Chapter 2 Flashcards
Contract Theory
Rulers supply laws supporting life, liberty and property, while in
exchange people give loyalty. If not, then rebellion is justified
Continental Congress
was the first governing body claiming to speak for all colonies.
- Unicameral with equal voice by state
- Only one governing body (ie no executive)
- Supermajority requirements in voting
Popular Tyranny
The unrestrained power of the people via democratic practices.
- Fear of radical policy shifts via public opinion.
- Fear of what debtors would do with their vote.
The Articles of Confederation (AoC)
formed the first constitution, or set of
governing rules, used by the United States.
Shays’ Rebellion
showed the weakness of the AoC and prompted lawmaker to
create a new governing constitution (ie replace institutional design).
Major divisions:
• Big States v Small States - Representation in new form of government. • North v South - A question of banning slavery. • Centralized v Decentralized Government - Federalists v Anti Federalists.
Features of the AoC
- States retained sovereignty (decentralized)
- The Congress could control the national army
- Each state received one vote in the Congress
- Laws usually needed 9 of 13 states voting in favor of a measure in order to gain passage.
- Large changes required unanimity
- Congress could negotiate bonds and borrow money
Problems with the AoC
- No judicial or executive branches
- No power to tax
- No power to regulate interstate trade
- States could overrule national law in many ways
- Unanimity rules made it difficult to pass reforms such as new taxes
- No recourse to punish recalcitrant states
- No exclusive right to coin money
- Had to ask states for operating funds
Constitutional Convention
Drafted a new constitution via negotiation between the states and keeping in mind the failures of the AoC.
Slavery
3/5th Compromise: Slaves counted in census as 3/5 of a person.
No ban on slavery until 1808 (Article 1 Sec 9)
Democracy vs Aristocracy
- Property requirements to vote (Who votes?)
- Electoral college
- No hereditary titles, bills of attainder