferson uses his ideas to help write the Declaration of Independence. Ex. Government’s job is to secure the people in their natural rights. Locke promotes the social contract theory- that the government needs to protect the rights of the people and in return, the people will obey the laws.
Montesquieu- separation of powers
Constitutional Compromises
-The delegates agreed that the new Constitution needed to be strong enough to allow the national government to rule effectively, but not too strong so as to engage in tyranny.
-However, the delegates disagreed on a variety of issues. As a result, several compromises were made. There were five major ones.
The Issue of Representation in Congress- The Great Compromise (The Connecticut Compromise)
The two sides in the debate were larger states (populous) vs. the smaller states (less populated).
-The larger states supported the Virginia Plan- said that representation in Congress should be based on population. (in which case the larger states would have the most power)
-But the smaller states said that was unfair and instead proposed the New Jersey Plan- in which representation would be equal among all the states.
Compromise= The Great Compromise= Two Houses of Congress- (Bi-cameral Legislature)
=House of Representatives in which representation is based on population.
= Senate- in which representation is equally distributed.
The issue of slavery and representation- ⅗ Compromise
The two sides in the debate were southern states vs. northern states.
-Southern states wanted their slaves to count as white men for representation (for more political power) in the House of Reps, but not for taxation (so they don’t lose a lot of money).
-Northern states- wanted the opposite (wanted slaves to be counted for taxation, but not for representation) This is because it was viewed that slaves were property, not people. Property does not have political representation, but property taxes do in fact exist.
Compromise- Three-Fifths Compromise- Slaves will count as three-fifths of a white man for both representation (satisfying the south) in the House of Reps and taxation (satisfying the north). –(The south got a better deal—they got more representation, while the north basically got nothing)
The issue of trade/tariffs
-Tariffs are taxes on trade. There are basically two types of goods- imports and exports.
- Southern states hated tariffs…but they really hated taxes on exports. The reason is that the Southern economy relied on farming (agriculture). After they grew stuff….they sold stuff…mainly to Europe. (Taxes on exports made it so that Europeans were less likely to buy southern goods because they cost more—this causes the south to lose money)
-Northern states supported taxes on imports. The Northern states were just starting to industrialize. They were in competition with European manufactured goods. So they wanted the U.S. Gov’t. (Congress) to place a tax on imports because that would raise the price of imported finished goods from Europe, which would encourage Americans to buy American made products since they will be cheaper.
Tariff Compromise= U.S. Gov’t (Congress) has the power to tax imports…but not exports. (Which pleases both the north and south)
Electoral College Compromise-There was a disagreement among the delegates at the Convention on the qualifications for the president, how the president should be elected, and how long his term should be.
The compromise was the Electoral College. Voters only indirectly elect the president and vice president, by voting for electors chosen by the state who have pledged in advance to vote for a particular candidate. The founders included this method because they did not have full faith in the people…or full faith in true democracy. The president and vice president serve a four year term with no term limits (according to the original Constitution).
The Bill of Rights- Two sides in the debate=
Federalists- led by Hamilton. Supported more power to the national gov’t. (mostly northern)
Anti-Federalists- led by Jefferson. Supported more power to the states. (mostly southern)
The Anti-Federalists did not want to ratify (pass) the Constitution because they feared it would give too much power to the national gov’t and create tyranny.
Compromise:
Bill of Rights- Included in the Original Constitution which got the anti-federalists to ratify the Constitution (The Bill of Rights secure people from certain government abuses, thus preventing tyranny) {5 of the 10 amendments deal with rights you are given if you committed a crime. This is because Jefferson was worried that if someone had a position of power, a tyrannical government could unjustly arrest them and detain them if they spoke out. He was worried about a powerful national government that could do this to him and wanted to ensure it wouldn’t happen.)
Popular Sovereignty
(Popular = of the people—if you are popular, you must be a people person) (sovereignty: power) The people have the power (basic premise of the constitution)—This is very Lockean. The government rules based on the consent of the governed.
Limited Government
(Adopted from the Magna Carta and the creation of Parliament) The government is not above the law—they are subject to the law.
Separation of Powers
The 3 branches of government —to split the power so that not one branch has all the power. If power is decimated/less concentrated, there is less of a chance of abuse (it’s not impossible, but it’s unlikely) One branch may be corrupt, but the other two will balance it better as opposed to the entire government being abusive.
Checks and Balances
Each branch is independent from one another (it does not need another branch to act) (In England, the Prime Minister is not only the lead of the executive, but also a member of Parliament—they cannot act without Parliamentary consent…This is unlike America where the president can do a lot without congressional approval) Each branch is independent, but they also keep the other branches from becoming too powerful/ in check (hence “checks and balances”)—-Ex. Lawmaking: Congress can pass a law, however it is not a law until the President approves it. Usually the President signs the bill, however in rare circumstances, the president can veto the bill (it’s not dead, but it goes back to Congress, which can override it if it has a ⅔ majority in Congress) Presidential veto: checking Congress—Congress overriding it: Congress checking the president ——If the people believe their rights are being violated, they can sue and the courts can check both Congress and the President.
Judicial Review
It gives the courts the power to review laws/decide if a law is constitutional or not. Power given to the courts by the ruling in the Supreme Court case of Marbury v. Madison. Once the Supreme Court makes a ruling on a case with reference to Constitutional law, it can only be overturned by an additional Supreme Court ruling, or a Constitutional Amendment.
Federalism
The division of power in the US. Power is split up between the national government and the state governments. —If you support the principle of Federalism, you want more power to the state governments. The only powers the national government should have are written in the constitution. If something is not written in the constitution it is expected that the states have that power. (Anti Federalists like Federalism, Federalists don’t like Federalism—-basically the opposite) —The 10th amendment: All powers not written in the constitution are reserved to the states. (Federalists: loose interpretation of the Constitution)
Constitution: Article 1 outlines the powers of the legislative branch (Congress)
Financial Powers
—-Congress has the power to tax
——Congress has the power to borrow money
—–Congress has the sole power to print money and regulate its value
——Congress has the power to punish counterfeiters
Commercial (Trade) Powers
—Regulate interstate and foreign trade (domestic and foreign tariffs)
—–Establish post offices
—-Grant copyrights and patents
Military Powers
—-Declare War (only Congress can do this)
—Raise, Support, and Make Rules for an army and navy
—–Call up state militia to enforce federal law
Miscellaneous Powers
—-Establish naturalization laws (immigration)
Article II (outlines the powers of the Executive Branch)
The founding fathers had two opposing fears about the presidency.
1) Making him too powerful would lead to tyranny (abuse of power)
2) Making him too weak would be a repeat of the failures of the Articles of Confederation
Originally, the founders wanted the legislative branch to be the most powerful branch…because there are a lot more people sharing power, than just one person as president.
Chief Executive
-he enforces the Constitution and the laws passed by Congress
- has the power of executive orders (TEMPORARY POWER THE PRESIDENT HAS) (president has the power to make a decision that becomes policy—However these last as long as their term)
- appoints all important gov’t officials, such as all federal judges and Cabinet officials. (Judges have life terms–they change if they die. —-The president appoints people who align with their affairs)
Chief of State
-Acts as the ceremonial head of the government and symbol of national unity {Usually most Americans feel connected to the president and look to the president as someone who brings the nation together , especially during tough times. (Internationally, other countries think of the president when thinking about America)}
Chief Diplomat -Power to make treaties with other nations (mainly on trade) -To either have diplomatic ties or cut those ties with any nation
Commander in Chief (Military Powers)
-Appoints all top military commanders
-May order the armed forces into action in cases of disturbances at home or abroad
Chief Legislator -Recommends legislation to Congress -Can veto legislation which he does not like (which rarely happens---Congress usually sends a bill they know will get passed---otherwise it’s a waste of time) Judicial Powers -Appoints all federal judges (if there are openings--they serve life terms) -Has the power to grant pardons (amnesties/reprieves) (a “get out of jail free card”) (No one checks this power, he can free anyone if they are arrested for a federal crime, not state crimes----Ex. Obama freed many people who were imprisoned for life for drug charges---a life sentence is too much for drug possession) -Enforces or refuses to enforce federal court decisions Head of Political Party -Leader of his party which influences the members of his party to support him
