Chap 2: The Founding and the Constitution Flashcards
settler colonialism
form of colonialism that seeks to remove native americans from land and replace with new settler population
Articles of Confederation
Americas first written constitution
adopted by Continental Congress in 1777
enforced 1781 to 1789
confederation
system of government in which states retain sovereign authority, except for powers expressly delegated to national gov’t
first two american colonies? settled on land…?
jamestown, virginia (1607)
plymouth, Mass (1620)
land already controlled by powerful native nations (algonquin, pequot, narragansett)
what made possible growth of colonies?
settler colonialism
settlers forcibly confiscated land from native americans and rejected native land ownership
Tea Act of 1773
Britain grants East India Company monopoly on British tea exports (co. planned to sell tea directly within the colonies rather than work through merchants)
consequences of tea act
radicals join elites to protest act
antitax americans block unloading of tea
Boston Tea Party (Dec 16 1773)
slavery was critical to…?
the early development of the colonial economy
allowed for an imagined future without Britain
slavery economic results
Responsible for major agricultural/mineral exports of period (tobacco, rice, sugar, coffee, gold, silver)
Vital to manufacturers in north
Essential to building of sprawling southern plantations (home to G.W and James Madison)
*slavery was accepted due to its vital role in sustaining the colonial economy
coercive/intolerable acts
passed in early 1774
closed off Boston Harbor
recinded Mass charter (colony now under more direct British rule)
passed in response to Boston Tea Party
first continental congress
12 delegates
sep 5 - oct 26, 1774
Sam A, G.W, John A, etc.
discuss boycotting british goods, establishing american rights, plan for C.C 2
drafting of Dec of Independence
Second continental congress (1776) appoints comittee to draft statement of American independence from british rule
Tom Jefferson chosen to draft
Declaration of Independence
document justifying American repudiation of British rule
ratified July 4th, 1776 by Second Continental Congress
John Locke
17th century British philosopher
Argued monarchical power not absolute/dangerous and should be limited
People’s lives, liberty, property require protection
People of a country have the right to overthrow a gov’t they believe to be unjust/tyrannical
Thomas Hobbes
17th cen political thinker
did not advocate for democratic gov’t
belived gov’t authority a necessary antidote to human existence in gov’t-less state of nature (nasty, short, brutish)
gov’t must be limited in power
political systems derive their powers from contract theroy (people give up some freedoms in exchange for ordered society)
Montesquieu
French 17th cen philosopher
Power must be balanced by power as defense against tyranny
Achieved through separation of governing powers (basic functions separated with some overlap)
Articles of Confederation federal powers
single congress making up national gov’t
declare war/make peace, negotiate treaties/alliances, issue currency, borrow money, regulate trade with the Native nations
Articles of Confederation weaknesses
Federal law only enforceable by states
No national army (state militias)
National gov’t cannot collect taxes
States use different currencies
All 13 states had to be in agreement to amend constitution
Shays’ Rebellion
Daniel Shays, former army captain, leads mob of farmers to prevent forclosure on homes (Mass. fall 1786)
Mob attempt to seize federal arsenal at Springfield
Rebellion demonstrates the weakness of the states under the Articles
The Constitutional Convention
Delegates meet in Phily (Independence Hall), May 1787 to discuss the Articles (May 25th - Sep 17 1787)
Constitutional Convention: Virginia Delegation
Consisting of representatives from Virginia (G.W, James Madison) led by Edmund Randolph
Proposal to revise and add to the Articles included the Virginia plan
Virginia Plan
Proposed that representation in national legislature be based on state population and/or proportion of state revenue contributed to national gov’t
Proposed bicameral legislature (2nd chamber reps elected by 1st chamber)
New Jersey plan
Alternative resolution to Virginia plan
Proposed by William Patterson
Proponents argued populous states would dominate the legislature
Proposed equal representation in legislature regardless of popultation
Proposed unicameral legislature
Conneticut/Great Compromise
Bicameral legislature
House - based on pop
Senate - equal representation
Slavery during late 18th cen
Support began to wane
Involvement of slaves in rev war weakened support for slavery
*Crispus Attucks - considered the first Black to be killed in rev war
*Colonies promised freedom to slaves that fought for them in rev war
*Colonies such as Vermont, Rhode Island, Massachusetts, and Pennsylvania outlawed slavery after the War
Why is “slave” or “slavery” not included in the Constitution?
Embarassment of protecting the institution of slavery
There was moral and economic debate over slavery which showed fundamental differences between north and south
Ultimately both the north and south benefited economically from slavery
3/5ths compromise
Southerners wanted to count slaves towards seats in the house
*Sparks debate over property being counted as free persons
Compromise counts 3/5 of enslaved population towards seats
Extension of slave trade in constitution
10 of 13 colonies had outlawed importation of slaves
3 states - Georgia, S.C, N.C - threatened to leave the convention if slave trade banned
Clause extended slave trade for 20 years to keep union intact (fed granted authority to tax slave imports)
Article 1, Section 9, Clause 1 repercussions
Constitution entrenched and protected a dehumanizing institution
Wove white supremacy into the fabric of new nation, solidifying system of racial hierarchy still being challenged today
Congress Powers
authority to collect taxes, borrow money, regulate commerce, declare war, and maintain an army and navy
House of Representatives
Elected directly by popular vote
Depend on pop of state
2 year terms
Sole power to originate revenue bills
Approves enactment of laws in conjunction with senate
Senate
Elected directly by popular vote (17th ammendment, 1913)
6 year terms
Power to ratify treaties and approve presidential appointments
Approves enactment of laws in conjunction with House
Purpose of staggered Congressional Elections
1/3 of Senate terms end every 2 years
According to Alexander Hamilton, to avoid “excessive democracy” where Congress would be resistant to popular pressure in the Senate
expressed powers
Powers of gov’t explicitly stated within the constitution
necessary and proper/elastic clause
Powers implicitly granted to federal gov’t in order to carry out expressed powers
*implied powers
Purpose of the Presidential office
Framers viewed lack of executive as a source of weakness
Meant to prevent tendency toward stalemate caused by separation of powers and legislature
President afforded significant independence from branches (especially congress)
Executive branch powers are often implied
Framers intention with presidency
to create an office that would make the federal gov’t the agency capable of timely/decisive action against national issues
Protection againt excessive democracy with electoral college
Framers purpose with constitution
Nationalizing governmental power while checking radical democratic impulses while preventing national gov’t from infringing on liberty/property ownership
The Judicial Branch
powers reside in the supreme court
Meant to determine if powers are federal, state or both
assigned jurisdiction over conflicts between individuals of different states
judicial review
power of supreme court
determining if actions of congress or the executive are in line with law/constitution
Not expressly stated in constitution
*Power assumed by Supreme Court in Marbury v. Madison
higher law
concept
the constitution and its ammendments are intended to be a framework from which the processes of governing and making ordinary law can take place
supremacy clause
Article VI of the Constitution
laws and treaties passed/ratified by the federal gov’t are the “supreme law of the land”
binds state, local, federal officials to take an oath to uphold the constitution
checks and balances
mechanisms through which each branch of government is able to participate in and influence the activities of the other branches
federalism
a system of government in which power is divided, by a constitution, between a central government and regional governments
Federalists
supported stronger central gov’t
united in their support of the constitution
Included Alexander Hamilton, James Madison, G.W
Believed elites were most fit to govern (feared excessive democracy)
Property owners, merchants, creditors
Antifederalists
Opposed constitution and favored more decentralized federal system
divided over possible alternatives
Included Patrick Henry, George Mason, George Henry
Made up of small farmers, frontiersman, shopkeepers
Feared concentration of power in hands of elites
Representation: Federalists
believed that an advantage of representative democracy to be the possibility that citizens would elect those with greater experience and talent to represent them
Representation: Antifederalists
Believed representatives should be a true image of the people with the knowledge of their circumstances and wants
Believed true representation to be virtually impossible with a population as diverse and large as that of the US
Source of Tyranny: Federalists
tyranny over the few by the many
feared a popular majority, united by a common impulse of passion/interest would be adverse to the rights of the minority and would “trample on the rules of justice”
size and diversity of the nation would be protection from tyrannical majority
Source of Tyranny: Antifederalists
feared the tyranny by the few over the many
feared the tendency of republics to become aristocratic
criticized gov’t institutions created by the constitution without direct responsibility to the people
Federalist Papers
a series of essays written by Alexander Hamilton, James Madison, and John Jay supporting ratification of the Constitution
tyranny
oppressive government that employs cruel and unjust use of power and authority
