Chapter 2: Constitutional Underpinnings Flashcards
French and Indian War
Britain wins the war against France and acquire territory in the west, but Britain needs to pay to protect the territory, so they tax colonist, reasoning that the land is for the colonists.
Stamp Act
Official tax on newspapers and legal documents
“No taxation without representation”
Colonists lacked representation in Parliament and resented legislature imposed without consent
wanted representation
Create Continental Congress in 1774
Revolutionary War
With the Declaration of Independence, war for independence begins
Continental Congress builds up to this during meetings in Philadelphia
Declaration of Independence
The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence
English philosophy
Intellectual colonial leaders apply English philosophy to framework of the Constitution
(Jefferson, Franklin, James Madison, Morris, Hamilton)
John Locke was the main influence
-natural rights
-consent of governed
-limited government
-social contract theory- Rousseau
Natural rights
Rights inherent in humans
not depends on governments
central to John Locke series
widely excepted by founding fathers and Thomas Jefferson in Declaration of Independence
Consent of governed
Idea that government derives its authority by sanction of the people
Limited government
Idea that certain restrictions should be placed on government to protect natural rights of citizens
Social contract theory
Theory of Rousseau
an agreement entered into by individuals that results in the formation of the state and organized society, the prime motive being the desire for protection, which entails the surrender of some or all personal liberties
John Locke- more
Government must provide standing laws
“the supreme power cannot take from any man any part of his property without his consent” (absent in Declaration of Independence)
Jefferson - American creed
Established egalitarianism and liberty
purpose of government is to secure rights
first “new nation”- people over the government & first government based on these principles
Winning the war
The war was costly and lots of people died in the British were favored and America won
1783
revolution was conservative
did not drastically alter daily life
establish stability & didn’t split society
no social economic or political upheavals
Weaknesses of AC
No power to tax
no power to regulate commerce between states
no power to solve conflicts between states
no power to draft troops
nine of the 13 states had to pass legislation
no chief executive
no national courts
unanimous approval to amend the articles
Borrow money from states
Articles of Confederation
The first constitution of the United States adopted by Congress in 1777 and an acted in 1781 the articles established a national legislature, the Continental Congress, but most authority rests with the state legislature
Congress controlled territories and native relations- northwest ordinance (Great Lakes)
1 vote per state
AC affect on state
Increase in democracy in liberty for white males
new middle class of farmers & craftworkers become the majority the power of the wealthy shrinks
government becomes more responsive to people
Economic turmoil
Economic inequality ships public-policy economic issues are the top of the agenda postwar depression friends farmers with foreclosures
Shays’ rebellion
A series of attacks on court houses by small band of farmers led by Revolutionary war captain Daniel Shays to block foreclosure proceedings
neither Congress or state could use militia to stop shays’ rebellion privately paid troops or use instead
Annapolis meeting
in 1786 Leaders discuss issues to attempt reformation in Annapolis
five states come decide to organize a larger meeting and a broader proposal in Pennsylvania the Constitutional Congress in May 1787
Constitutional Congress
Representatives from 12 states meet in Philadelphia everyone but Rhode Island they are
elites and have economic and political power and education
55 men
constitution
And nations basic law it creates political institutions the signs are divides power in government and provide certain guarantees to citizens they can be written or unwritten
U.S. Constitution
Document written in 1787 and ratified in 1788 that sets forth the institutional structure of the United States government and tasks the institutions
Human nature
Common idea
Leviathan Thomas Hobbes believe men were were self interested needed government but the
delegates oppose monarchy that he was suggesting
Hamilton agreed that men love power
Political conflict
Common idea
Conflicts over property, religion, governing, and leaders lead to fractions
Believed if unchecked fractions would tyrannize the others
Fractions
Interest groups arising from the unequal distribution of property or wealth the James Madison attacked in Federalist paper number 10 today’s parties in interest groups are what he had in mind when he warned of instability
Federalist 10
A collection of 85 articles written by Alexander Hamilton John Jay and James Madison under the name Publius to defend the Constitution and detail
Object of gov.
Common idea
Preservation of property (Governor Morris advocates)
Preservation of individual rights to acquire wealth
Nature of gov.
Common idea
Power set against powers and no fraction would overwhelm the others balanced- branches of gov.- Baron Montesquieu
avoid tire any three checks and balances
Equality in roresentation
New Jersey and Virginia plan argued for different types of representation
Connecticut compromise
Virginia plan
The proposal at the Constitutional convention that called for representation based on State population in proportion to US population in Congress
N. Jersey plan
Proposal at Constitutional convention calling for equal representation of each state in Congress regardless of population
Connecticut compromise
Compromise reached at the Constitutional convention that establishes two houses of Congress the House of Representatives based on population and the Senate where each state gets two representatives
(States have more power)
Equality- slavery
Legal in all states but Massachusetts
Congress limited further trade, but does not end slavery
slaves must be returned if found
north: wanted slaves to count as a person for taxing and representation south: counted as a person for representation, but not taxing
3/5ths compromise
Compromise reached by North and South while drafting constitution to count slaves as part of the population, but as 3/5 of a person
counted for representation and taxation
Equality in voting
All free adult males v. property qualifications
eventually they leave the choice to states
(this is why southern African Americans could not vote)
Economic issues addressed in constitution
most members of the Constitutional Congress were elite
strengthen economic powers of government to protect their interests
Build a strong economy
Congress became the chief economic policy makers (weights and measures, investment, infrastructure)
New gov. Pays debts from time under AC to start up economy
Writ of Habeas Corpus
Individual right issue addressed in the Constitution
a writ requiring a person to be brought before a judge or court especially for investigation of restraint of the persons liberty uses of protection against illegal imprisonment
AC economic issues
Issues:
- states had tariffs against products from other states
- paper money was virtually worthless
- congress couldn’t raise money
Bills of Attainder
Individual rights issue addressed in the Constitution
An act of legislature finding a person guilty of treason a felony without trial and declaring him attained is forbidden under article 1 section 10
Ex post facto laws
Individual rights issue addressed in Constitution
A law that makes illegal and act that was legal when committed, increasing penalties for an infraction after it has been committed
the Constitution prohibits
Individual rights issues addressed
Suspends writ of habeas corpus prohibits bills of Attainder No ex post facto laws no religious discrimination rules for conviction of treason
people thought it needed to protect more rights
Madisonian Model
Established a system of government by distributing powers of the federal government in creating a system of checks and balances to eliminate control of majority fractions
Methods to prevent tyranny of majority
Limit majority control
separate the powers of different institutions
construct a system of checks and balances
Limit majority control
House of Representatives is only elected by the people to insulate officials from public opinion
Separation of powers
Requires each of the three branches of government to be relatively independent of each other so that one cannot control the others
Checks and balances
An important part of the madisonian model designed to limit government’s power by requiring that power be balanced among the different governmental institutions that check each other’s activities
Marbury v. Madison
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to interpret the U.S. Constitution
the decision establish the cords power of judicial review over acts of Congress
Articles
Article 1 Congress
article 2 executive
article 3 judiciary
article 4 states
Constitutional republic
- Required reflection and refinement of public views through decision-making process
- Republic- people select representatives to govern & make laws
- checks and balances favors majority
- moderation compromise and slow change make establishing tyranny difficult
10 states ratify
Federalists
Supporters of the US Constitution Wealthier Minority strong central government indirect elections want long terms expect the violations of liberties
Anti Federalists
Opponents of the U.S. Constitution argued it was class-based and decrease liberties and weaken states Majority- farmers, laborers Week central direct election shorter terms
Bill of Rights
The first 10 amendments to the constitution drafted in response to anti-Federalist concerns
define basic liberties such as freedom of speech religion press and right to bear arms
Ratification of constitution
Constitution had to be ratified by 9 of 13 states
Article 6
Step 1: proposal
Congress can propose an amendment by a two thirds vote
A national convention can propose an amendment requested by two thirds of the states
Step 2: ratification
State legislatures can ratify an amendment by a vote of three fourths of the states
state conventions can ratify an amendment by a vote of three fourths of the states
Formal amending
Two phases
Article 5 of constitution
Informal amending process
Judicial review- Marburg v. Madison
Changing political practice- 2 party system requiring electors to pledge in advance for who they would vote for
Technology- media, computers increase bureaucracy, increase international obligations
Judicial review
The power of the courts to determine whether acts of Congress, and the executive, are in accord with United States Constitution judicial review was established by John Marshall in Marbury v. Madison
Rebublic
A form of government that derives power directly or indirectly from the people those chosen to govern our accountable to those who they govern
Texas v. Johnson
Johnson burns American flag in protest nuclear war
Sentenced to prison time and fine, but appealed with violation of freedom of speech
SCOTUS sides with Johnson
Congress passes law, Flag Protection Act, in response to public, but the next year in United States v. Eichman, SCOTUS called it unconstitutional
Shows that the constitution supersedes ordinary law even if it is unpopular with the people
