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American Heritage > Midterm 2 > Flashcards

Midterm 2 Flashcards

1
Q

Articles of Confederation Weaknesses

A

Weaknesses: individual states could make different international treaties, no executive power, no power to tax by congress, no common currency, state wars, conflicts between state laws

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2
Q

Articles of Confederation Strengths

A

helped start the constitution, helped in revolutionary war, ended disputes over western lands, came from the people

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3
Q

The Bill of rights

A

1; right to petition, press, assembly, speech, religion 2; right to bear arms 3; quartering act 4;right against unwanted searches and seizers 5; DDEGS due process, double jeopardy, eminent domain, grand jury, remain silent 6; right to speedy trail 7;right to jury 8; right against cruel and unusual punishments 9; right for other rights listed 10; all other rights go to states

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4
Q

amendments 11 -15

A 
11; states cant sue each other
12; pres and vice run together
13; abolished slavery
14; outlined citizen rights free slaves
15; all men can vote regardless of race
13-15 reconstruction amendments
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5
Q

fed 10

A

Fact10ns Factions are created by groups of similar interest all pining for the same goal
Factions create tyranny and overshadow the minority
biggest problem, majority factions
To combat factions we need a bigger gov
Large republic=more factions=more competition=less tyranny. worlds largest water ballon fight

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6
Q

Fed 51

A

5eperat1on of powers
‘If men were angels’ auxiliary precautions are needed to keep gov in check
Include, checks and balances, separation of powers, veto power

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7
Q

fed 78

A

The judiciary has neither ‘the purse nor the sword’

The judiciary branch is the weakest and will not be a threat to gov

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8
Q

Articles of Constitution

A 
LEJSASR
legislative (had veto and impeachment)
executive
judicial (judicial review not in constitution)
states
amendments
supremacy
reconstruction
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9
Q

Virginia Plan

A

(Madison/Edmund Randolph)James Madison’s idea was for the congress representation to be based on a state’s population. This gave lots of power to big states, and less power to little states. Sovereignty in the nation

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10
Q

New Jersey Plan

A

William Paterson) William Paterson said that each state should get the same amount of votes. This gives power back to the little states. Sovereignty in the states

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11
Q

The great compromise

A

(Roger Sherman)bicameral house= house of representatives = based on population, senate = equal representation.

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12
Q

Compromise on slavery

A

Slave trade could not be abolished for 20 years
Slaves counted as 3/5ths of a person for taxation and representation
Fugitive slaves were to be returned to their owners

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13
Q

James madison ‘vices of political system’

A

the vices; Multiplicity of laws in several states
Mutability of the laws of the states
Injustice of the laws of the states
Impotence of the laws of the states
the cause; nation-state v national interests
the people- ambition, private interests,
the solution- states sometimes need to be coerced by gov
(hamilton agrees)

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14
Q

John Adams ‘thoughts on gov’

A

move power ‘from many to a few of wise and good’. legislature should represent all interests in the polity
should be a miniature exact portrait of the people

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15
Q

‘letters from an american farmer’ Crevecoeur

A

It doesn’t matter where you come from to be an American. It is our experiences that make us American.“silken bands of mild government” he likes the room for a free market and for people to make progress. Key Features: Light government and religious freedom

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16
Q

federalist papers’ John Jay and fed 2

A

John Jay’s three main points in federalist #2
We already fought a war together; we have shared history.
We have a shared ancestry. (Same language, religion, and cultures)
The land connects us.
Why were the federalist papers written? – to convince people that the constitution should replace the articles of confederation

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17
Q

3 systems of government

A

unitary; People> state> National
Federal; People>state & National (share power)
Confederal; State>National (people dont contribute)

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18
Q

federalist v anti federalist

A

federalist> for ratification of constitution against bill of rights
Antifederalist> against ratification of constitution, just wanted a revised articles, for bill of rights

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19
Q

small republic argument, (brutus, antifed)

A

1; history, lg republics have always failed or became tyrannical
2;Diversity and common good. sm republic> united to a common good v lg republic> less in common. diversity makes self gov more difficult.
3; The people and their reps. lg republic people will forget their reps and wont watch carefully enough

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20
Q

judicial review

A

the power of the judiciary to declare laws and other acts unconstitutional

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21
Q

Marbury v Madision

A

John Adams lost the reelection to Jefferson and so he tried to appoint Marbury to the court. Madison, the new Secretary of State, did not deliver the request. Chief Justice Marshall ruled that Madison should give the appointment to Marbury, but that the Judiciary Act giving the Supreme Court the right to issue writs of mandamus is unconstitutional. Therefore, the Court cannot force Madison to deliver the appointment. This sets up the precedent of judicial review, or the idea that the Court can judge acts of Congress to be unconstitutional.

22
Q

patomic fever

A

those in power can’t connect with most of nation

23
Q

Thomas Jefferson and James Madison, “Correspondence on a Bill of Rights”

A

For bill; Jefferson, Brutus Against; Hamilton, Madison
madisons concerns; Some states already had bill of rights and were ineffective. It is a government of the people already - Consent is the key. By listing our rights it will narrow our rights. Majorities take control
Jeffersons response; Secured our rights
A way to stand against our federal gov’t
‘lets secure what we can’
madison eventually agrees and writes bill of rights

24
Q

Broad v narrow rights

A

Broad drafting: looking at constitution with a means of how should we interpret it with our modern day issues
Narrow drafting: interpreting it to how the founding fathers would have wanted

25
Q

Elizabeth Cady Stanton, “Seneca Falls Declaration of Sentiments”

A

follows the structure and mimics the wording of the declaration of independence
Follows through with a lot of grievances of women towards the oppression by men.

26
Q

Sojourner Truth, “Ain’t I a Woman”

A

Jesus was born from the virgin Mary and God. Man had no part in Him.
Eve, a woman, was the first to eat the fruit and “turn the world upside down”. Women have the same power to help restore the earth.
Advocated for the rights of both women and blacks Focused more on her “ability” to be like a man than on natural rights of woman

27
Q

Jefferson Republican vision

A

Republican system that emphasized virtue. Preserve state power. Limit national gov. Narrower Interpretation of the constitution. Yeoman farmer. promote agricultural values

28
Q

Hamilton Federalist Vision

A

lg successful commercial republic. Broad interpretation of constitution. Strong national gov and economy that can compete with european powers. The essence of the american people is a diverse cultivated metropolitan society.

29
Q

Fisher Ames, “The Mire of Democracy”

A
  • The voice of the people is blasphemous, and can easily be swayed by demagogues with empty promises/ the worst blasphemy is that the voice of the people is the voice of God: we need to pay attention only to those who know politics, not just the common people
  • The framers of the Constitution “intended our government should be a republic, which differs more widely from a democracy than a democracy from despotism.”
    • Republic is better than a Democracy
    • Aristocrats should be the ones making the decisions
30
Q

The Supreme Court of the United States, Chiafalo v. Washington

A

Most states have bound electors to vote for who the people vote for (populus vote). Unfaithful electors can otherwise just be fined. “Faithless electors”

31
Q

Federal gov

A

the central governing body

32
Q

federalism

A

the seperation of powers between state and national gov

33
Q

federalist party

A

first political party in the us. held power under alexander hamilton. wanted strong central gov

34
Q

Jacksonian Era

A

the election of Andrew Jackson the beginning of the process of democratization
Was the first to create an actual election campaign
Filters of consent – like the electoral college - were being lifted.
Before this, the states would allow only the wealthy to vote. Property was a voting requirement in a lot of states.
Jackson made an appeal to the everyday person. `
Allowed common people to have more access to politics
It is the turning point when presidential candidates make an appeal to the common people.
Whigs were anti-Jackson
distrusted lg banks

35
Q

Henry David Thoreau, “Civil Disobedience”

A

Ron Swanson
People should disassociate from anything that was wrong, so for the government they should have nothing to do with bad policy, and should immediately stop supporting it.
If the government was doing injustice then people should not pay taxes
the best place for a just person is in prison
“Thoreau” your support to the government away when they do things you don’t like

36
Q

pro slavery argument

A

Slavery was helpful for agriculture and manufacturing. Without slaves, they would be behind. Extreme arguments said slaves aren’t even people and don’t have rights. Said that being owned by people allowed slaves to not have responsibilities, which was better than the life that white people who did have responsibility (ie food/shelter for a family) had.

37
Q

John C. Calhoun, “A Disquisition on Government”

A

Concurrent majority, meaning that the majority of all affected groups had to come to a consensus. Voices from all conflicting interests are heard.
Give states veto or nullification power over federal law in their state boundaries
proslavery

38
Q

Frederick Douglass, “What to the Slave Is the Fourth of July?”

A

“This Fourth of July is yours, not mine, You may rejoice, I must mourn.”
He thought the US was hypocritical for celebrating something that not everyone had (freedom)
The constitution is a document that supports freeing slaves

39
Q

George Fitzhugh, “Cannibals All! Or, Slaves without Masters”

A

Slaves are treated better than manufacturing workers in the North (and even treated better than their masters)
Pro slavery (ecomonic argument)
Capitalism is a cruel master
Slavery is humane and allows checks on cruelty
Criticizes Jefferson and claims we are over the revolution and it was wrong of founding fathers to declare that we are all equal (denounces Declaration of Independence)

40
Q

James Hammond, “Speech to the Senate on Slavery”

A

Slavery is justified and better than what the North has with factory workers
Pro slavery
Talks about superiority of South as a whole (They produced about 75% of the world’s cotton and with the large amount of textile mills in the North, the North was somewhat blackmailed)
Lots of land and man power in the South and could rule the world
Quotes the Bible to justify his argument for slavery
“Cotton is king”

41
Q

Constitutional Faliures

A

1;madisons lg republic (sectionalism mirror factions, N v S)
2; federalism (who to turn to in conflict? N-gov S-states)
3; separation of powers (N & S should be able to veto each other)
4; political process
5 supreme court (dred scott case)
6 the presidency

42
Q

Dred scott v Stanford

A

argued that since he lived in free state he should be free.
ruled ‘congress had no authority over slavery’
horrible turn on slavery
simply going to a free territory does not make you free

43
Q

Battle at little round top

A

pivitol battle hinges on the bravery and valor of a few men at critical juncture of the war
never will the confederate states challenge the north
Joshua chamberlan and 20th main keep S from getting around the union line, swings like a door.

44
Q

Abraham Lincoln, “Second Inaugural Address”

A

The North already knows they are going to win the war
The war revolves around slavery
Maybe the war is gods way of punishing the US for the sin of slavery
“With malice towards none and charity for all”
Forgives the south for the war and don’t punish them
Lincoln got killed though and Andrew Johnson wasn’t a strong enough leader to protect Lincoln’s goals so the south got a little messed up

45
Q

Eric Foner, The Second Founding:

A 
introduction of the reconstruction era and the 3 amendments (13,14, & 15) 
Why it was so important to give black men the vote and citizenship. 
These amendments are a response to the Dred Scott Supreme Court case and the civil war. 
4 Rights:
Natural rights (inalienable rights)
Civil rights
Political rights (ancient liberty, able to vote)
Social rights (relationships)
46
Q

James McPherson, “BYU Forum Address” Why the civil war matters today

A

sheep and wolves, negative and positive liberty
Negative liberty- freedom from… (less government), make own choices, NO INTERVENTION
Positive liberty- freedom to… ex: someone in poverty that wants to go to college but their capacity is cut short due to money so government provides grants- INCREASED CAPACITY TO MAKE DECISIONS
shift to possitive liberty after civil war

47
Q

Alexander H. Stephens, “Cornerstone Address”

A

New constitution for superiority on slavery
New confederate government
Slavery is the cornerstone of the south
Grounds his claims in morality (blacks are inferior)
says the confederacy will be founded on the principle that the races are inherently unequal.
They rested upon the assumption of the equality of races. This was an error. It was a sandy foundation, and the government built upon it fell when the “storm came and the wind blew.”

48
Q

Lysander Spooner, “No Treason”

A

Abolitionist, contended that slavery is inconsistent with the US Constitution (which influenced the views of Frederick Douglas)
Anarchist (not as much as Thoreau though)
Government needs to be small
Negative liberty
Consent is key - the south hasn’t committed treason because they never consented
Pro-succession
Majority shouldn’t coerce the minority

49
Q

Charles Sumner, “The Barbarism of Slavery”

A

Charles Sumner was beaten on the floor of the Senate by a South Carolinian politician and took years to recover
senior statesman of the Republican party
Constitution does not recognize property in man (human bondage)
you cannot believe in both slavery and freedom/civilization
the idea of being a human being excludes the idea of being a “thing” which can be owned
Government should increase freedom in the nation (positive liberty)

50
Q

Thaddeus Stevens, “Speech on the Reconstruction Acts”

A

lead efforts to reconstruct the south after the civil war
imposed martial law: former confederacy members were not allowed to participate in new civilian gov and the former slaves would be given the vote
“Call this a free republic where four million are subjects but not citizens?”
no gov. can be free that does not allow all its citizens to participate in the formation and execution of her laws
Positive liberty
blames south for war
says that just because slavery is over does not make slaves free

51
Q

thomas Jefferson ‘Kentucky Resolutions’

A

reacting against the alien and sedition acts
states should have the right to nullify laws the federal gov passes if they are unconstitutional
important because shows how federalism isn’t totally figured out

52
Q

Democratization

A

more power to the people

American Heritage (5 decks)

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