Confederation and Constitution Flashcards

1
Q

Critical Period

A

Term Popularized by John Fiske referring to the time after the American Revolution in the 1780s when the Nations Future was uncertain

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2
Q

Common Elements in State Governments

A
  1. Cheif executive had limited power
  2. Most states had bicameral legislatures; Pennsylvania and new hampsiere had Unicameral
  3. Lower house appropriated funds; dominate branch of government
  4. Property ownership required for voting and holding office
  5. Judges appointed by legislature with tenure based upon “good behavior” and created a more independent judiciary.
  6. States had “Bills of Rights” designed to protect the rights of citizens from government abuse
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3
Q

Indian land cessions

A

During the last third of the 18 century Native Americans were forced to give up extensive homelands

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4
Q

Articles of confederation and perpetual friendship

A

Introduced by Richard Lee Henry he suggested that colonies enter into a bond of perpetual friendship congress feared this idea because they thought a strong national government would be oppressive. Approved in march 1781

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5
Q

Ordinance of 1784

A

The first land ordinance. Written by Thomas Jefferson allowed for formation of new states all states were to enter the Union with equal footing to the original 13

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6
Q

Ordinance to 1785

A

The Second ordinance. allowed for the surveying and disposition of the lands west of the Ohio River.

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7
Q

Range

A

Smallest division of Land

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8
Q

Township

A

6 miles square

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9
Q

Section

A

360 acres within a township

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10
Q

Northwest Ordinance

A

Last Ordinance of the three. Established Government for the new territories. There were to be 3 - 5 states created. Michigan, Ohio, Indiana, Illinois, and Wisconsin.
5000 adult males - Non voting representative to be sent to congress
60,000 adult males - could apply to admission to the Union

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11
Q

Congressional Authority

A
  1. Declare war make and peace.
  2. Make treaties with Indians and foreign powers.
  3. Create army and navy.
  4. Coin money and borrow funds.
  5. Set weights and measures.
  6. Establish a post office
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12
Q

Congressional Limitations

A
  1. Limited taxing authority; requested state funds.
  2. No regulatory power over trade and commerce.
  3. No federal court system.
  4. A single vote in Congress for each state.
  5. No chief executive officer to implement policy
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13
Q

Failures of Congress

A

1) States did not honor the Treaty of Paris, 1783; states refused to
return property to the Loyalists (Tories).

(2) British refused to leave the Northwest Territory; refused to leave
until the return of British property by the states.

(3) Spain did not allow free navigation on the Mississippi River and closed
the port at New Orleans (only way into the interior of the new country)
closing of the port made trade difficult.

(4) Lack of cooperation between state governments and the national
government; made negotiations with other nations extremely difficult;
army forced Congress from Philadelphia.

In 1786 Shays Rebellion demonstrated the
weakness of the national government.

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14
Q

Shays Rebellion

A

A civil insurrection in Massachusetts (1786) during an economic depression; farmers demanded:

an end to specie payments for debt

Government issue currency

an end to imprisonment for debt

stay laws to end property forecloses

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15
Q

Federal Constitution

A

James Madison was the “most gifted” at the convention and is termed the “father of the Constitution.

Locke argued for a social contract and for the right of
citizens to revolt against their king if that monarch became
tyrannical. This philosophy enormously influenced the
democratic revolutions that followed, especially the founders.

Charles Montesquieu advocated a “separation of powers” in
Spirit of the Laws (1748) with political authority divided among
legislative, executive and judicial powers; branches of a co-equal
government.

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16
Q

Great Debate

A

The 55 delegates intended to revise the Articles of
Confederation in Philadelphia which began May 25, 1787.

Virginia Plan (May 29, 1787) called for popular
representation; introduced by Edmund Randolph

New Jersey Plan (June 15, 1787) called for equal
representation; introduced by William Paterson

Connecticut Compromise (Great Compromise) combined the two ideas on July 16, 1787; passed by one vote and was introduced by Roger Sherman and Oliver Ellsworth

he Three-fifths Compromise was the first compromise on slavery.

17
Q

Article I section 2

A

Representatives and taxes will go off of respective numbers based upon the number of free persons.
(including those bound to service for a term
of Years, and excluding Indians not taxed, three fifths
of all other Persons)

18
Q

Article I section 9

A

No Tax or Duty shall be laid on Articles exported from any State. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

19
Q

Roger Sherman

A

Roger Sherman, from
Connecticut, was the only
Founding Father to sign all
four of the most significant
documents in American
history:

Articles of Association from the first Continental Congress

Declaration of Independence

Articles of Confederation

and Constitution.

20
Q

Federalist

A

Federalists that strongly
supported the Constitution. They were worried more
about the failure of the national government under the Articles of Confederation than the possibility of future abuses of government.

21
Q

Anti federalists

A

Anti federalists that strongly
opposed the Constitution. They were worried that the
new Constitution might centralize authority and become abusive … their experience with Great Britain

22
Q

Battleground states

A

Massachusetts: Federalists promised to
add a Bill of Rights to Constitution if MA ratified.

Virginia: Federalists promised to
add a Bill of Rights to Constitution if VA ratified.

New York: Federalists supported the Constitution
with the Federalist Papers.

23
Q

The Federalist Papers

A

The Federalist Papers were a series of eighty-five essays urging the citizens of New York to ratify the
new United States Constitution.

Written by Alexander Hamilton,
James Madison, and John Jay

24
Q

James Madison on the benefits of Republicanism

A

The tenth essay in The Federalist Papers, often called Federalist No. 10, is one of the most famous. Written by James Madison, it addresses the problems of political parties (“factions”).

Madison argued that there were two
approaches to solving the problem of political parties: a republican government and a democracy. He argued that a large republic provided the best defense against what he viewed as the tumult of direct democracy. Compromises would be reached in a large republic and citizens would be represented by representatives of their own choosing.” 32

25
Q

Bill of rights of outline

A

Freedom of religion, speech, the press, and assembly.

  1. Right to keep and bear arms.
  2. Limitation on quartering of soldiers in private homes.
  3. Limitations on searches and seizures.
  4. Protection of personal and property rights.
  5. Right to a speedy, public, and fair trial.
  6. Trial by jury in a civil case.
  7. Excessive bail and cruel punishments prohibited.
  8. People possess other rights besides those listed.
  9. Unspecified powers belong to the states or the citizens
26
Q

what does constitution mean

A

Chief Justice Charles Evans Hughes: “We are under a Constitution, but the Constitution is what the judges say it is, and the judiciary is the safeguard of our liberty and of our property under the Constitution

27
Q

An Economic Interpretation of the
Constitution of the United States

A

the
Founding Fathers had been
motivated by economic reasons.
According to Beard the Constitution
was a conservative reaction to the
Declaration of Independence by
conservative property owners and
creditors.