Chapter 2: Constitutional Underpinnings Flashcards

1
Q

French and Indian War

A

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.

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2
Q

Stamp Act

A

Official tax on newspapers and legal documents

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3
Q

“No taxation without representation”

A

Colonists lacked representation in Parliament and resented legislature imposed without consent
wanted representation
Create Continental Congress in 1774

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4
Q

Revolutionary War

A

With the Declaration of Independence, war for independence begins
Continental Congress builds up to this during meetings in Philadelphia

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5
Q

Declaration of Independence

A

The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence

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6
Q

English philosophy

A

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

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7
Q

Natural rights

A

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

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8
Q

Consent of governed

A

Idea that government derives its authority by sanction of the people

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9
Q

Limited government

A

Idea that certain restrictions should be placed on government to protect natural rights of citizens

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10
Q

Social contract theory

A

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

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11
Q

John Locke- more

A

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)

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12
Q

Jefferson - American creed

A

Established egalitarianism and liberty
purpose of government is to secure rights
first “new nation”- people over the government & first government based on these principles

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13
Q

Winning the war

A

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

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14
Q

Weaknesses of AC

A

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

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15
Q

Articles of Confederation

A

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

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16
Q

AC affect on state

A

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

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17
Q

Economic turmoil

A

Economic inequality ships public-policy economic issues are the top of the agenda postwar depression friends farmers with foreclosures

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18
Q

Shays’ rebellion

A

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

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19
Q

Annapolis meeting

A

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

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20
Q

Constitutional Congress

A

Representatives from 12 states meet in Philadelphia everyone but Rhode Island they are
elites and have economic and political power and education
55 men

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21
Q

constitution

A

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

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22
Q

U.S. Constitution

A

Document written in 1787 and ratified in 1788 that sets forth the institutional structure of the United States government and tasks the institutions

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23
Q

Human nature

A

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

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24
Q

Political conflict

A

Common idea
Conflicts over property, religion, governing, and leaders lead to fractions
Believed if unchecked fractions would tyrannize the others

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25
Q

Fractions

A

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

26
Q

Federalist 10

A

A collection of 85 articles written by Alexander Hamilton John Jay and James Madison under the name Publius to defend the Constitution and detail

27
Q

Object of gov.

A

Common idea
Preservation of property (Governor Morris advocates)
Preservation of individual rights to acquire wealth

28
Q

Nature of gov.

A

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

29
Q

Equality in roresentation

A

New Jersey and Virginia plan argued for different types of representation
Connecticut compromise

30
Q

Virginia plan

A

The proposal at the Constitutional convention that called for representation based on State population in proportion to US population in Congress

31
Q

N. Jersey plan

A

Proposal at Constitutional convention calling for equal representation of each state in Congress regardless of population

32
Q

Connecticut compromise

A

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)

33
Q

Equality- slavery

A

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

34
Q

3/5ths compromise

A

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

35
Q

Equality in voting

A

All free adult males v. property qualifications
eventually they leave the choice to states
(this is why southern African Americans could not vote)

36
Q

Economic issues addressed in constitution

A

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

37
Q

Writ of Habeas Corpus

A

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

38
Q

AC economic issues

A

Issues:

  • states had tariffs against products from other states
  • paper money was virtually worthless
  • congress couldn’t raise money
39
Q

Bills of Attainder

A

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

40
Q

Ex post facto laws

A

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

41
Q

Individual rights issues addressed

A
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

42
Q

Madisonian Model

A

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

43
Q

Methods to prevent tyranny of majority

A

Limit majority control
separate the powers of different institutions
construct a system of checks and balances

44
Q

Limit majority control

A

House of Representatives is only elected by the people to insulate officials from public opinion

45
Q

Separation of powers

A

Requires each of the three branches of government to be relatively independent of each other so that one cannot control the others

46
Q

Checks and balances

A

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

47
Q

Marbury v. Madison

A

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

48
Q

Articles

A

Article 1 Congress
article 2 executive
article 3 judiciary
article 4 states

49
Q

Constitutional republic

A
  • 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
50
Q

Federalists

A
Supporters of the US Constitution
Wealthier Minority
strong central government 
indirect elections 
want long terms 
expect the violations of liberties
51
Q

Anti Federalists

A
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
52
Q

Bill of Rights

A

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

53
Q

Ratification of constitution

A

Constitution had to be ratified by 9 of 13 states

Article 6

54
Q

Step 1: proposal

A

Congress can propose an amendment by a two thirds vote

A national convention can propose an amendment requested by two thirds of the states

55
Q

Step 2: ratification

A

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

56
Q

Formal amending

A

Two phases

Article 5 of constitution

57
Q

Informal amending process

A

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

58
Q

Judicial review

A

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

59
Q

Rebublic

A

A form of government that derives power directly or indirectly from the people those chosen to govern our accountable to those who they govern

60
Q

Texas v. Johnson

A

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