Exam 2 Lecture Material Flashcards
Problems with Articles of Confederation (1777-1778)
Weak government
-no ability to tax, no supreme judiciary, no executive
Inefficient structure
-unanimity required for amendment
-9/13 rule privileged obstructive minorities
No sovereignty over states
-states competed with national government in foreign policy and trade
-no national trade regulation; state-to-state tariffs, no national import market
Elements of American Constitutional Government
Autocracy
Classical Republicanism
Liberalism
Libertarianism
The Virginia Plan
Strong, central government
Bicameral legislature
proportional legislature (based on representation)
New Jersey Plan
Single-house congress
all states equally represented
The “Great Compromise”
By: Roger Sherman Bicameral legislature Both proportional and equal representation -House: population -Senate: equality
Federalism
Sovereignty divided between state and national government (not 50/50)
the “most brilliant achievement” of the Constitutional Convention
The Compromise on Slavery
- 3/5 compromise on representation and taxation
- delay in ending slave trade until 1808
- fugitive slave clause
Structural solutions to prevent abuse of power in government
Structural devices: -Bicameral legislature -indirect election ~filters of consent -enumerated powers Separation of powers Checks and Balances
Why did anti-federalists oppose the Constitution?
Too much centralized power Contrary to classical republic model -republics needed to be small Too similar to monarchy and aristocracy Congress had potentially unlimited power -necessary and proper clause Infringed on state sovereignty Lacked a Bill of Rights
Marbury v. Madison
1803, began judicial review
Federalists
-strong central government
-broad interpretation of the Constitution
-pro-market and business (Hamilton’s Plan)
-pro-Britain
John Adams and Alexander Hamilton
Democratic Republicans
“That government is best that governs least”
- strict interpretation of Constitution
- pro-agrarianism (Jefferson)
- pro-France
- Thomas Jefferson and James Madison
Sources of party bitterness
- Jay’s Treaty with Britain
- Alien and Sedition Acts
- Partisan newspapers
Jay’s Treaty (1795)
Britain agreed to withdraw from forts in US territory, but exacted humiliating economic and trade concessions
Alien and Sedition Acts
1) harder for immigrants to become a citizen
2) President can imprison and deport non-citizens that are deemed dangerous
3) President can imprison and deport non-citizens that are from a hostile country
4) criminalized making false statements about the government